CBA Record July-August 2015

56 / 60

In 1970, President Nixon appointed Jus-
tice Stevens to a seat on the Seventh Circuit,
based upon the recommendation of Senator
Charles Percy, Stevens’s friend and former
classmate at the University of Chicago.
Five years later, President Ford nominated
Stevens to succeed retiring Justice William
O. Douglas on the Supreme Court, and
Stevens won unanimous Senate approval
only 19 days after his nomination.
During his lengthy tenure on the Court,
Justice Stevens gradually emerged as one of
its leading, liberal voices, even though he
had twice been appointed by Republican
presidents. In his own view, however, it was
the Court that changed more than he did,
becoming far more conservative over time.
Nonetheless, Judge Williams questioned
Justice Stevens about several areas of the
law in which his views clearly evolved
during his decades on the Court, such as
affirmative action programs, of which he
grew more accepting, and the death pen-
alty, which he ultimately concluded was
unconstitutional.
In his later years on the Court, Justice
Stevens voted to expand the rights of
detainees at Guantanamo Bay, Cuba, and
he now believes those who have been held
in captivity but are not deemed a security
threat should receive some form of repara-
tions from the federal government, without
having to first proceed through the U.S.
legal system.
Since his retirement from the Court
in 2010, Justice Stevens has remained
extremely active. In addition to exercis-
ing regularly and delivering speeches
throughout the country, Justice Stevens
has written two books and is currently
working on his memoirs. His first book,
“Five Chiefs,” discusses the history of
the Supreme Court under the past five
Chief Justices, including Justices Burger,
Rehnquist and Roberts, with whom he
served on the Court. His second book, “Six
Amendments: How and Why We Should
Change the Constitution,” proposes six
amendments to the United States Consti-
tution, including limiting the scope of the
Second Amendment, abolishing the death
penalty, imposing restrictions on campaign
financing, and restricting the practice of
political gerrymandering. Not surprisingly,
Justice Stevens believes strongly that many
of the nation’s most serious problems could
be alleviated by adopting the six amend-
ments proposed in his book.
The program concluded with Justice
Stevens offering some practical advice
on life and lawyering. For example, he
believes that lawyers should adopt a unique
practice, always be prepared, perform a
significant amount pro bono work, take
a personal interest in people, and express
appreciation for others’ hard work. These
lessons have obviously served Justice Ste-
vens well, as he remains a revered figure
among his former law clerks and many in
the Chicago legal community.
Don’t Miss The Centenarians
On October 16, the Barristers Big Band will swing to the “The Centenarians,” a free concert celebrating
the lives and music of three giants of jazz born 100 years ago: Billie Holiday, Billy Strayhorn, and Frank
Sinatra. Starting at 6:00 pm at the HaroldWashington Library Center’s Cindy Pritzker Auditorium, the band
will take you on a wondrous journey, with tunes including: Billie Holiday’s Lover Man, God Bless the Child,
and Strange Fruit; Billy Strayhorn’s Lush Life, So This is Love, and Blood Count; and Frank Sinatra’s Come
Fly With Me, All of Nothing at All, and You Make Me Feel So Young. Mark your calendars and plan for a
fabulous evening of music!
56 JULY/AUGUST 2015
Justice Stevens
continued from page 10
WHAT’S YOUR OPINION?
Send your views to the CBA Record, 321
South Plymouth Court, Chicago, IL 60604. Or you
can e-mail them to
magazine reserves the right to edit letters prior
to publishing.
The precise scope of Section 13-214.3
had been a key area of confusion. In this
case, Riseborough committed the malprac-
tice when he signed the “Fund and Fight
Agreement” without authority on October
23, 2000. Evanston filed its complaint on
December 23, 2009. If the statute of repose
of Section 13-214.3 applied to a non-client,
it would bar Evanston’s suit as having been
filed more than three years after the expira-
tion of the six-year period of repose.
Courts had interpreted the statute of
repose to apply only to claims brought by
clients. Under Evanston Insurance, Section
13-214.3 is not limited to claims asserted
by a client, but also applies to claims
asserted by non-clients. In reaching its
holding, the Illinois Supreme Court also
stated that under the express language
of the statute, “it is the nature of the act
Ethics Extra
continued from page 49
or omission, rather than the identity of
the plaintiff, that determines whether the
statute of repose applies to a claim brought
against an attorney.”
Commentary
Evanston Insurance re-emphasized two
important thoughts for practitioners:
First, the statute of repose is unforgiv-
ing; second, unsettled questions of
law are hazardous. Evanston Insurance
knew or should have known that Sec-
tion 13-214.3 of the Code of Civil
Procedure applied to its claim against
Riseborough and that it was ambiguous,
thus unsettled. It should have protected
itself. Initially it did protect itself but then
apparently failed to do so. The opinion
provides a reminder to practitioners that
they must exercise caution in unforgiving
and unsettled areas of the law.