CBA Record Oct. 2015

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PRO BONOWEEK 2015– RISE ABOVE YOUR NARROW CONFINES
residing in traditional nursing homes in
Cook County. Because Access Living had
experience assisting many people living in
nursing homes with reintegrating into the
community, it was the natural choice for
lead counsel in Colbert. Several pro bono
law firms represented the Colbert class over
the course of the litigation, including the
current firm, Dentons.
The institutions in the three cases have
much in common. Generally, they offer
residents little contact with non-disabled
people; few opportunities to participate in
community life; very little privacy; little or
no choice in daily decisions, such as when
to wake up, what and when to eat, and
when to go to bed; and little or no choice of
daily activities, with most residents spend-
ing their days in “workshops” while being
paid sub-minimumwage or no wages at all.
After extensive litigation, consent
decrees were reached in all three cases. The
consent decrees all have an independent
monitor with expertise in developing com-
munity systems for people with disabilities.
The monitor oversees implementation of
the various requirements of each consent
decree. To date, more than 7,500 people
with disabilities have received community
services under the three decrees. This would
not have been possible if the private bar had
not made such a significant commitment
to these cases.
The recent budget impasse in Illinois
has shined anew a spotlight on the con-
sent decrees in these cases. The Illinois
Comptroller took the position that she
could not make any payments for people
with disabilities unless there was a budget
appropriation or a court order. While
class counsel believed the three consent
decrees provided sufficient authority for
the Comptroller, we went back to court
and secured an Order in each case to ensure
that the State would continue to meet its
commitments under the consent decrees
and pay providers at the same level as the
previous fiscal year, until an agreement on
the budget is reached. This most recent
Make a Difference
For more information on how you can advocate for people with disabili-
ties, and celebrate the 25th anniversary of the ADA, visit ADA 25 Chicago
at You can also find more opportunities on
CBA RECORD 39
continued on page 51
The Chicago Bar Association & The Chicago Bar Foundation’s
2015 Pro Bono Week Oct 26-30
Rise Above Your Narrow Confines
Too often we get so caught up in the stresses
of daily life that we march ahead with our
heads down and forget to look at the world
around us. Pro Bono Week (and pro bono
work in general) reminds us that we must
consider—and try our best to address—
the broader challenges
facing humanity:
poverty, discrimination,
persecution, oppression,
to name a few. Why?
Because we’re all in this
together.
Allegra R. Nethery
Pro Bono and
Philanthropy Partner,
Seyfarth Shaw LLP
President, The Chicago
Bar Foundation