CBA Record Oct. 2015

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44 OCTOBER 2015
correctional facility.
Practically speaking, when a court
believes sheriff-EHM to be appropriate,
it imposes a jail sentence, remands the
defendant to the custody of the sheriff
and, in effect, recommends that the sheriff
release the defendant on EHM (through a
“Sentenced Order” utilized by the Cook
County Sheriff). In the Sentenced Order,
the court specifies hours that the defendant
may leave his or her residence, e.g., for
employment purposes or to attend medical
appointments. The Sheriff will verify this
information before allowing movement.
The court also has discretion to require the
defendant to pay for the costs of equipment
use (capped at $30 per day).
Ultimately, the sheriff has the prerogative
to release the defendant on EHM, with
the Sentenced Order essentially providing
a screening process, as opposed to being a
mandatory directive from the court. Judicial
input into the EHM decision, however, is
helpful. It allows for a preliminary determi-
nation of whether the defendant is eligible
for EHM, and oversight of release condi-
tions. It also provides the court with discre-
tion to increase the length of the sentence to
account for the reality that EHM is not jail
custody. (If the sheriff does not release the
defendant on EHM, and the court imposed
an increased sentence, the defendant could
move to reduce his or her sentence.)
Under the present law, EHM through
probation does not appear to satisfy
imprisonment requirements in recidivist
DUI and 6-303 statutes. Although the
probation department is an EHM “super-
vising authority,” that does not mean that
probation-administered EHM is a lawful
substitute for imprisonment, especially in
view of the significant differences between
incarceration at home and incarceration in
a penal institution. See People v. Ramos, 138
Ill. 2d 152, 159 (1990). Moreover, the leg-
islature is presumed to know the difference
between EHMand imprisonment. Because
the legislature did not use words, such as
“home detention” in recidivist 6-303 and
DUI misdemeanor penalty provisions, it
does not appear that legislature intended
for EHM to be a sentencing option when
PRO BONO PROGRAM TAKES ON ARDC CASES
By Shannon Burke
Because there is no right to counsel in disciplinary proceedings, indigent attorneys too often face the experi-
ence alone. However, Holland&Knight LLP recently announced the nation’s first privately sponsored pro bono
program to represent attorneys who could not otherwise afford representation in disciplinary proceedings.
Trisha Rich, the Holland & Knight attorney leading the program, stated that there has been“a heightened
awareness that many lawyers in the state who face disciplinary charges lack the resources to hire defense
counsel. We have created the Attorney Defense Initiative to provide competent and dedicated legal repre-
sentation for those attorneys who qualify.”
Initially, only Holland & Knight attorneys will represent pro bono clients before the Illinois Attorney Regis-
tration & Disciplinary Commission (ARDC). However, the firm intends to eventually include attorneys from
other law firms as well.“The initial response to this program has been very enthusiastic. Several members
of the respondents’[defense] bar have already offered to help,”Rich said.
According to the Holland & Knight press release, James J. Grogan, deputy administrator and chief counsel
of the ARDC stated, “The ARDC commissioners are enthusiastic about the Attorney Defense Initiative and
they commend the goal of providing competent representation to any lawyer facing a disciplinary charge.
There are many talented ARDC defense attorneys and they all perform some amount of pro bono service.
However, there is a real need to provide consistently available quality legal representation for lawyers in
financial need. This truly is a terrific idea.”
Rich is part of Holland & Knight’s Legal Profession Team. She also co-chairs the CBA’s Young Lawyer’s Sec-
tion Professional Responsibility Committee, which she credits with assisting in conceiving this program.“In
addition to Holland & Knight’s support, my YLS co-chairs Phillip Skaggs and Emily Roschek spent the last
year and a half helping me sketch these ideas out, sometimes literally on the backs of napkins. We spent a
lot of time discussing ways we could provide pro bono legal services in the community. The final result is
the Attorney Defense Initiative, which we are all tremendously proud of.”
If you are an attorney interested in volunteering for the Attorney Defense Initiative, or in seeking legal
assistance from the Attorney Defense Initiative, please contact Trisha Rich at