In the Beginning: ALA’s Early Days

By Edward J. Kionka

        The California Academy of Appellate Lawyers, formed in 1972, has sometimes claimed to be the oldest organization in America devoted to appellate practice. But in a 2023 article in the CSCHS Review, the author acknowledged that CAAL founder Ed Lascher “was aware of the Illinois Appellate Lawyers Association, formed in 1968,” citing a July 30, 1970, letter from Francis D. Morrissey, our second president. There is no doubt that ours is the oldest formal state-level association of appellate lawyers and that it has served as a blueprint for other state organizations, including CAAL.

        Although few written records from the ALA’s early years survive, we have indisputable evidence that we were organized in 1968 and that Sidney Z. Karasik was our founding father. His sons provided photos of two plaques. One is an award presented in appreciation of his service as ALA president in 1968-69. The other, dated May 3, 1990, reads, “in recognition of his vision and successful work as a guiding spirit and moving force of the Appellate Lawyers Association.” In his 1981 DePaul Law Review article, Sid claims only to be a “co-founder,” but all of us who were there in the early years know that the ALA was Sid’s brainchild.

        In 1968, the legal profession in the United States did not formally recognize specialties; Illinois was no exception. The ABA viewed specialization as a threat to the traditional ideal of a broad “general practice” and shelved several proposals to recognize or regulate specialties. California became the first state to adopt a pilot specialization program in 1971.

        Then, as now, Illinois attorneys could not claim to be appellate lawyers or specialists. Since 2010, however, we can state that we do or do not practice in particular fields of law, subject to certain disclaimers. See SCR Rule 7.4. The Illinois Supreme Court does not define those fields, so any Illinois lawyer is free to designate appellate practice as one of their fields.

        State’s Attorneys, the Illinois State’s Attorneys Appellate Prosecutor (beginning in 1977), and the State Appellate Defender (beginning around 1970) handle most criminal appeals, creating a de facto criminal appellate bar. Privately retained attorneys handle about 10-20% of criminal appeals, but in 1968 it is doubtful that any would have been regarded as an appellate specialist.

        By 1968, de facto specialization in civil matters was common, but appellate practice was not typically listed among practice areas. Lawyers who practiced mainly or exclusively in certain areas were generally based in metropolitan areas. An unknown number of Illinois private practitioners — mostly in Cook County — had become what we now call appellate lawyers. Few, if any, did appeals exclusively, but they knew their way around the reviewing courts and were skilled in brief writing and appellate procedure.

        Sid Karasik was among the best. A sole practitioner in Chicago, Sid was known in his time as the “dean” of Illinois appellate lawyers. He served as counsel of record in more than 2,000 appeals.

        Sid recognized the need for an organization whose purposes, as set forth in our earliest bylaws and our 1969 annual report, were to foster and encourage “a spirit of loyalty and fraternity among appellate lawyers to promote a closer relationship between such lawyers to the end that they may become mutually helpful to one another and to further their common interest, and to encourage the highest professional and ethical standards in the prosecution of appeals.” Our first mission statements also included working with law schools, proposing new legislation and rule changes to improve appellate procedures, and assisting the Illinois reviewing court system in other ways. Until recently, our bylaws included the purposes listed below.*

        Sid immediately began recruiting members, who in turn recruited others. The earliest members included Francis D. Morrissey (Baker & McKenzie, Chicago), president 1969-70; Dom J. Rizzi (a Chicago lawyer and later an Appellate Court Justice), president 1970-71; William J. “Bill” Harte (a Chicago superlawyer), president 1972-73; Leonard Ring (a leading Chicago personal injury attorney), president 1974-75; Ted Kionka, president 1977-78; and outstanding Chicago lawyers Jerome H. Torshen, John J. Naughton, James P. Chapman, and D. Kendall Griffith, all of whom served as president. The first directors were Harry G. Fins, Joseph B. Lederleitner, Richard E. Mueller, John M. O’Conor, Jr., Thomas J. Weithers, and Leonard Ring. In 1970-71, the directors were Jim Chapman, John R. McKay, Mary M. Shaw, Robert A. Sprecher, Russell J. Topper, and Jerry Torshen.

        When the ALA’s first directory was published in 1970, we had already grown to 71.** As of this writing, we have approximately 330 members.

        In the early days, we met monthly, September through May, at 3:30 pm at the Illinois Supreme Court’s Chicago administrative office, 30 North Michigan Avenue, except for three luncheon meetings at Stouffer’s Restaurant, 24 West Madison Street. Unfortunately, we rarely gather in person now, mostly at our annual luncheons in each judicial district.

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Notes

• *To be an organization of lawyers specializing in practice before the courts of review.
• To review systematically all pertinent legislation and rules of court affecting jurisdiction and procedure in the appeal of cases, with the aim of achieving greater clarity, fairness and comprehensiveness.
• To facilitate closer and more effective liaison between lawyers specializing in the appeal of cases and the appellate bench and the legislature.
• To improve the standards of quality and competence in the preparation of cases on appeal.
• To exchange ideas and techniques, to resolve common problems, and to discuss matters of mutual interest to those specializing in this field.

**   Marvin E. Aspen, Edward J. Barrett, Paul Peter Black, Jack E. Bowers (Downers Grove), Ronald Butler, Gerald Chapman, James P. Chapman, Benjamin H. Cohen, Robert L. Conn (Springfield, Clerk 4th Dist.), Ronald S. Cope, Thomas W. Dempsey, Sydney R. Drebin, Donald J. Duffy, Peter F. Ferracuti (Ottawa), James T. Ferrini, Harry G. Fins, Richard G. French, Elmer Gertz, Vincent J. Getzendanner, Kenneth L. Gillis, Howard C. Goldman, Irving Goodman, Gilbert Gordon, T. A. Gottfried (Ottawa), D. Kendall Griffith, William J. Harte, Edmund Hatfield, Fred Herzog, Jack E. Horsley (Mattoon), Richard W. Husted (Elgin), Horace W. Jordan, Sidney Z. Karasik, L. Louis Karton, James R. Kavanaugh, John Kennelly, Edward J. Kionka (Champaign), James O. Latturner, Joseph B Lederleitner, John R. Mackay (Wheaton), Mary Jane Mackay, James R. Mitchell, Donald T. Morrison (Waukegan), Francis D. Morrissey, Richard E. Mueller, John P. Murray, John J. Naughton, Samuel Nineberg, John M. O’Connor, Jr., Andrew J. O’Conor (Ottawa), John J. O’Toole, Francis X. Riley, Leonard M. Ring, Dom J. Rizzi, Ellis B. Rosenzweig, Mary M. Shaw, Ralph Siegel (Clerk), William T. Simmons (Mt. Vernon, Clerk 5th Dist.), Thelma B. Simon (Wilmette), Morris L. Simons, Jay Smyser, Robert A. Sprecher  (Judge), Dudley R. Sullivan, Leo J. Sullivan III (Waukegan), Marshall A. Susler (Decatur), Frederick W. Temple, James A. Thompson, Russell J. Topper, Jerome H. Torshen, Thomas M. Walsh, Thomas J. Weithers, Alfred E. Woodward (Wheaton). Except as indicated, all listed Chicago office addresses.

Shortly thereafter, we added Themis Anagnost, Vern Beck (Clerk, 1st District), John P. Crowley, John F. Grady, Robert Guritz, Mary Jane Mackay, William R. Quinlan, Nat Ozman, Richard Record (Mattoon), Philip Rock, James Truschke, Jack Watson, Meyer Weinberg, Stanley Werdell, Jim Wham (Centralia), and Leo Wykell.