Circuit shorts

A recommendation from the 2002 ISBA Future of the Courts Conference that the maximum limit on small claim filings be increased was adopted Dec. 6 by the Illinois Supreme Court, and became effective Jan. 1.

The amendment to Rule 281. Definition of Small Claim now refers to “a civil action based on either tort or contract for money not in excess of $10,000, exclusive of interest and costs, or for the collection of taxes not in excess of that amount.”

The jurisdictional amount had been last raised to $5,000 on Jan. 1, 1997, from the $2,500 level at which it had been since Feb. 1, 1981.

The amendment also states that because the increase “will require a modification to the allocation of judicial resources, (it is) applicable only to new cases and does not apply to pending cases.”

The Supreme Court has refined the statement in Rule 345. Briefs Amicus Curiae, (a) Leave or Request of Court Necessary, that refers to justification for filing a friend of the court brief.

The motion for leave to file previously required a statement of “the reasons why a brief of an amicus curiae is desirable.” It now asks that amici “state the interest of the applicant and explain how an amicus brief will assist the court.”

This amendment was adopted Dec. 6 and became effective immediately.

Current and former law clerks of Judge Richard Mills of U.S. District Court for the Central District helped him celebrate his 20th anniversary on the federal bench during a recent dinner in Springfield.

Although Mills has taken senior status, he continues to handle a partial caseload in the Central District and also sits by designation on U.S. Courts of Appeal around the country.

Rachel Mills, the judge's wife, and Linda Bartlett, his secretary for the past 29 years, joined 16 clerks who attended the celebration.

Among them were Michael G. Getty and James B. Chapman II from Indianapolis, and Donald M. Shawler from Roswell, N.M.

Springfield participants were Stephen F. Hedinger, Thomas H. Wilson, John E. Childress, Douglas J. Quivey, Lara L. Quivey, Daniel J. Hillis, James R. O'Neill and Susan S. Gleason.

Also Robert A. Larsen of DeKalb, Stuart E. Funderberg and Deanne F. Jones of Decatur, Michael T. Kokal of Edwardsville and Heather R. Rouleau of Moline.

In December 2006, Judge Mills will have completed 40 years as a jurist in state and federal trial and appeals courts.

A new Illinois Supreme Court Rule 46. Official Record of Court Proceedings was adopted Dec. 13, replacing repealed Rule 45. Court Reporting Services Resources. It took effect immediately.

The comprehensive new rule covers taking of the record and security of the record, and describes the qualifications of persons to be designated as “court reporting personnel.”

Detailed procedures for electronic recording of court proceedings includes equipment, training and certification of operators, storage and safekeeping of recordings, and monitoring by the Administrative Office of the Illinois Courts.

The new rule required amendments to Rules 306A, 312, 323, 604, 606, 607 and 608. The words “court reporting personnel” were substituted for references to “court reporters” and similar functions.

Rule 46 effectively moves authority over court reporters from the Supreme Court to the chief judges in three regions: Cook County; the circuits in DuPage, Lake, McHenry and Will Counties, and the downstate counties.

“It really removes any suggestion that the court is still in the business of managing reporters on a day-to-day basis,” Joseph R. Tybor, press secretary to the Supreme Court, told a Chicago Daily Law Bulletin reporter.

“At the same time, it reserves to the courts its responsibility and ensures that there will be a record on appeal.”

Repealed Rule 45, which was adopted April 15, 2004, merely referred to “Administrative Regulations: A Com-prehensive Document Governing Court Reporting Services for the Illinois Courts,” filed Oct. 20, 2003.