A new Illinois Supreme Court rule spells out the duties incumbent on a lower court in declaring unconstitutional a statute, ordinance, regulation or other law.

New Rule 18, which took effect Sept. 1, “is intended to implement the principles encapsulated in People v. Cornelius and In re Parentage of John M.,” the court rules committee commented.

The duties are that:

• The court makes the finding in a written order or opinion, or in an oral statement on the record that is transcribed.

• The order or opinion clearly identifies portions of the statute, ordinance, regulation or other law that are being held unconstitutional.

• The order or opinion clearly sets forth the specific grounds for the finding, including the constitutional provision on which it is based.

The finding may be that a law held unconstitutional can't reasonably be construed in a manner that would preserve its validity; or the finding may be necessary to the decision or judgment rendered, and can't rest on an alternative ground.

The rule also requires that Rule 19 notice be served, and adequate time and opportunity be given to defend the statute, ordinance, regulation or other law.