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Illinois Bar Journal
Articles From 2002

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A criminal defendant's guilty plea at trial waives all Apprendi-based sentencing challenges on appeal July 2002 Illinois Law Update, Page 344 On April 18, 2002, the Illinois Supreme Court affirmed the decision of the appellate court and affirmed the defendant's extended-term sentence.
Cross-Examination: The Trial Lawyer's Search Engine By Joseph B. McDonnell December 2002 Article, Page 657 Cross-examination tips for beginning lawyers.
A Day in the Life of Future Lawyer By Todd Flaming December 2002 Column, Page 665 A technolegal tale from the future. And the future is good.
Decedent's survivors can sue gun manufacturers and distributors for public nuisance provided that decedent's death is "fairly traceable" to the defendants' conduct March 2002 Illinois Law Update, Page 120 On December 31, 2001, the Appellate Court of Illinois, First District, concluded that the complaint instituted by survivors of decedents killed by guns manufactured or distributed by the defendants stated a cause of action for public nuisance.
Deer hunting regulations amended December 2002 Illinois Law Update, Page 634 The Department of Natural Resources amended regulations dealing with the hunting of white-tailed deer with handguns.
Defendant cannot be tried for reckless homicide after pleading guilty to reckless driving because of double jeopardy issues August 2002 Illinois Law Update, Page 402 On June 6, 2002, the Appellate Court of Illinois, Second District, reversed the decision of the Circuit Court of Lake County and concluded that the prosecution violated double jeopardy when it charged the defendant with reckless homicide after he previously pled guilty to reckless driving.
Defendant waived per se conflict with a knowing and intelligent waiver, even though his counsel's firm represented a potential state witness at the time of the alleged criminal activity June 2002 Illinois Law Update, Page 288 On March 29, 2002, the Appellate Court of Illinois, First District, in this interlocutory proceeding, reversed the judgment of the trial court disqualifying defense counsel.
Defendant's failure to assign plaintiff tasks that were given to more experienced employees did not constitute a materially adverse employment action under Title VII September 2002 Illinois Law Update, Page 454 On July 12, 2002, the United States Court of Appeals for the Seventh Circuit affirmed the grant of summary judgment to the Illinois Department of Transportation (IDOT) in a suit brought by an employee under Title VII.
Defendant's statements during a routine traffic stop were properly suppressed when police officer did not have independent reasonable suspicion to ask about the items in the car August 2002 Illinois Law Update, Page 402 On May 24, 2002, the Appellate Court of Illinois, Second District, affirmed the decision of the Circuit Court of DuPage County and held that certain statements the defendant made as to ownership of items in his vehicle were properly suppressed by the trial court.
Defending the Deposition By Maureen B. Collins July 2002 Column, Page 379 Your job is to protect deponents from the undue influence of an overzealous opposing counsel; and from their own confusion and intimidation.
Definition of "relative" expanded October 2002 Illinois Law Update, Page 512 On August 1, 2002, the Department of Children and Family Services (department) amended rules in sections 300, et al., of the Illinois Administrative Code. 89 Ill Adm Code 300-02, 304, 315, 328, 337-38, 359, 402.
Definition of small construction business altered November 2002 Illinois Law Update, Page 584 On August 23, 2002, the Department of Central Management Services (department) expanded the number of construction businesses that will be considered "small" businesses in title 44 of the Illinois Administrative Code. 44 Ill Adm Code 1.
Department of Corrections did not violate state Religious Freedom Restoration Act when it confiscated religious pamphlet that contained inflammatory language about correction officers October 2002 Illinois Law Update, Page 512 On August 13, 2002, the Appellate Court of Illinois, Fifth District, affirmed the ruling of the circuit court of Randolph County, and granted the Illinois Department of Corrections' (DOC) motion to dismiss this case.
Department of Human Services employees added to victims of aggravated assault and battery P.A. 92-0841 December 2002 Illinois Law Update, Page 634 On August 22, 2002, Gov. George H. Ryan signed into law Senate Bill 2030, which amends the Criminal Code of 1961 to include employees of the Department of Human Services (DHS) among the victims of aggravated assault or battery.
Department of Natural Resources takes steps to prevent disease from spreading throughout Illinois deer population October 2002 Illinois Law Update, Page 512 On July 30, 2002, the Department of Natural Resources (department) adopted emergency amendments to section 635 of the Illinois Administrative Code. 17 Ill Adm Code 635.
The devil in the details of domestic-partner benefits By Helen W. Gunnarsson November 2002 Lawpulse, Page 578 More employers are offering benefits to their employees' nonspouse partners. Here are some of the legal and administrative issues they need to consider.
Director of IDOC abused his discretion by following unwritten policy that prevented inmates with domestic battery arrests from receiving good-time credit March 2002 Illinois Law Update, Page 120 On December 28, 2001, the Appellate Court of Illinois, Third District, affirmed the trial court's decision that the director of the Illinois Department of Corrections (IDOC) abused his discretion by refusing to grant good-time credit to the defendant because he was previously charged with domestic battery.
Do trial lawyers have the Country behind them? By Helen W. Gunnarsson November 2002 Lawpulse, Page 578 A recent case interpreting language that appears in many Country Companies insurance policies has the plaintiffs' bar buzzing.
Document-Retention Policies in the Wake of Enron By David F. Barlett June 2002 Article, Page 317 Find out how a uniform and consistent document-retention policy can protect your clients.
Electronic surveillance regulations updated March 2002 Illinois Law Update, Page 120 On November 21, 2001, the Department of State Police (department) adopted several amendments to section 1295 of the Illinois Administrative Code. 20 Ill Adm Code 1295.
Eligibility for restricted driving permits and minimum sentence requirements for DUI convictions P.A. 92-0418 June 2002 Illinois Law Update, Page 288 On August 17, 2001, Gov. Ryan signed House Bill 2265, which amended the Illinois Vehicle Code and the Unified Code of Corrections concerning the eligibility for restricted driving permits and minimum sentence requirements for drivers convicted of DUI offenses.
Embezzlement at insurance company affects interstate commerce and Congress authorized to prohibit such conduct under Commerce Clause October 2002 Illinois Law Update, Page 512 On August 20, 2002, the United States Court of Appeals for the Seventh Circuit affirmed the holding of the United States District Court for the Northern District of Illinois.
Emergency amendments aid hospitals July 2002 Illinois Law Update, Page 344 On April 30, 2002, the Department of Public Aid (department) adopted emergency amendments to section 148 of the Illinois Administrative Code. 89 Ill Adm Code 148.
Emergency Preparedness Pointers for Lawyers By Paul Sullivan May 2002 Column, Page 265 Let's face it; sometimes you can't prevent fires, floods, violent attacks and the like from wreaking havoc in the workplace. But you can prepare for the worst.
Employee's Hepatitis B did not substantially limit a major life activity under the Americans with Disabilities Act January 2002 Illinois Law Update, Page 14 On October 22, 2001, the seventh circuit court of appeals affirmed the grant of summary judgment for a former employer, holding that "liver function" was not a major life activity under the Americans with Disabilities Act, 42 USC § 12101 et seq.
Employers need not hire workers for jobs that threaten health By Helen W. Gunnarsson August 2002 Lawpulse, Page 392 The ADA does not require employers to hire employees for jobs that would pose a "direct threat" to the candidates health, the Supreme Court ruled.
Employment agreement between physician and unlicensed not-for-profit corporation violates prohibition against corporate practice of medicine December 2002 Illinois Law Update, Page 634 On September 19, 2002, the Illinois Supreme Court held that a physician's employment agreement her employer violated the prohibition against the corporate practice of medicine and was void and unenforceable.
Estate and Gift Tax Changes: What's New in the New Law? By Richard A. Campbell and Mary C. Talarico January 2002 Article, Page 24 Here's a summary of the changes wrought by the Economic Growth and Tax Relief Reconciliation Act.
The estate of homestead is a permissible defense to a forcible entry and detainer action by a condominium association seeking possession and money damages for back maintenance assessments on a condominium unit February 2002 Illinois Law Update, Page 66 On November 26, 2001, the Appellate Court of Illinois, Second District, reversed the decision of the trial court, holding that an estate of homestead is a defense to a condominium association's forcible entry and detainer action against a condominium owner who owes back assessments to the association.
Estate-Planning Internet Resources for Illinois Lawyers By Adria P. Olmi January 2002 Column, Page 49 Don't let your brainchildren be like the proverbial cobbler's shoeless kids; lawyer, protect your IP rights.