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Illinois Bar Journal
Articles From 2004

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Department of Human Services to Implement Model Protocol for State-Operated Facilities; P.A. 93-0636 March 2004 Illinois Law Update, Page 124 The Mental Health and Developmental Disabilities Act has been amended to require that, no later than January 1, 2005, the Department of Human Services must adopt a model protocol and forms for recording all patient diagnosis, care and treatment at each state-operated facility for the mentally ill and developmentally disabled under the jurisdiction of the department. 
Department of Insurance Simplifies Regulations May 2004 Illinois Law Update, Page 242 The Illinois Department of Insurance has simplified regulations regarding the rates charged to motorists with theft deterrent devices in their vehicles. 
Department of Public Health Adopts Changes to Background Check Program April 2004 Illinois Law Update, Page 176 The Illinois Department of Public Health recently adopted amendments to 77 Ill Adm Code 220.2800, covering the Health Care Worker Background Check section of the Community-Based Residential Rehabilitation Center Demonstration Program Code.
Despite clear running of both the statute of limitations and statute of repose for attorney malpractice action, attorney was equitably estopped from raising issue of statute of repose May 2004 Illinois Law Update, Page 242 On February 6, 2004, the Illinois Appellate Court, Fifth District, reversed the judgment of the Circuit Court of Madison County granting the defendant attorney's motion to dismiss on grounds of the statute of limitations and statute of repose, and remanded for further proceedings. 
Disbursement, within the meaning of section 14 of the Arbitration Act, does not include an award of attorney's fees September 2004 Illinois Law Update, Page 456 On June 14, 2004, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's denial of a petition for attorney's fees.
Dormitory sprinkler systems required in all post-secondary educational institutions - P.A. 093-0887 October 2004 Illinois Law Update, Page 514 Fire sprinkler systems are required in the dormitories of all post-secondary educational institutions by 2013.
The Downsizing, then Supersizing of Medicare's Super Lien By Fred Johnson January 2004 Article, Page 40 A federal appellate decision limited Medicare's subrogation interest in settlement proceeds, but the new Medicare reform law legislatively overturned the court and expands the lien.
Due Process in Zoning Hearings: Guidelines for Complying with the Supreme Court's Mandate By Ronald S. Cope February 2004 Article, Page 88 The supreme court recently required broader due-process rights for objectors to zoning decisions. Here's how municipalities can comply.
DUI: the acid-reflux defense By Helen W. Gunnarsson November 2004 Lawpulse, Page 562 The high court holds that defendants with acid-reflux disease can raise it as a defense if it causes them to regurgitate during breath-alcohol testing.
Effort to reduce harm caused by methamphetamine heightens retail sales restrictions and employee education P.A. 093-1008 November 2004 Illinois Law Update, Page 568 Effective January 1, 2005, the Methamphetamine Manufacturing Chemical Retail Sale Control Act will seek to reduce the damage methamphetamine use inflicts upon individuals, their families, communities, the economy, and the environment by making it more difficult to obtain the requisite chemicals for methamphetamine manufacturing.
Ethics overkill? By Helen W. Gunnarsson June 2004 Lawpulse, Page 286 The Illinois Municipal League and the Illinois AG offer competing model ethics-in-government ordinances for local governmental bodies.
Evaluation and Treatment Required for Sex Offenders P.A. 093-0616 April 2004 Illinois Law Update, Page 176 The Sex Offender Management Board Act has been amended to include among the list of sex offenses any felony that is "sexually motivated."
Evidence that reveals a victim's "prior sexual activity" is rendered inadmissible by the rape shield statute September 2004 Illinois Law Update, Page 456 On June 24, 2004, the Illinois Supreme Court reversed an order of the appellate court and affirmed the circuit court's finding that evidence sought to be introduced by the defendant was barred by the rape shield statute.
Exemption for Issuance of Permits to Public Water Supplies February 2004 Illinois Law Update, Page 70 The Illinois Commerce Commission recently enacted amendments to 35 Ill. Adm. Code 602. 
Expert's affidavit establishes prima facie case of medical malpractice November 2004 Illinois Law Update, Page 568 On August 17, 2004, the Illinois Appellate Court, Fourth District, affirmed in part and reversed in part the decision of the Circuit Court of Sangamon County that granted the defendant's motion for summary judgment in a medical malpractice action. 
Family limited partnerships get the green light By Helen W. Gunnarsson September 2004 Lawpulse, Page 450 This important tax-planning device for farmers and business owners gets a boost from a federal appellate court.
Filmmaker charged under eavesdropping statute By Helen W. Gunnarsson November 2004 Lawpulse, Page 562 A filmmaker who taped police without their consent is charged under the Illinois Eavesdropping Statute.
Finding Legal Briefs Online By Thomas Keefe July 2004 Column, Page 373 Someone else's brief can serve as the starting point; maybe even the foundation; for yours. But how do you find one? Here are some possibilities.
A finding of parental unfitness must be specific as to each child June 2004 Illinois Law Update, Page 292 On March 18, 2004, the Illinois Supreme Court affirmed the appellate court's reversal of the trial court's finding of unfitness and termination of a mother's parental rights with respect to the youngest of her four children.
FOIA requests for public records must be in writing September 2004 Illinois Law Update, Page 456 The Illinois Department of Public Aid recently adopted amendments to 2 Ill Adm Code 1101 effective on July 1, 2004. 
Food Stamps Assistance Program allows for exclusion of child support payments in determining eligibility October 2004 Illinois Law Update, Page 514 The Department of Human Services recently adopted amendments to 89 Ill Adm Code 121. 
For purposes of imposing vicarious liability, unless it can be shown that a client directed, controlled, authorized, or ratified the alleged misconduct, an attorney's alleged tortious conduct may not be imputed to a client August 2004 Illinois Law Update, Page 398 On May 20, 2004, the Illinois Supreme Court reversed the judgment of the appellate court and affirmed the trial court's grant of summary judgment in favor of the defendants. 
Former version of §1-5(3) of the Juvenile Court Act did not require trial courts to admonish parents of all factors that could result in the termination of their parental rights. March 2004 Illinois Law Update, Page 124 On December 18, 2003, the Illinois Supreme Court reversed the judgment of the appellate court and affirmed the circuit court's termination of the defendant's parental rights. 
Found treasure By Helen W. Gunnarsson December 2004 Lawpulse, Page 614 Dividends on unclaimed stock belong to the owner, not the state, the supreme court rules.
Fourth District split on the question of whether psychological evidence based on actuarial tests is admissible in proceedings under the Sexually Violent Criminal Persons Commitment Act without a Frye hearing to determine the validity of such actuarial tests. February 2004 Illinois Law Update, Page 70 On November 13, 2003, the Appellate Court of Illinois, Fourth District, reversed the judgment of the Circuit Court of Champaign County declaring defendant a sexually violent person under the Sexually Violent Criminal Persons Commitment Act, 725 ILCS 207/1, et seq.
Fourth District split on the question of whether psychological evidence based on actuarial tests is admissible in proceedings under the Sexually Violent Criminal Persons Commitment Act without a Frye hearing to determine the validity of such actuarial tests. February 2004 Illinois Law Update, Page 70 On the same day, November 13, 2003, another panel of the Appellate Court of Illinois, Fourth District, decided a similar case in the opposite, affirming the judgment of the Circuit Court of Sangamon County declaring defendant a sexually violent person under the Sexually Violent Criminal Persons Commitment Act, 725 ILCS 207/1, et seq. 
Getting paid, part 1: demand bankruptcy fees up front By Helen W. Gunnarsson February 2004 Lawpulse, Page 62 Thanks to a new seventh circuit case, it's more important than ever for attorneys who represent debtors in Chapter 7 to get all of their fees up front.
Getting paid, part 2: A new probate pitfall to avoid By Helen W. Gunnarsson February 2004 Lawpulse, Page 62 If your client is seeking payment from an estate, make sure you file a claim with the probate court even if the estate representative knows about the debt; that knowledge might not put the estate on the hook, according to a new appellate court ruling.
Getting Your Research Bearings; Dead Reckoning v the Sextant By Paul D. Callister January 2004 Column, Page 49 Sometimes research still works best with books, and sometimes it works better on the computer. We're still trying to figure out why and when.
Grandparent visitation, take 2 By Helen W. Gunnarsson September 2004 Lawpulse, Page 450 The legislature passes a new grandparent visitation law, which is designed to cure the defects of its unconstitutional predecessor.