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Illinois Bar Journal
Articles From 2004

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More on traffic stops and the Illinois Supreme Court By Helen W. Gunnarsson January 2004 Lawpulse, Page 10 Here's a summary of two opinions that came down after last month's Journal article on the Illinois Supreme Court's recent interpretation of the Terry doctrine went to press.
Motion to vacate judgment is not a new action entitling litigants to a substitution of judge as of right. January 2004 Illinois Law Update, Page 16 On October 29, 2003, the Appellate Court of Illinois, Fifth District, affirmed the judgment of the Circuit Court of Fayette County denying the defendants' motion for substitution of judge.
N/A July 2004 Illinois Law Update, Page 340 The Department has also adopted amendments, effective April 1, 2004, to 17 Ill Adm Code 170 regarding the collection of firewood in state forests. 
New Adoption of Utility Standards January 2004 Illinois Law Update, Page 16 Pursuant to federal regulations at 7 CFR 273.9(d)(6)(iii)(A) and to help reduce food stamp errors in housing expenses, the Illinois Department of Human Services amended 89 Ill. Adm. Code 121.
New documentation requirements under the Animal Welfare Act December 2004 Illinois Law Update, Page 620 The Illinois Department of Agriculture recently adopted 8 Ill Adm Code 25. These changes became effective on October 1, 2004. 
New Duties for Deaf and Hard of Hearing Commission P.A. 093-0647 May 2004 Illinois Law Update, Page 242 The Deaf and Hard of Hearing Commission is a coordinating and advocating body acting on behalf of the interests of persons in Illinois who are deaf or hard of hearing, including children, adults, senior citizens, and those with any additional disability.
New interstate child-custody statute for the New Year By Helen W. Gunnarsson February 2004 Lawpulse, Page 62 If your practice includes family law, familiarize yourself with the newly effective Illinois Uniform Child Custody Jurisdiction Enforcement Act.
New law makes it easier to investigate workplace misconduct By Helen W. Gunnarsson January 2004 Lawpulse, Page 10 Employers are no longer required to get an alleged wrongdoer's consent to hire an outside firm to conduct an investigation of alleged misconduct on the job.
New Laws Criminalize Possession of Materials Used to Make Identification Cards P.A. 93-0667 June 2004 Illinois Law Update, Page 292 Effective immediately, it is a violation of the Illinois Identification Card Act to possess, use, or allow to be used any materials, hardware, or software specifically designed for or primarily used in the manufacture, assembly, issuance, or authentication of an official Illinois Identification Card or Illinois Disabled Person Identification Card issued by the Secretary of State.
A New Look for Closings Comes to Local Title Offices By James K. Weston January 2004 Article, Page 43 A new law allows a title insurance company to file a certificate of release for any paid-off mortgage.
New regulations regarding the registration of Internet auction listing services December 2004 Illinois Law Update, Page 620 The Department of Financial and Professional Regulation recently added subsections 1440.400–480 to 68 Ill Adm Code 1440. 
New rule mandates expedited custody appeals By Helen W. Gunnarsson May 2004 Lawpulse, Page 236 Amended Supreme Court Rule 306A is designed to ensure quicker resolution of child custody cases. But how will it work in practice?
New Small Estate, Anti-Lapse, Health POA Provisions By David Berek November 2004 Column, Page 601 A summary of three new estate-planning laws.
New weapons for child-support collection By Helen W. Gunnarsson September 2004 Lawpulse, Page 450 Freshly passed bills promise to make child-support collection a little easier, and maybe a little less expensive.
A new, higher limit for small-estate affidavits By Helen W. Gunnarsson October 2004 Lawpulse, Page 508 The ceiling for small estate affidavits has doubled from $50,000 to $100,000. But will it make the well-meaning people who serve as affiants more attractive targets for lawsuits?
The New, Narrower Illinois Grandparent Visitation Statute By Michael K. Goldberg November 2004 Article, Page 578 The legislature takes another crack at grandparent visitation.
No co-pay required for public aid recipients to receive generic drugs P.A. 093-0593 January 2004 Illinois Law Update, Page 16 Effective immediately, the Department of Public Aid may not require those receiving public aid assistance from the state to make a co-payment if they receive generic prescription drugs.
No credit for child-support overpayment By Helen W. Gunnarsson November 2004 Lawpulse, Page 562 The bottom line for obligors – pay what you owe and not a penny more, and keep track of what you pay.
No police "eavesdropping" on sexual predators; even in cyberspace? By Helen W. Gunnarsson May 2004 Lawpulse, Page 236 The Illinois eavesdropping statute's prohibition against taping with only one party's consent hampers legitimate law enforcement, a legal scholar opines.
"No" to compulsory DUI blood tests By Helen W. Gunnarsson April 2004 Lawpulse, Page 170 A second district case holds that nonconsensual, non-treatment-related blood and urine tests are inadmissible in DUI trials.
The Occasional Litigator's Guide to Making the Most of Pleadings and Motions By Patrick M. Kinnally August 2004 Article, Page 414 Did you know you can win a motion but damage your case in the process? Here's advice on using pleadings wisely.
Of Pandas and Punctuation By Maureen B. Collins July 2004 Column, Page 371 These books and Web sites make mastering grammar…well, if not fun, at least less painful.
Offenders May Participate in State's Attorney's Bad Check Diversion Programs as an Alternative to Prosecution; P.A. 093-0394 February 2004 Illinois Law Update, Page 70 State's attorneys may create bad check diversion programs within their offices, which would allow qualified offenders to participate in the program instead of being prosecuted for the offense. 
Officer went beyond permissible scope of a traffic stop for following too closely when, after he had already issued a traffic citation, he further investigated and conducted a vehicle search. January 2004 Illinois Law Update, Page 16 On October 29, 2003, the Appellate Court of Illinois, Fourth District, reversed the Circuit Court of Douglas County's denial of the defendant's motion to suppress and remanded for further proceedings.
On the Stump at the South Suburban Bar By Terrence J. Lavin February 2004 Column, Page 60 The life of your bar president is chockablock with speeches, bar meetings, award ceremonies, and dinner banquets.
Only those student loan payments which are "reasonable and necessary expenses for the production of income" are deductible when calculating net income for child support purposes April 2004 Illinois Law Update, Page 176 On January 28, 2004, the Appellate Court of Illinois, Fifth District, affirmed in part the order of the Circuit Court of Montgomery County modifying the child support obligor's support obligation, reversed in part and remanded for further proceedings. 
The Open and Obvious Doctrine and Landowner Liability: The Rule and the Exceptions By Jennifer E. Simms July 2004 Article, Page 352 A discussion of the doctrine, its exception, and its applicability to children.
Order in the Court (and in Your Sentences) By Maureen B. Collins August 2004 Column, Page 435 Don't let convoluted word order tangle your sentences.
Out-of-state lawyers OK'd for Illinois arbitrations By Helen W. Gunnarsson April 2004 Lawpulse, Page 170 The first district holds that lawyers who aren't licensed in Illinois can nonetheless represent clients in Illinois-based arbitrations.
Outsourcing Law Office Management to an Expert By Paul Sullivan June 2004 Column, Page 317 You're a lawyer, not a manager. Why not free yourself to practice law by turning over office administration to an expert?