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Illinois Bar Journal
Articles From 2005

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Searching the passenger compartment of a vehicle is lawful regardless of whether the suspect is arrested on probable cause or on a civil warrant March 2005 Illinois Law Update, Page 116 On December 23, 2004, the Illinois Appellate Court, Fourth District, affirmed the Circuit Court of Adam County's decision denying the defendant's motion to suppress incriminating evidence found in his vehicle during a search incident to his arrest. 
Secondary subcontractor’s mechanic’s lien limited to amount owed to immediate subcontractor December 2005 Illinois Law Update, Page 622 On September 22, 2005, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County granting defendant-owner and contractor's motion for partial summary judgment limiting the amount of the plaintiff's recovery on its mechanic's lien.
Secretary of State given authority to extend vehicle registration and titling program September 2005 Illinois Law Update, Page 446 The Secretary of State has amended Part 1010 of Title 92, 92 Ill Adm Code 1010, effective June 10, 2005. 
Section 1(D)(q) of the Adoption Act violates equal protection June 2005 Illinois Law Update, Page 280 On March 24, 2005, the Illinois Supreme Court held that section 1(D)(q) of the Adoption Act, 750 ILCS 50/1(D)(q), is unconstitutional because it violates equal protection.
Section of the Adoption Act violates Equal Protection October 2005 Illinois Law Update, Page 506 On August 1, 2005, the Illinois Appellate Court, First District, reversed the decision of the Circuit Court of Cook County, terminating the parental rights of the defendant. 
Sellers subsidize closings via HUD-approved programs By Helen W. Gunnarsson March 2005 Lawpulse, Page 110 The Nehemiah and AmeriDream programs allow sellers to pick up closing costs for homebuyers without violating RESPA. But is there a downside to this popular practice?
Sentencing guidelines: mandatory no more By Helen W. Gunnarsson April 2005 Lawpulse, Page 162 The U.S. Supreme Court shook up federal criminal practice by ruling in Booker/Fanfanthat sentencing guidelines are advisory only. Not surprisingly, many questions remain.
Settlement agreements only rescinded by substantial non-performance or material breach November 2005 Illinois Law Update, Page 564 On August 18, 2005, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County denying the plaintiff's motion to reconsider the trial court's decision to vacate a previous judgment. 
The several risks of joint representation By Helen W. Gunnarsson May 2005 Lawpulse, Page 226 What about representing both members of a couple on an estate plan? Two or more partners to a business deal? You can do it – sometimes – if you take the proper steps.
So, does that statute apply to my case? By Helen W. Gunnarsson March 2005 Lawpulse, Page 110 It's often hard to tell exactly when a statute takes effect, but the Illinois Legislative Reference Bureau offers guidance for legislative drafters and practicing lawyers.
Social Security and child support By Helen W. Gunnarsson February 2005 Lawpulse, Page 62 To what extent do benefits constitute income for purposes of determining a parent's child support obligation?
Specific conditions required to deny enrollment for academic or attendance problems PA 093-0803 January 2005 Illinois Law Update, Page 14 Effective immediately, a school or school district may deny enrollment to a student who is 16 years old or older for one semester for failure to meet minimum academic standards if several mandatory conditions are met.
Spoliation of Evidence: Responding to Fire Scene Destruction By Gerald O. Sweeney, Jr. and P. Russell Perdew July 2005 Article, Page 358 A look at the discovery, motion practice, and trial techniques defendants can use in response to destruction of a fire scene.
Stairwell access requirements amended - PA094-0630 October 2005 Illinois Law Update, Page 506 On August 19, 2005, the Public Building Egress Act (425 ILCS 55/1 et seq) (Act) was amended by adding section 1.5, which addresses access to buildings via stairwell doors.
Standing on Shaky Ground By James E. Pfander September 2005 Column, Page 480 While the Illinois Supreme Court's most recent qui tam case is a victory for plaintiffs, it further clouds standing doctrine.
State criminalizes assisting with credit applications when help is contingent on surrendering or placing a child for adoption PA 093-1063 March 2005 Illinois Law Update, Page 116 Effective in June, individuals will not be able to take certain actions that are dependent on a second person taking action with regard to child care arrangements.
State may rely solely on pictures as evidence depicting child pornography August 2005 Illinois Law Update, Page 390 On June 3, 2005, the Illinois Supreme Court affirmed the decisions of the Illinois Appellate Court, Second District, and the Circuit Court of Ogle County, sentencing the defendant to two years of probation on several counts of possession of child pornography. 
State must demonstrate by a preponderance of the evidence that termination of parental rights is in the best interest of the child January 2005 Illinois Law Update, Page 14 On October 21, 2004, the Illinois Supreme Court affirmed the appellate court's determination that the circuit court had applied an incorrect standard of proof in a termination of parental rights proceeding, and remanded the case to the circuit court for a rehearing of the issue under the appropriate preponderance of the evidence standard.
Stepparent income not counted in Temporary Assistance for Needy Families program August 2005 Illinois Law Update, Page 390 Part 112 of Title 89 was amended by the Illinois Department of Human Services (Department), effective May 18, 2005.
Streamlined procedures for handling FOIA requests May 2005 Illinois Law Update, Page 232 The Illinois State Board of Education recently adopted amendments to 2 Ill Adm Code 5001, effective on February 22, 2005. 
Strengthening the Legal-Aid Safety Net By Ole Bly Pace, III March 2005 Column, Page 108 We need to find a way to serve the unmet legal needs of the poor without unfairly burdening solo and small-firm lawyers.
Strict compliance with Supreme Court Rule 605(a) is not mandatory October 2005 Illinois Law Update, Page 506 On August 18, 2005, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, denying the defendant's motion for remand. 
Study will investigate possible small employer health insurance pools PA 093-0824 April 2005 Illinois Law Update, Page 170 Effective immediately, the Comprehensive Health Insurance Plan Board will conduct a feasibility study of establishing a small employer health insurance pool.
Subcontractors beware By Helen W. Gunnarsson March 2005 Lawpulse, Page 110 Many businesses struggle with how to classify the people who work for them – are they employees or independent contractors? This case won't make it easier.
The Substance and Procedure of Class Action Reform By James E. Pfander March 2005 Column, Page 144 Make no mistake – the Federal Class Action Fairness Act will bring sweeping changes.
The supreme court latest UPL case: a mixed blessing By Helen W. Gunnarsson June 2005 Lawpulse, Page 274 The supreme court allows nonlawyer lenders to charge for preparing mortgages but reaffirms that drafting and filling out real estate documents is the practice of law.
Supremes: defendants on the hook for undiscounted medical bills By Helen W. Gunnarsson September 2005 Lawpulse, Page 438 The Illinois Supreme Court upheld the third district's ruling that personal injury defendants may be liable for a plaintiff's original medical bill, not the lower amount negotiated by his or her insurer.
Tax credit expanded under Economic Development for a Growing Economy Tax Credit Act April 2005 Illinois Law Update, Page 170 The Illinois Department of Commerce and Economic Opportunity recently amended 14 Ill Adm Code 527. 
Tax credit program to encourage motion picture industry operation in the State January 2005 Illinois Law Update, Page 14 The Illinois Department of Commerce and Economic Opportunity recently adopted 14 Ill Adm Code 528, effective October 22, 2004.
Tax Issues in Employment Discrimination Settlements By Ralph A. Morris and Heather R.M. Becker December 2005 Article, Page 638 Every lawyer who negotiates an employment discrimination settlement should understand the implications of these tax issues.