Publications

Illinois Bar Journal
Articles From 2010

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Penalties enhanced for uninsured motorists who harm another person. PA 096-0143 June 2010 Illinois Law Update, Page 292 Motorists without automobile insurance who harm another person could face nearly one year in prison under a new law passed last year by the Illinois General Assembly. 
Penalties for unreasonable obstruction of parking place for disabled. PA 096-1125 December 2010 Illinois Law Update, Page 616 The Illinois Vehicle Code has been amended to hold property owners liable for unreasonable obstruction of designated aisles or parking spaces specifically reserved for persons with disabilities. 625 ILCS 5/11-1301.8.
Penalties stiffened for animal and dog fighting. PA 096-0226 February 2010 Illinois Law Update, Page 72 Illinois lawmakers in recent months stiffened penalties for activities associated with animal and dog fighting. 
Penalties stiffened for drunken supervisors of minors driving vehicles. PA 096-1237 November 2010 Illinois Law Update, Page 564 Supervisors of minors driving with instruction permits are now subject to stricter penalties if they use alcohol or drugs while accompanying or instructing the minors. (625 ILCS 5/11-507)  
Penalty and sale delays for mobile homes in disaster areas. PA 096-1211 December 2010 Illinois Law Update, Page 616 Those who own mobile homes in declared disaster areas are now provided a delay of penalties and sale by the Illinois General Assembly. 35 ILCS 515/9.3.
Personal Liability of an Executor or Trustee - Time for a Change By Timothy L. Bertschy March 2010 Article, Page 140 Illinois' common law too often makes estate and trust executors and trustees personally liable to third parties, the author argues.
The POA Act amendment that wasn’t By Helen W. Gunnarsson May 2010 Lawpulse, Page 230 Have you gotten that press release saying the Illinois Department of Public Health has "mandated new language" for healthcare POAs? Well, it hasn't.
Police may confiscate parking passes for disabled if used improperly. PA 96-0072 April 2010 Illinois Law Update, Page 180 Under amendments to the Illinois Vehicle Code, a vehicle parking pass for a person with a disability may only be used by the authorized holder. 625 ILCS 5/11-1301.2.
POWs receive free admission to museums. PA 096-0087 August 2010 Illinois Law Update, Page 400 State lawmakers amended the Historic Preservation Agency Act to provide free admission to museums that receive state funding for former prisoners of war who are residents of Illinois. (20 ILCS 3405/27). 
The preclusive effect of summary suspension hearings in subsequent adjudication December 2010 Illinois Law Update, Page 616 On September 23, 2010, the Supreme Court of Illinois held that the Circuit Court of Champaign County's finding of probable cause at the hearing on plaintiff's petition to rescind his statutory summary suspension, pursuant to 625 ILCS 5/2-118.1, did not bar the issue of probable cause from re-litigation in a civil suit for malicious prosecution.
Prior sexual activity or reputation evidence generally not admissible in civil trials. PA 096-0307 May 2010 Illinois Law Update, Page 236 New amendments to the Code of Civil Procedure clarify that evidence to prove a victim's prior sexual behavior or reputation is generally not admissible in a civil trial. 735 ILCS 5/8-2801.
Private sewage disposal restricted. PA 096-0801. March 2010 Illinois Law Update, Page 128 Illinois lawmakers amended the Private Sewage Disposal Licensing Act by adding a new provision that will take effect on January 1, 2013. 
Procedures for sterilization of a ward. PA 096-0272 August 2010 Illinois Law Update, Page 400 The Probate Act of 1975 now provides guidelines regarding consent by guardians for the sterilization of a ward. (755 ILCS 5/11a-17.1). 
Proposed Medicaid transfer limits unfair to elderly, council says By Helen W. Gunnarsson December 2010 Lawpulse, Page 610 Proposed restrictions on asset transfers, designed to make Medicaid eligibility harder to get for nursing home residents, are unduly harsh, some ISBA lawyers say.
Protecting Clients’ Trade Secrets: A General Practitioner’s Guide By J. Joseph McCoy June 2010 Article, Page 300 "Trade secrets" can be nearly any type of valuable information, and clients may need your help identifying and protecting them. Here's how.
Protections extended to elementary and secondary schools. PA 096-0807 March 2010 Illinois Law Update, Page 128 The Illinois General Assembly has amended the Criminal Code of 1961 (Code) to provide for stiffer penalties for those who commit crimes on school property. 
Provena loses its charitable property tax exemption By Helen W. Gunnarsson May 2010 Lawpulse, Page 230 A hospital that gives away less than one percent of its annual revenue in free patient care doesn't qualify for a charitable property tax exemption, the Illinois Supreme Court holds.
Putting the “hearing” in public hearings By Helen W. Gunnarsson December 2010 Lawpulse, Page 610 A lawyer's testimony in the supreme court committee hearing on the new evidence rules produces results.
Raising the bar for involuntary commitment in Illinois By Helen W. Gunnarsson October 2010 Lawpulse, Page 502 A new statute responds to a supreme court ruling that found Illinois' low standard for involuntary commitment under Illinois's Mental Health and Developmental Disabilities Code constitutionally infirm.
Read the letters to the Editor March 2010 Column, Page 118 Distracted Drivers
Real estate lawyers: beware short-sale fee agreements By Helen W. Gunnarsson August 2010 Lawpulse, Page 394 A proposed fee arrangement presented to a lawyer by a short sale negotiator raises red flags for a veteran real estate practitioner.
Real Ethics and Courtesy for Divorce Lawyers By H. Joseph Gitlin January 2010 Column, Page 52 Not all ethical rules appear in the Rules of Professional Conduct.
Recipe or Disaster? Checklists Can Help By Hon. Ron Spears May 2010 Column, Page 268 Checklists can help us reduce avoidable errors.
Recruiting minors into street gangs now a felony. PA 096-0199 January 2010 Illinois Law Update, Page 16 Recruiting minors into street gangs is now a Class 1 felony, under recent amendments to the Criminal Code of 1961. 
Red Light Cameras: Innocent But Guilty By Professor Jeffrey A. Parness March 2010 Column, Page 158 Learn about the losing battle to challenge automated traffic enforcement.
Refuse the Bequest or Lose the Will Contest: The Unforgiving Doctrine of Election By Robert S. Held July 2010 Article, Page 374 Beneficiaries who accept even a small bequest can be estopped from later challenging the will - and the principle applies to trusts, too.
Reinstatement of real estate license. PA 096-0989 September 2010 Illinois Law Update, Page 452 The Real Estate License Act has been amended to enable managing broker licensees, brokers, and leasing agents more flexibility in renewing their license. (225 ILCS 454/5-50) 
Requirements for training, use of anesthesia in dental procedures strengthened August 2010 Illinois Law Update, Page 400 The Department of Financial and Professional Regulation recently amended regulations that create enforcement mechanisms for several sections of the Illinois Dental Practice Act, 225 ILCS 25/1 et seq.
Restrictions on use of phosphorus-containing fertilizers. PA 096-1005 September 2010 Illinois Law Update, Page 452 The Illinois General Assembly has placed restrictions on the use of phosphorus-containing fertilizers on the lawn of Illinois Residents. (415 ILCS 65/2).
Retail theft penalties adjusted. PA 096-1301 December 2010 Illinois Law Update, Page 616  Penalties for theft have been adjusted by Illinois lawmakers to increase the value of property covered by minimum misdemeanor and felony sentencing. 720 ILCS 5/16-1.