2023 Articles

How the People Have Spoken

By Jesse Bowman
January
2023
Column
, Page 42
Tracing statewide ballot initiatives and the intentions behind them.

How to Keep Those Plates Spinning

By Ed Finkel
January
2023
Cover Story
, Page 18
Two new ISBA CLE programs offer a wealth of time-management and productivity tips for starting the new year off strong.

Illinois Attorneys Roll On

By Pete Sherman
June
2023
LawPulse
, Page 12
The ARDC’s 2022 Annual Report hints that its Master Roll and investigation numbers are returning to trends in line with pre-COVID-19 years.

The Illinois Disciplinary Year in Review: 2022 Edition

By Charles J. Northrup
January
2023
Column
, Page 44
A review of the Attorney Registration and Disciplinary Commission’s disciplinary data and cases from 2022.

Illinois judicial committees help to usher in the SAFE-T Act era.

By Amelia Buragas
October
2023
LawPulse
, Page 10
Illinois attorneys begin preparing for the end of cash bail.

Illinois law enforcement agencies must now file annual reports for seized property and forfeiture proceeds

August
2023
Illinois Law Update
, Page 14
The Illinois State Police (ISP) adopted a new Part titled Seizure and Forfeiture Reporting Act Procedures, which requires Illinois law enforcement to file annual reports documenting seized property, forfeiture proceeds, disbursements, and expenditures.

Illinois law enforcement agencies now required to report all responses to mental health crises or incidents

August
2023
Illinois Law Update
, Page 14
The Illinois State Police (ISP) adopted amendments to the Part titled Uniform Crime Reporting, formerly titled Use of Force Reporting. Illinois law enforcement agencies must now report to the ISP all dispatches directing them to respond to an individual suffering from a mental health crisis or incident.

Illinois may exercise personal jurisdiction over a South Korean-based company that sold batteries in Illinois that exploded in a vape pen 

June
2023
Illinois Law Update
, Page 16
On March 28, 2023, the First District of the Illinois Appellate Court held that Illinois may exercise personal jurisdiction over LG Chem (LG), a South Korean company, for a claim involving batteries LG sold in Illinois.

Illinois State Police to implement protective services for state facilities, officials, and employees

September
2023
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Illinois State Police Law of the Civil Administrative Code. The Illinois State Police now has the right, power, and duty to implement protective services for state facilities, officials, and employees serving in their official capacities.

The Illinois-Federal Foreclosure Split

By Morgan I. Marcus
October
2023
Article
, Page 36
In personam deficiency judgments, mandatory versus discretionary, and other practical considerations.

Impermissible purposes for disciplinary or nondisciplinary measures against physicians added to the Medical Practice Act of 1987

May
2023
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Medical Practice Act of 1987. The amendment provides that the Illinois Department of Public Health may not take any action against a physician regarding their license or permit to practice for the following reasons:

Importance of Video Evidence

August
2023
Article
, Page 12
Video footage helps overturn summary judgment in premises liability case.

In Defense of Rejected Proposals

By Gino L. DiVito
June
2023
Article
, Page 40
A former member of the Illinois Supreme Court Committee on Illinois Evidence reviews its 2013 proposals for rules of evidence not adopted by the Supreme Court.

Individual’s disability pension substituted for age-related retirement pension is subject to division by marital settlement agreement

February
2023
Illinois Law Update
, Page 16
On Nov. 9, 2022, the Second District of the Illinois Appellate Court held an individual’s disability benefits received in lieu of retirement benefits were divisible under his marital settlement agreement with his former spouse.

Insurance company has no duty to defend or indemnify in its insured’s derivative suit when judgment already issued in prior case; res judicata and collateral estoppel apply

November
2023
Illinois Law Update
, Page 18
On Aug. 14, 2023, the Third District of the Illinois Appellate Court held that an insurance company had no duty to defend or indemnify its policyholder in a derivative suit where the insurance company was found to have no duty to defend in a previous case arising from the same transaction.

The Insurer-Insured Privilege

By Scott O. Reed
August
2023
Article
, Page 32
Unusual among American jurisdictions, Illinois courts recognize a privilege for statements an insured gives to its insurer, even without an attorney present. But this privilege is not absolute.

Insurers owe no duty to defend insured when underlying action does not constitute an “occurrence” as defined by their policy

December
2023
Illinois Law Update
, Page 16
On Aug. 30, 2023, the First District of the Illinois Appellate Court held insurance companies are not required to defend an insured when the alleged conduct does not constitute an “occurrence” as defined by their policies.

An irrevocable trust may only be modified if the changes are consistent with the trust’s material purpose

September
2023
Illinois Law Update
, Page 16
On June 30, 2023, the First District of the Illinois Appellate Court held that an irrevocable trust may be modified if the changes are consistent with the trust’s material purpose.

It Either Is or Isn’t

November
2023
Article
, Page 14
Determining what constitutes a de facto marriage.

It’s All About Access—and Innovation

By Rory T. Weiler
April
2023
Column
, Page 10
The ISBA and access-to-justice barriers in Illinois’ rural and urban areas.

It’s May

By Rory T. Weiler
May
2023
Column
, Page 8
Celebrating trailblazing female attorneys of the past and present.

It’s Not Really Magic. It Just Works.

By Joe Scally
June
2023
Column
, Page 50
How to channel your inner Ted Lasso.

Judgment Revivals: The Seven-Year Itch

By Mike Starzec
October
2023
Article
, Page 32
The constitutional implications of amendments to the Revival Act.

Judicious Politics

By Amelia Buragas
December
2023
LawPulse
, Page 10
Candidates running for the bench are strongly advised to read the Illinois Judicial Ethics Committee’s revised list of frequently asked questions.

Juror substitution was plain error where alternate juror was substituted after deliberations began and not questioned about outside influences upon returning to the jury

February
2023
Illinois Law Update
, Page 16
On Nov. 14, the Fifth District of the Illinois Appellate Court held that substituting a juror after deliberations already started was plain error.

Juvenile Sentencing at the Crossroads

By E. Kate Cohn
March
2023
Article
, Page 34
Illinois’ interpretation of Miller v. Alabama, and the representation of youthful offenders.

Knowledge of firearm’s defacement required for conviction of possession of defaced firearm

August
2023
Illinois Law Update
, Page 14
On May 18, 2023, the Illinois Supreme Court held that knowledge of a firearm’s defacement is required to convict defendants of possession of a defaced firearm.

A Labor of Love

By Rory T. Weiler
June
2023
Column
, Page 10
The 146th president of the ISBA recounts his travels throughout Illinois and signs off as he completes his term.

Landlords cannot require residents to remit rental payments by means of an electronic transfer

October
2023
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Landlord and Tenant Act. A landlord cannot require a tenant or prospective tenant to pay any amount due to the landlord under a residential lease, renewal, or extension agreement by means of an electronic funds transfer.

Learning From Experience

By Ed Finkel
July
2023
Cover Story
, Page 18
New ISBA President Shawn S. Kasserman overcame adversity, helps others do the same.