2024 Articles

Illinois earned income tax credit increased to 20 percent of the federal credit; eligibility extended to certain individuals without dependents and those without Social Security numbers

April
2024
Illinois Law Update
, Page 14
The Department of Revenue adopted amendments to the Part titled Income Tax. The Illinois earned income tax credit has been increased to 20 percent of the federal earned income tax credit for each taxable year beginning on or after Jan. 1, 2023.

Income eligibility threshold increased for medical assistance for children under 19; Parts repealed

February
2024
Illinois Law Update
, Page 14
 The Department of Healthcare and Family Services adopted amendments to its Medical Assistance Programs. The countable monthly income eligibility threshold for children under age 19 to receive medical assistance is now raised from 133 percent to 313 percent of the federal poverty level.

Information from automated license plate readers cannot be shared with state or local jurisdictions to enforce laws that deny reproductive care or permit investigation of persons based on immigration status

May
2024
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Illinois Vehicle Code. An automated license plate reader (ALPR) is an electronic device that can record data or take a photograph of a vehicle or its license plate and compare the collected data to existing law enforcement databases for investigative purposes.

Instant Karma

By Robert S. Held
April
2024
Article
, Page 26
A fiduciary relationship is created when a power of attorney is signed.
1 comment (Most recent April 12, 2024)

Joining the AI Revolution

By Pete Sherman
April
2024
LawPulse
, Page 10
ISBA creates Standing Committee on Artificial Intelligence and the Practice of Law.

Judges may consider additional factors in determining criminal prosecution of a minor; mitigating factors for minors’ sentencings

April
2024
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Juvenile Court Act of 1987. The amendments added new evaluation criteria for judges to determine whether a minor 15 years or older shall be criminally prosecuted or is amenable to the care, treatment, and programs of juvenile court.

Judgment notwithstanding the verdict is proper when jury’s answer on a special interrogatory is inconsistent with its verdict

January
2024
Illinois Law Update
, Page 16
On Oct. 19, 2023, the Illinois Supreme Court held that a judgment notwithstanding the verdict is proper when a jury’s answer to a special interrogatory is inconsistent with its general verdict.

A Key Piece to the Puzzle

By Amelia Buragas
January
2024
LawPulse
, Page 10
As the Illinois Supreme Court eyes access to justice, it establishes a committee to ponder the practicalities of where lawyers fit in.

Law enforcement may not stop or search motor vehicles where objects placed or suspended between the driver and front windshield materially obstruct the driver’s view

March
2024
Illinois Law Update
, Page 18
The Illinois General Assembly amended the Illinois Vehicle Code. Under the Code, drivers are prohibited from operating a motor vehicle where any object placed or suspended between the driver and front windshield materially obstructs their view.

Lawyer as Peacemaker

By Patrick G. King
March
2024
Article
, Page 38
The hidden role of peacemaker in the Preamble to the Illinois Rules of Professional Conduct.
1 comment (Most recent March 3, 2024)

Licensed Lawyers: The Next Generation

By Pete Sherman
May
2024
LawPulse
, Page 12
As states adopt the NextGen bar exam, some also revist alternative pathways for earning a law license.

Lifting Each Other Up

By Shawn S. Kasserman & Dr. Diana Uchiyama
May
2024
Column
, Page 8
The Illinois Lawyers’ Assistance Program provides a lifeline to those in need of mental health and substance use support.

The Limitless Uses of Limited Scope

By Ed Finkel
January
2024
Cover Story
, Page 18
An overview of a two-part ISBA webinar that provides practitioners with the ins-and-outs of limited scope representation.

Lots to Celebrate … and Do

By Ryan P. Theriault
January
2024
Column
, Page 46
Riding the momentum of a great 2023 into the new year.

Multiple-occupancy restrooms may be designated for use by persons of any gender; requirements added for all-gender restrooms

January
2024
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Equitable Restrooms Act. Any multiple-occupancy restroom (i.e., restrooms intended for simultaneous use by two or more individuals) may be identified as all-gender multiple occupancy restrooms and designated for use by persons of any gender.

Music venues must maintain opioid antagonists on premises

February
2024
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Liquor Control Act of 1934. Any liquor license holder (licensee) operating a music venue must now have opioid antagonists and a person trained in administering opioid antagonists on their premises during operations.

No abuse of discretion where trial court denies pretrial release in compliance with Code of Criminal Procedure

February
2024
Illinois Law Update
, Page 14
On Nov. 17, 2023, the Fourth District of the Illinois Appellate Court held that there is no abuse of discretion when trial courts comply with requirements of the Illinois Code of Criminal Procedure and make findings based upon the record.

No relief due when attorney fails to timely refile complaint when mistake exists in initial last-minute filing

February
2024
Illinois Law Update
, Page 14
On Nov. 7, 2023, the Second District of the Illinois Appellate Court held that no relief is due when an attorney fails to timely refile a rejected complaint and no mitigating reason exists to account for a mistake in that attorney’s initial last-minute filing.

On the Road Again

By Jeffrey S. Krause & Jeffrey R. Schoenberger
March
2024
Column
, Page 42
Set yourself up for success at your next conference.

Our Responsibility

By Shawn S. Kasserman
February
2024
Column
, Page 8
Keeping alive the spirit and aspirations of the ISBA Assembly’s June 2020 resolution concerning racial justice.
1 comment (Most recent February 9, 2024)

Out-of-state drop service in an individual’s general vicinity can constitute in-person service

March
2024
Illinois Law Update
, Page 18
On Nov. 20, 2023, the Fifth District of the Illinois Appellate Court held that out-of-state drop service in an individual’s general vicinity can constitute in-person service consistent with section 2-208 of the Illinois Code of Civil Procedure.

Parties alleging the Federal Arbitration Act preempts the Nursing Home Care Act must show that the governing contract evidences a transaction involving commerce

May
2024
Illinois Law Update
, Page 16
On Feb. 13, 2024, the Fourth District of the Illinois Appellate Court held that parties alleging the Federal Arbitration Act (FAA) preempts the Nursing Home Care Act (NHCA) must prove that the governing contract evidences a transaction involving commerce.

Passkeys and Other Security Advances

By Jeffrey R. Schoenberger
May
2024
Column
, Page 40
Advancing security protections step by step.

Pension fund need not pay a former firefighter’s nonduty disability if the pension fund is not from the firefighter’s last employer

May
2024
Illinois Law Update
, Page 16
On Feb. 9, 2024, the First District of the Illinois Appellate Court held that the last pension fund a firefighter participated in is not required to pay a nonduty disability pension if the firefighter joined the fire department voluntarily and had not yet accrued seven years of creditable service with that fire department at the time the firefighter resigned.

Petition to review denial of a firearm owner’s identification card properly denied when plaintiff has criminal history and fails to exhibit responsibility concerning statutory requirements

March
2024
Illinois Law Update
, Page 18
On Nov. 28, 2023, the Second District of the Illinois Appellate Court held that a petition to review the denial of a Firearm Owners Identification (FOID) card was properly denied when the plaintiff had an arrest and conviction history and failed to exhibit responsibility concerning the FOID Card Act’s requirements.

Pipes and plumbing fixtures that provide water for human consumption must be certified lead-free; new requirements for testing and monitoring copper and lead in tap and source water

February
2024
Illinois Law Update
, Page 14
The Pollution Control Board adopted amendments to its Primary Drinking Water Standards to remain in compliance with the U.S. Environmental Protection Agency. The rulemaking added new standards for manufacturing or installing pipes, plumbing fittings, and other fixtures.

Plaintiff who unknowingly files lawsuit against deceased defendant may move to appoint special representative to defend

January
2024
Illinois Law Update
, Page 16
On Oct. 26, 2023, the Illinois Supreme Court held that a plaintiff who unknowingly files a lawsuit against a deceased defendant may move to appoint a special representative to defend the lawsuit.

Postconviction counsel’s failure to file an Illinois Supreme Court Rule 651(c) certificate does not necessitate reversal if subsequent counsel complies with the Rule

May
2024
Illinois Law Update
, Page 16
On Feb. 8, 2024, the Fifth District of the Illinois Appellate Court held that a postconviction counsel’s failure to comply with Illinois Supreme Court Rule 651(c) does not require reversal when subsequent postconviction counsel complies with the Rule.

Practicing in a New World

By Morgan B. Handwerker
February
2024
Article
, Page 26
How generative AI is transforming the legal landscape.

Public libraries must adopt policies against removal of library materials due to disapproval from individuals or groups

April
2024
Illinois Law Update
, Page 14
The Secretary of State adopted amendments to the Illinois State Library Grant Programs, requiring public libraries to implement policies restricting removal of materials due to disapproval from individuals or groups.