2024 Articles

Publicly owned, paved bicycle trails must have signs warning cyclists and pedestrians of highway crossings and other dangerous conditions

May
2024
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Illinois Vehicle Code. Any authority with maintenance jurisdiction over a publicly owned, paved bicycle trail must erect permanent regulatory or warning signage that alerts pedestrians or cyclists to highway crossings.

Ready to Lead?

By Sonni Williams
January
2024
Column
, Page 9
Nominate yourself for an ISBA committee or section council.

Rebuttable presumption for child victims under 13 to testify outside of the courtroom

April
2024
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Code of Criminal Procedure of 1963. The amendment establishes a rebuttable presumption that child victims under the age of 13 shall testify outside of the courtroom and the testimony shall be shown via closed-circuit television (CCTV).

A Refined Way To Protect Noncitizen Workers

By Sebastian Wright Garcia
March
2024
Article
, Page 30
The U.S. Department of Homeland Security and the U.S. Department of Labor join forces to protect undocumented witnesses in labor investigations.

Remote Opportunities

By Ed Finkel
May
2024
Cover Story
, Page 20
Can remote court and legal services help increase access to justice?

Restaurant or retailer may fill or refill clean consumer-owned containers with dry or ready-to-eat foods

January
2024
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Illinois Food, Drug, and Cosmetic Act. The Act now allows restaurants and consumers to fill or refill consumer-owned containers with bulk food.

SAFE-T Act forbids reimposing monetary bonds for pretrial release unless defendant accepts original bond terms

March
2024
Illinois Law Update
, Page 18
On Nov. 21, 2023, the Fifth District of the Illinois Appellate Court held that the Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act forbids reimposing monetary bond for pretrial release unless the defendant accepts monetary bond as part of their original bond terms.

The Science, Technology, and Innovation President

By Ron Spears
February
2024
Column
, Page 44
Abraham Lincoln’s curiosity and interest in science and technology advanced the nation.

“Searching” for an Answer

By Christian Ketter
May
2024
Article
, Page 34
With the click of a key fob, should the U.S. Supreme Court expand criminal procedure’s binary analysis?

Sentencing provision does not change classification of intentional homicide of an unborn child to murder

January
2024
Illinois Law Update
, Page 16
On Oct. 19, 2023, the Illinois Supreme Court held sentencing provision section 9-1.2(d) of the Criminal Code of 1961 does not change the classification of intentional homicide of an unborn child to murder.

Seven for iOS 17

By Jeffrey R. Schoenberger
January
2024
Column
, Page 40
What’s new in Apple’s latest iPhone software.

Social Service

By Jessica A. Pullen
April
2024
Article
, Page 22
Practical guidance for, and challenges raised by, the amendment to Illinois Supreme Court Rule 102 allowing service via social media, text message, and email.

Sovereign immunity does not protect state officers when their conduct violates constitutional law and a plaintiff seeks damages for more than a past wrong

February
2024
Illinois Law Update
, Page 14
On Nov. 15, 2023, the Third District of the Illinois Appellate Court held sovereign immunity does not protect state officers when their conduct is unconstitutional and plaintiffs seek more than damages for past wrongs under the officer-suit exception.

Springing Into Change

By Ryan P. Theriault
April
2024
Column
, Page 46
The Illinois Bar Foundation continues to support a wide range of attorneys and attorneys to be.

State must file petition requesting the denial of pretrial release at defendant’s first appearance before a judge or within 21 calendar days after defendant’s arrest and release

May
2024
Illinois Law Update
, Page 16
On Feb. 26, 2024, the Third District of the Illinois Appellate Court held that the state must file a petition requesting the denial of pretrial release at the defendant’s first appearance in front of a judge or within 21 calendar days after the defendant’s arrest and release.

Sticking Around

By Karen Erger
February
2024
Column
, Page 48
In which the amble-aided author makes an appeal for thoughtful support.

The Sun Always Rises

By Shawn S. Kasserman
January
2024
Column
, Page 8
An epiphany received by the author as his mother recovers from emergency brain surgery.

A Swing and a Hit!

By Shawn S. Kasserman
April
2024
Column
, Page 8
On the benefits of taking a break.

Task force created to review eligibility standards for holding public office

March
2024
Illinois Law Update
, Page 18
The Illinois General Assembly amended the Election Code. The amendment establishes the Task Force to Review Eligibility to Hold Public Office, which will review the criminal conduct that currently precludes an individual from holding public office in Illinois and make recommendations regarding what conduct should preclude such ineligibility.

Township officers may now hold positions on nonprofit corporation boards interested in a contract, work, or business of the township

March
2024
Illinois Law Update
, Page 18
The Illinois General Assembly amended the Public Officer Prohibited Activities Act. Township officers may now serve on the board of a nonprofit corporation interested in a contract, work, or business of the township.

Training and continuing education requirements modified to maintain home inspector license

May
2024
Illinois Law Update
, Page 16
The Department of Financial and Professional Regulation adopted several amendments to the Part titled Home Inspector License Act. All home inspectors and home inspector entity licenses expire on November 30 in even-numbered years.

Trial court cannot balance equities when injunctive relief is expressly allowed by a municipal ordinance

April
2024
Illinois Law Update
, Page 14
On Jan. 19, 2024, the Illinois Supreme Court held that a trial court cannot balance the equities when a plaintiff seeks to enforce a municipal ordinance that expressly authorizes injunctive relief.

Trial courts have jurisdiction to hear petitions for orders of protection when alleged abuse occurred primarily outside of Illinois

February
2024
Illinois Law Update
, Page 14
On Nov. 22, 2023, the First District of the Illinois Appellate Court held that a trial court has jurisdiction under the Illinois Domestic Violence Act to hear a petition for an order of protection based on alleged abuse occurring outside the state of Illinois.

Trust Issues

By Peter Sullivan
January
2024
Article
, Page 36
In re Parentage of A.H.,and court-created section 503(g) trusts holding assets for future child support payments.

Uninsured motorist policies that limit coverage to vehicle occupants violate section 143a of the Illinois Insurance Code

March
2024
Illinois Law Update
, Page 18
On Nov. 30, 2023, the Illinois Supreme Court held that uninsured motorist policies that limit coverage to vehicle occupants violate section 143a of the Illinois Insurance Code and are unenforceable as a matter of public policy.

Vacation and expungement of criminal record now available to human trafficking victims

April
2024
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Criminal Identification Act. Trafficking victims may now petition for vacation and expungement of their record in addition to immediate sealing of their record.

Verification affidavits not required to be attached to a verified election contest petition or filed within 30-day filing period

February
2024
Illinois Law Update
, Page 14
On Nov. 16, 2023, the Third District of the Illinois Appellate Court held there is no requirement for verification affidavits to be attached to a verified election contest petition or filed within the 30-day filing period under the Election Code.

Vicarious Trauma in the Legal Profession

By Karen Munoz
March
2024
Article
, Page 34
The often-overlooked issue of vicarious trauma among lawyers representing clients in distressing cases.

Waiver of right to counsel invalid if Illinois Supreme Court Rule 401(a) admonishments not administered at the time of waiver

May
2024
Illinois Law Update
, Page 16
On Feb. 5, 2024, the Second District of the Illinois Appellate Court held that Illinois Supreme Court Rule 401(a) admonishments must be administered when a trial court learns the defendant is waiving their right to counsel.

What I Learned From Teaching Trial Advocacy: The Closing Argument

By Gino L. DiVito
February
2024
Article
, Page 36
Part Five of a five-part series.