New consular notice rule on court’s agenda

A proposed Illinois Supreme Court Rule 404 on Consular Notification for Foreign Nationals will be discussed during a public hearing at 10 a.m. Monday, Jan. 26, in room C-500 of the Michael A. Bilandic Building, 160 N. LaSalle, Chicago.

The rule would provide that at an initial appearance in a felony case, a circuit court must advise a foreign national defendant in open court of certain rights.

They include the right to have notice of an arrest or detention given to consular representatives of the defendant’s country, and the right to communicate with consular representatives.

The court must make a written record when a defendant is so advised, but the proposed rule creates no judicial remedy for violation of consular notification or communication rights.

The proposal is consistent with Article 36 of the Vienna Convention on Consular Relations, which requires that a foreign national should be informed of those rights without delay.

Also on the Illinois Supreme Court Rules Committee hearing agenda are two other proposals.

08-02 (PR 0161): Amends Supreme Court Rule 306 and retitles it “Interlocutory Appeals by Permission.” Portions of Rules 306A, 307, 308, 311, 901 and 922 are affected.

New paragraph (d) on Notice of Submissions to the Court provides that materials submitted less than seven days before a hearing or trial must be provided to all opposing attorneys or parties.

08-04 (PR 0163): Amends Supreme Court Rule 11 on Manner of Serving Papers Other Than Process and Complaint on Parties Not in Default in the Trial and Reviewing Court.

The complete texts of the proposals may be viewed at www.state.il.us/court by scrolling down to “Legal Community” and clicking on “Supreme Court Rules Committee Public Hearings.”

Proposals also may be obtained by mail by contacting Paul Dismukes by phone at (312) 793-7275 or by fax at (312) 793-0775.

Persons wishing to testify at the hearing should advise the committee in writing no later than Monday, Jan. 19 to:

Supreme Court Rules Committee, Administrative Office of the Illinois Courts, 13th Floor, 222 N. LaSalle St., Chicago, Ill. 60601.