The newsletter of the ISBA’s Bench & Bar Section Council
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Newsletter articles from 2003
Beware of the pitfalls of Supreme Court Rule 216
All civil trial attorneys should take time to review the recent cases of Moy v. Ng, 341 Ill.App.3d 984, 793 N.E.2d 919 (1st Dist. 2003) and Montalbano Builders, Inc. v. Rauschenberger, 341 Ill.App.3d 1075, 794 N.E.2d 401 (3rd Dist. 2003) as they apply to requests to admit pursuant to Illinois Supreme Court Rule 216. The two cases illustrate the perils of failure to strictly comply with Rule 216.
Union Planters Bank, N.A. v. FT Mortgage Companies, et al., 341 Ill.App.3d 921794 N.E. 2d 360 (5th Dist. 2003):
People v. Terrell, 5-02-0367 (5th Dist. 6/11/2003) (Chapman, J.). Defendant was acquitted in a bench trial of attempted murder, but convicted of solicitation of murder.
The defendant appealed his conviction on two counts of aggravated criminal sexual assault.
In December 1998, the State sought to terminate the parental rights of respondent parents to their two children.
The defendant was found guilty of driving under the influence of alcohol. On appeal, the defendant contended, inter alia, that it was error to allow the State to introduce evidence that the defendant refused to submit to breath alcohol testing by way of a portable breath test instrument (PBT).
The issue involved both the interpretation and constitutionality of section 2-1117 of the Code of Civil Procedure (735 ILCS 5/2-1117) that modified the common law rule of joint and several liability.
This is my first column as chair of the Bench & Bar Section Council.
This column marks my last as chair of the section council. It has been my honor and pleasure to have served as chair
Section council members have been busy reviewing numerous bills winding their way through the General Assembly, particularly those that affect the courts and the administration of justice.
I take this opportunity to applaud the primary editor of our newsletter, Al Swanson, for a terrific job in putting out issues on a regular basis that bring the news, important case summaries, and other items of interest.
We can all be proud of the activities of our own Bench & Bar Section Council in the past few months. In addition to putting on the December 12th CLE program, we co-sponsored a week-long teaching program November 11-15th on mediation skills for judicial officers
Court costs in civil cases
The Illinois Supreme Court has put the defining word on the issue of recoverable court costs in civil cases.
Evidence advocacy—the judge’s perspective
This is the second part of the article by Justice Warren D. Wolfson (First District Appellate Court). The First installment was published in the November 2002 newsletter.
Illinois Judicial Conference
The following are the remarks of Illinois Supreme Court Chief Justice Mary Ann G. McMorrow delivered to the opening session of the 2003 Annual Illinois Judicial Conference on October 23, 2003.
In memoriam: Randolph R. Spires
The Eleventh Judicial Circuit lost a fine jurist, a dedicated public servant and a good friend when Associate Judge Randolph Spires passed away on February 27, 2003.
The journey from lawyer to judge
When Supreme Court Justice Thomas R. Fitzgerald swore me in as a Judge of the Circuit Court of Cook County in June of 2001, I thought that I knew exactly what to expect, based on more than 20 years of experience as a trial attorney, but the surprises and challenges of judicial service began the very next day.
Judicial general election
The results of the November 5, 2002, general election are now in. Candidates running for judicial office who were elected are listed below with their party affiliation and city of residence.
Judicial retention election
The 1970 Constitution, Article VI, section 12(d), provides that an elected judge may seek to be retained in judicial office upon expiration of the judge's term office.
Letters to the Editor
Editors' Note: From time to time as we receive comments on articles appearing in the Bench & Bar newsletter, we will publish those comments. In our view, this assures the readers of this newsletter that we are open to all views.
A judge "berates and belittles" lawyers in open court. Another is often sarcastic and flippant.