The Illinois Supreme Court issued an amended Rule 138 on June 3. Check out the changes at http://www.state.il.us/court/SupremeCourt/Rules/Amend/2013/060313.pdf
Illinois Supreme Court
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June 10, 2013 |
Practice News
1 comment (Most recent June 13, 2013)
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May 23, 2013 |
Practice News
Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil cases McFatridge v. Madigan, Standard Mutual Insurance Company v. Lay, In re Marriage of Mayfield and In re the Parentage of J.W. and the criminal cases People v. Henderson and In re M.I.
CIVIL
McFatridge v. Madigan
By Karen Kies DeGrand, Donohue Brown Mathewson & Smyth LLC
The State of Illinois need not pick up the litigation tab incurred by an elected state official in defending a civil lawsuit where the claim arises from certain types of misconduct, even if he acts in the scope of employment. Accordingly, the Illinois Supreme Court upheld a circuit court's dismissal of the complaint of Michael McFatridge, a former Edgar County State's Attorney, seeking to force Attorney General Lisa Madigan to approve payment of McFatridge's legal expenses.
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May 22, 2013 |
Practice News
The Supreme Court of Illinois has announced the filing of lawyer disciplinary orders entered during the May Term 2013. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law.
The attached list contains the name of each disciplined lawyer, the address at which the lawyer last practiced, and a brief summary of the misconduct that led to the sanction. The announcement of the orders may be reviewed at the Supreme Court of Illinois website: www.state.il.us/court. Unless otherwise noted, the mandate of discipline issued immediately.
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May 9, 2013 |
Events | Practice News
More than 600 new attorneys were admitted to practice in Illinois on Thursday with Justices of the Illinois Supreme Court presiding and administering the attorney’s oath at five separate locations.
All of the candidates have passed the Illinois state bar examination, an ethics examination, and have been certified by the Committee on Character and Fitness.
The largest group (467) was admitted in the First Judicial District at the Arie Crown Theatre. Illinois Supreme Court Justice Charles E. Freeman presided, with Justices Anne M. Burke and Mary Jane Theis participating.
Appellate Court Justice Maureen E. Connors from the First Judicial District made the motion to admit the class.
The 668 men and women certified as candidates were sworn in as Illinois attorneys at ceremonies in the five Supreme Court judicial districts.
The other ceremonies included:
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May 7, 2013 |
Practice News
More than 600 new attorneys will be admitted to practice in Illinois on Thursday, May 9 with Justices of the Illinois Supreme Court presiding and administering the attorney’s oath at five separate locations.
All of the candidates have passed the Illinois state bar examination, an ethics examination, and have been certified by the Committee on Character and Fitness.
The largest group, 467, will be admitted in the First Judicial District during ceremonies starting at 10:30 a.m. at the Arie Crown Theatre. Illinois Supreme Court Justice Charles E. Freeman will preside, with Justices Anne M. Burke and Mary Jane Theis participating.
Appellate Court Justice Maureen E. Connors from the First Judicial District will make the motion to admit the class.
The 668 men and women were certified as candidates and will be sworn in as Illinois attorneys Thursday at ceremonies in the five Supreme Court judicial districts.
Here are the time and locations of Thursday’s ceremonies:
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April 30, 2013 |
Events
Illinois Supreme Court Chief Justice Thomas L. Kilbride and Justice Robert R. Thomas, McHenry County Chief Judge Michael J. Sullivan, and NIU Law Dean Jennifer L. Rosato cordially invite you to the Illinois Supreme Court Commission on Access to Justice Listening Conference. The conference will be held on Wednesday, May 1, 2013 from 1:30-4:00 p.m. at the Northern Illinois University College of Law (DeKalb, IL) in the Riley Courtroom (Room #170).
The purpose of this conference is to hear from people engaged in the judicial system about problems confronting the poor and vulnerable in our communities and to hear about possible solutions.
Additional speakers/panelists for the conference includeJustice Mary S. Schostok (2nd Judicial District), Patrick M. Kinnally (MCLE Board/Kane County Bar Association), Michele Meyer (Mutual Ground), Mike O’Connor (Prairie State Legal Services), Professor David H. Taylor (NIU College of Law), and Michelle Rock (Director of Illinois Center of Excellence for Behavioral Health and Justice).
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April 28, 2013 |
People
Chief Justice Moses W. Harrison II was a judge and a gentleman. Most of all, he was a friend and a champion of ordinary people. Chief Justice Harrison passed away Thursday, April 25, after a long illness. He was 81.
"My former colleague, friend and mentor Chief Justice Harrison will be remembered as a prominent judge in Illinois legal history not because he was a great man, but because he never lost sight of the common man," said Chief Justice Thomas L. Kilbride "His commitment to equality and fairness went well beyond his simple, succinct, yet superlative opinions. He treated all people in all stations in life with the same kindness, dignity and respect. That fundamental decency guided his work as a judge, and his work guided Illinois law.
"Illinois is a sadder place today because of his death, but it will forever be a better place because of his life."
Justice Harrison was a member of the Illinois judiciary for 29 years; a member of the Illinois Supreme Court for 10 years; and Chief Justice from Jan. 1, 2000 to September 5, 2002, when he retired. His legacy is quite larger.
A Chicago Tribune profile in 1999 described him as "a gentleman rebel, a distinctly gracious man whose convictions are firm and manners mild."
During his tenure on the Supreme Court, he was most known and honored for demonstrating a commitment to justice and human welfare, writing—either for the majority or in dissent—to defend the poor, the weak, the young and the elderly against corporate or government policies which went against their interests.
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April 25, 2013 |
Practice News
CIVIL
Palm v. 2800 Lake Shore Drive Condominium Association
By Michael T. Reagan, Law Offices of Michael T. Reagan, Ottawa
Palm v. 2800 Lake Shore, while nominally about the circumstances in which a condominium unit owner can obtain the records of the condominium association, is fundamentally about whether the section of the Chicago Municipal Code dealing with that subject is a valid exercise of the City’s home rule power. The court also decided that the prevailing plaintiff unit owner, entitled to attorneys fees pursuant to the ordinance allowing recovery of "his reasonable attorney fees," is not limited to the fees actually charged by his attorney, but could recover greater fees at the reasonable market rate established by the evidence. The circuit and appellate courts were affirmed.
The association defendants asserted that the Chicago ordinance conflicted with the Condominium Property Act and the General Not For Profit Corporation Act. The statutes require unit owners to state a proper purpose for obtaining association financial books, limit requests to ten years of records, and allow the association 30 days in which to gather the records. The ordinance does not require statement of a purpose, does not restrict the age of the documents, and requires production with three business days. The parties and the court all agreed that the ordinance conflicted with the statutes.
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April 18, 2013 |
Practice News
Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil case Russell v. SNFA and the criminal cases People v. Domagala, People v. Martinez, People v. Lloyd and People v. Colyar.
CIVIL
Russell v. SNFA
By Alyssa M. Reiter, Williams, Montgomery & John Ltd.
This helicopter-crash case provoked two important long-arm-jurisdiction issues: whether due process protection under the Illinois long-arm statute is greater than federal due process protectionsand whether to apply a narrow or broad version of the stream-of-commerce theory.
Defendant SNFA manufactured a custom tail-rotor bearing in France used in a helicopter manufactured by an Italian company. That manufacturer’s wholly-owned subsidiary located in Pennsylvania sells defendant-produced parts and sells helicopters incorporating defendant’s parts. SNFA knew that the manufacturer incorporated its products into its helicopters for sale in America but did not know the final destination.
SNFA does not have any direct United States customers for its custom-made helicopter parts. SNFA does not have any offices, property, assets or employees in Illinois.
Since 1997, SNFA has sold aerospace bearings to a company located in Rockford. Those bearings are a different model and type from those involved in this case.
A helicopter containing an SNFA part crashed in Illinois.
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April 17, 2013 |
Practice News
Illinois Supreme Court Chief Justice Thomas L. Kilbride announced Wednesday the expansion of an e-project that allows attorneys, parties and appellate justices to view, access and work electronically from the official record of cases on appeal in the Fourth Judicial District.
The Supreme Court has authorized Logan County to allow the electronic transfer of the official court record of cases on appeal filed after July 1, 2013. Logan joins Adams and Moultrie counties in the Fourth Judicial District and 14 other counties that participate in the pilot project.
Since he became Chief Justice in 2010, Justice Kilbride has pledged to make the Illinois courts more user friendly by implementing improvements in technology. Since then, the Supreme Court has opened avenues for e-filing, creating a special E-Business Committee in June 2011; announcing in October 2012 statewide standards and new and amended Supreme Court rules that will allow all courts in Illinois to begin electronic filing in civil cases; and greatly expanding the pilot project that allows the e-filing of the trial record in the Appellate courts.
"Logan County becomes the 17th county in Illinois that will file the trial record on appeal electronically," Chief Justice Kilbride said. "We've come a ways since announcing the first two counties to participate in the pilot project back in 2011.
"We give a big thank you to all who have helped us and the courts make progress."