The Illinois Supreme Court Rules Committee is seeking comment on a proposal to explicitly allow jurors to question witnesses in civil trials.
That proposal, and others, will be aired at a public hearing of the Rules Committee on Friday, May 20 in Chicago.
Anyone wishing to testify at the public hearing should advise the Committee in writing no later than Friday, May 13. Those wishing to offer written comments should submit them by Friday, May 6.
The proposal which would allow jurors to question witnesses would represent a significant change in current Illinois civil trial practice.
Currently, there is no Illinois Supreme Court rule that explicitly authorizes jurors to ask questions in civil trials. Neither is there a rule that explicitly prohibits Illinois judges from permitting the practice. In fact, it rarely occurs in Illinois trials. Proponents of the proposal say that Illinois judges are reluctant to allow juror questioning without guidance from the Illinois Supreme Court. Hence, the discussion whether a new Supreme Court rule is needed.
Those who favor the proposal have stated that more than half of all states and all of the federal circuits permit jurors to submit written questions for witnesses at the discretion of the trial judge.
The proposal before the Rules Committee would also provide Illinois judges with discretion.
This is how the proposed procedure would work:
Illinois Supreme Court
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April 27, 2011 |
Practice News
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April 11, 2011 |
Practice News
The Illinois Supreme Court announced on Monday a special committee to study and formulate proposals to help those facing the loss of their homes and improve the judicial process in mortgage foreclosures throughout Illinois. The proposal was brought to Chief Justice Thomas L. Kilbride and the Supreme Court by Supreme Court Justice Mary Jane Theis, who noted the problem isn’t easing. At the end of 2010, there were approximately 70,000 mortgage foreclosure actions pending in Cook County alone. Chief Justice Kilbride was instrumental in bringing a foreclosure mediation program to Will County and is looking at instituting additional programs in his Third Judicial District across north central Illinois. Cook County has a mediation program that was specifically recognized by the White House at a Washington D.C. conference sponsored by Vice President Joseph Biden’s Middle Class Task Force. “These have been important steps forward for those who are faced with the loss of their homes due to declining home values and our nation’s economic crisis, but the problem isn’t going away,” said Chief Justice Kilbride. “The Supreme Court has a keen interest in programs with the strong promise of achieving timely and lasting resolution to tough problems, and we believe this select Committee can come up with specific solutions to help families cope with the emotional and financial burdens of those facing such a devastating loss.” The Committee consists of 14 persons who have been on the front lines in dealing with the housing crisis, how it affects home-owning families as well as the lenders. They are judges, bankers, lawyers, a law professor and an official from the Illinois Attorney General’s office which has joined the nation’s other attorneys general in probing alleged abuses by lenders in their foreclosure filings “While the economy appears to be making some progress the foreclosure crisis remains a serious societal problem,” said Justice Theis. “It is important that the Court try to do what it can to lend some stability and certitude to what is a financially and emotionally chaotic process. Mortgage foreclosure proceedings in Illinois need to be fair, efficient and final—not subject to later legal challenges. “Many homeowners in foreclosure cases cannot afford to hire a lawyer to represent them. They may not understand the proceedings against them and they don’t know if lenders have taken shortcuts by false documentation. We need to provide protocols that are uniform and exist throughout the state to deal with the explosion of foreclosures that drive down property values and destabilize neighborhoods.”
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April 8, 2011 |
Practice News
Illinois Supreme Court Chief Justice Thomas L. Kilbride has developed a screening process to interview and assess the qualifications of applicants to the position of Circuit Court Judge in the Tenth Judicial Circuit. Request an application at www.state.il.us/court/SupremeCourt/Applications/10thApplicationForm.asp
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March 24, 2011 |
Practice News
The Illinois Supreme Court today released revised Minimum Courtroom Standards for the state's courthouses. The standards were originally adopted in 1993. They concern all details of how a courtroom should be set up, including the height of the judge's bench: The Judge's bench shall be designed such that the judge's eye level, when seated, is higher than any standing participant with the front of the bench 52 inches to 56 inches high and the back riser height 21 inches to 22 inches in height. Click here to read the revised standards.
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March 21, 2011 |
Events
[caption id="attachment_18130" align="alignright" width="150" caption="Chief Justice Thomas L. Kilbride"][/caption] The Illinois State Bar Association and Chicago Bar Association will co-host an all-bar reception to welcome Illinois Supreme Court Chief Justice Thomas L. Kilbride on Wednesday, April 27 at the Standard Club, Grand Ballroom, 320 S. Plymouth. The reception will run from 5-7 p.m. and is complimentary. Justice Kilbride was born in LaSalle. He received a B.A. degree magna cum laude from St. Mary's College in Winona, Minn., in 1978 and his law degree from Antioch School of Law in Washington, D.C., in 1981. Justice Kilbride practiced law for 20 years in Rock Island, engaging in the general practice of law, including appeals, environmental law, labor law, employment matters, and other general civil and criminal matters. He was elected to the Illinois Supreme Court for the Third District in 2000 and became Chief Justice of the Illinois Supreme Court last October. For reservations, send an email to events@chicagobar.org.
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March 1, 2011 |
Practice News
The Illinois Supreme Court has announced the implementation of a mandatory judicial evaluation program for all Circuit and Associate judges in the state as the final part of a series of initiatives to improve public confidence in Illinois courts. The program is designed “for the purpose of achieving excellence in the performance of individual judges and the improvement of the judiciary as a whole,” states Supreme Court Rule 58 which the Court amended Tuesday to establish the program as mandatory. “This is an extremely important step in making a good judiciary even better,” said Illinois Supreme Court Chief Justice Thomas L. Kilbride. “There are more than 900 judges in Illinois and under this program every one who serves at the Circuit Court level will be evaluated by those who appear before them and work with them. This evaluation is for the purpose of enhancing the performance of Illinois judges and improving public confidence in the state’s courts.” The results will be confidential, shared only between the judge and a facilitator, also a judge or retired judge who has been specifically trained in the process. The program will be administered under a contract with the National Center for State Courts and will be monitored by the Supreme Court Judicial Performance Evaluation Committee.
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February 25, 2011 |
Practice News
Our panel of leading appellate attorneys review today's Supreme Court opinions from Civil cases Speed District 802 v. Warning, Ries v. The City of Chicago, Johnston v. Weil, Kaufman v. Schroeder, M.D., LaSalle Bank National Association v. Cypress Creek 1, and Criminal cases People v. Baez and People v. Comage.
CIVIL
Speed District 802 v. Warning
By Alyssa M. Reiter, Williams Montgomery & John Ltd. The reviewing courts have struggled with this case, resulting in a divided Illinois Supreme Court reversing the (divided) appellate court judgment and setting aside a decision of the Illinois Educational Labor Relations Board (“the Board”). At issue was whether the SPEED District 802 (“the District”) violated two sections of the Illinois Educational Labor Relations Act (“the Act”) when it failed to renew the teaching contract of Warning, who was a nontenured probationary teacher. -
February 3, 2011 |
Practice News
Our panel of leading appellate attorneys review today's opinions in the civil case Carr v. Gateway, Inc. and criminal cases People v. Skryd, People v. Beauchamp and People v. Manning.
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January 27, 2011 |
Practice News
The Illinois Supreme Court unanimously overturned the Appellate Court's decision today that puts Rahm Emanuel back on the ballot for Chicago mayor. Justice Thomas delivered the judgment of the court with Chief Justice Kilbride and Justices Garman, Karmeier and Theis concurring. Justices Freeman and Burke specially concurred, with opinion. Click here to read the opinion.
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January 25, 2011 |
Practice News
The Illinois Supreme Court has issued an emergency motion that orders Rahm Emanuel's name back on the ballot for Chicago mayor while it considers his appeal. Click here to read the order. Lawyers for Chicago mayoral candidate Rahm Emauel filed a PLA today with the Illinois Supreme Court. Click here to read the PLA. The Illinois Supreme Court website has a page with all the relevant documents to the Emanuel residency case.