An underdiscussed but vitally important aspect of today’s criminal justice system is the ever-expanding role of assessments charged to convicted defendants in criminal cases. These fines and fees charged by states and municipalities aim to minimize the cost of criminal prosecutions on the taxpayers and deter future criminal activity. Nationally, convicted persons are charged an average of $13,607 for conviction-related costs, including restitution and attorney fees. As Benjamin Sardinas notes in his May Illinois Bar Journal artilcle, “The Ball Is in Your Court,” nearly half of convicted persons’ families who helped cover those costs say they could not afford such fees and 38 percent of those families found court fees and fines the most difficult among the costs of conviction. Since the passage of Illinois Supreme Court Rule 472, correcting errors in the calculation and imposition of court assessments have become part of the responsibilities of trial prosecutors and defense attorneys. Sardinas reviews the history of correcting errors in sentencing, the changing legal landscape in the wake of Rule 472, and suggests how criminal trial attorneys may challenge assessments and sentencing errors to prevent their incidence and prevalence.
Practice News
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May 26, 2020 | Practice News
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May 22, 2020 | Practice News
Chief Justice Anne M. Burke and the Illinois Supreme Court announced today the repeal of Supreme Court Rule 185, creation of new Rule 45, and amendments to Rule 46 and Rule 241. These rules all relate to the use of remote hearings via telephone or video conferencing in the courts and the official recording of these court proceedings. The rule changes are effective immediately.
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May 22, 2020 | Practice News
The Illinois Supreme Court announced today a temporary order to harmonize the current procedure for eviction cases during the COVID-19 pandemic with new federal requirements recently adopted as part of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which was passed by Congress and signed into law on March 27, 2020.
The goal of this order is to ensure there are no inadvertent violations of the new federal law during the pandemic that would result in improper and unnecessary evictions at such a difficult time for residents of Illinois.
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May 21, 2020 | Practice News
The Illinois Supreme Court handed down three opinions on Thursday, May 21. In People v. Green, the court weighed in on conflict-of-interest issues when an attorney has represented an intended victim of a crime where another person turns out to be the actual victim. In Levin v. Retirement Board of the County Employees’ & Officers’ Annuity & Benefit Fund, the court upheld an appellate court decision that a county board exceeded its authority in denying an employee health insurance because she was previously a state employee. In Lewis v. Lead Industries Association, the court held that plaintiffs in a class action lawsuit to recover the costs of lead screening undergone by their children had no claim.
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May 20, 2020 | Practice News
The Illinois Supreme Court today issued an order and operational guidelines to help courts statewide resume in-person operations and establish procedures for remote hearings. Since mid-March, the state’s courts have been operating under precautionary measures to minimize the spread of COVID-19 while continuing to conduct emergency and essential matters.
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May 18, 2020 | Practice News
The Illinois Supreme Court announced the filing of lawyer disciplinary orders on May 18, 2020. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law.
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May 18, 2020 | Practice News
The Illinois Code of Civil Procedure allows a party to submit one or more special interrogatories to the jury. A special interrogatory is a question submitted to the jury by a party seeking a determination of a specific issue or question of fact and is submitted along with the general verdict forms. The purpose of a special interrogatory is to test the general verdict by ensuring the jury understood its instructions and each element of the cause of action necessary to enter the judgment indicated. In her May Illinois Bar Journal article, “What’s So Special About Special Interrogatories,” Amy Frantz discusses the use of special interrogatories in general, provides practical tips for attorneys on their use, and highlights recent extensive changes to the special interrogatory statute.
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May 14, 2020 |
Practice News
The U.S. Attorney's Office Southern District of Illinois is accepting applications for an assistant United States attorney opening in its Criminal Division in the Fairview Heights Office.
Applicants must demonstrate a quick analytical ability, good judgment, and superior communication and courtroom skills. Applicants must be team players who exhibit the ability to work in a supportive and professional manner with other attorneys, support staff, and client agencies. Applicants must have demonstrated capacity to function, with minimal guidance, in a highly demanding environment.
Applicants will be expected to do their own legal research and writing and will be substantially self-sufficient in preparing day-to-day correspondence and pleadings. Applicants must also demonstrate excellent computer literacy skills to include experience with automated research on the Internet, electronic court filing, and e-mail and word-processing systems.
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May 11, 2020 | Practice News
The legal profession is, out of necessity, practicality, or sometimes sheer stubbornness, notoriously backward looking. It shouldn’t come as a surprise, therefore, to realize that lawyers, judges, and the American legal system were largely unprepared for the coronavirus pandemic. We’re not unique in that, as most Americans seem taken aback by the virus. In many jurisdictions, court dockets have slowed or halted. But that hasn’t stopped the remainder of an attorney’s work from moving forward. Deadlines must be met, motions must be drafted, discovery must be served, and rulings must be issued. In his May Illinois Bar Journal article, “Law in the Time of COVID-19: Looking Backward While Moving Forward,” Brad Taylor asks how does a practitioner fulfill his or her myriad professional responsibilities while self-quarantining, practicing social distancing, and occasionally grappling with masses of frenzied, toilet-paper-obsessed shoppers? Not easily, Taylor says, and not without changing the way we perceive, at least in the short term, how legal professionals perform their roles.
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May 8, 2020 |
Practice News
Land of Lincoln Legal Aid, a non-profit organization that provides free legal services to low-income individuals in central and southern Illinois, is seeking a staff attorney at the Northern Regional Office in Springfield.
The position includes providing legal assistance and representation of low-income individuals in private and public housing matters, sealing and expungement of criminal records, and public benefits appeals such as Medicaid, SNAP, and Social Security. Participation in community legal education and outreach are a significant part of these responsibilities.