Practice News

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.

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.

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.

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.