Practice News

The Illinois Supreme Court handed down an opinion today in People v. Chairez. At issue in this case was the constitutionality of a section of the unlawful use of a weapon statute that prohibits an individual from carrying or possessing a firearm within 1000 feet of a public park. Kerry Bryson of the Office of the State Appellate Defender reviews the court's ruling.

People v. Chairez

Over the past several years, constitutional challenges to various provisions of the unlawful use of weapons (UUW) statute have made their way through the courts. Chairez involves another such challenge, specifically with regard to the provision prohibiting an individual from carrying or possessing a firearm within 1000 feet of a public park [720 ILCS 5/24-1 (a)(4), (c)(1.5)].

In 2013, Julio Chairez pled guilty to possessing a firearm within 1000 feet of a park in Aurora. Subsequently, Chairez filed a post-conviction petition arguing that the statute violated the second amendment and seeking to vacate his conviction. The circuit court agreed, and the case proceeded directly to the Illinois Supreme Court.

The Land of Lincoln Legal Assistance Foundation, Inc.(LOLLAF) is looking for a staff attorney for the Southern Illinois University Medical-Legal Partnership at the Center for Family Medicine (SIU-MLP) operating out of LOLLAF's Northern Regional Office. The SIU-MLP is a collaborative partnership between LOLLAF and SIU Center for Family Medicine wherein healthcare providers refer patients for legal assistance in order to address social determinants affecting patient health outcomes.

In an Agreed Final Order, nonlawyer William Bowen was found guilty of minor indirect criminal contempt for engaging in the unauthorized practice of law by providing dissolution of marriage services including preparation of a petition for dissolution of marriage. Mr. Bowen was fined $500, and sentenced to six months of probation. ARDC v. William Bowen, Cook County No. 17 MC1-600179 (January 24, 2018).

The Illinois Supreme Court handed down four opinions on Friday, Jan. 19, including the highly-anticipated Bogenberger v. Pi Kappa Alpha Corp., in which the court considered who can be held liable for a fraternity pledge's alcohol-related death during an initiation ritual. The court also addressed the deadline to timely file a motion to quash service in a residential mortgage foreclosure action in Bank of New York Mellon v. Laskowski, reversed and remanded the appellate court's decision to overturn a defendant's first degree murder conviction in People v. Carey, and determined whether the one-act, one-crime rule prohibits multiple convictions arising out of the defendant's single act of gun possession in People v. Coats. Leading appellate attorneys review these cases below.

Bogenberger v. Pi Kappa Alpha Corporation, Inc.

By Karen Kies DeGrand, Donohue Brown Mathewson & Smyth LLC
 
Here the Illinois Supreme Court addressed the civil liability ramifications of excessive alcohol consumption at a fraternity pledging event. The court addressed whether the national organizations of a fraternity, a local chapter of the fraternity, its officers, pledge board members and active members, along with non-member sorority women, owed a legal duty to a prospective pledge who died from alcohol poisoning during a pledge event. The court ruled that all but the national entities owed a duty on the allegations of the complaint.