Susan L. Zielke, Managing Attorney, Eastern Regional Office, Land of Lincoln Legal Aid
In a new year, we make resolutions. In our work, we set SMART goals. For our life, we choose focus words. Make pro bono one of those overarching themes for 2021.
Susan L. Zielke, Managing Attorney, Eastern Regional Office, Land of Lincoln Legal Aid
In a new year, we make resolutions. In our work, we set SMART goals. For our life, we choose focus words. Make pro bono one of those overarching themes for 2021.
The Illinois Department of Employment Security (IDES) has shared updates that may help ISBA members prepare for questions regarding 1099-G forms and IDES.
1099-G Tax Forms
IDES is in the process of finalizing the annual 1099-G form mailing to all individuals who received unemployment insurance (UI) benefits in 2020.
A right of first refusal (ROFR) is an agreement giving its holder the right to purchase property in certain circumstances. ROFRs usually concern real estate, but they can cover any type of property. Generally, ROFRs provide that if an owner receives a bona fide offer to buy its property on terms it wishes to accept, the owner must give the ROFR holder notice of the offer and the opportunity to match it. The ROFR holder has no obligation to match the offer and it can refuse to do so. In that instance, the owner is free to sell the property to the offeror. If the ROFR holder does match the offer, the holder has the right to buy the property and the owner must sell it to the ROFR holder. But as Mitchell L. Marinello and Andrew P. Shelby demonstrate in their January 2021 Illinois Bar Journal article, “Right of First Refusal, Right?” under the peculiarities of Illinois law, ROFRs generally are enforceable but can lead to litigation, specifically when a property’s ROFR provisions may not be considered definite enough to be enforced.
The Illinois Supreme Court issued three opinions on January 22. In In re J.M.A., the Supreme Court was equally divided and dismissed the appeal. In Steed v. Rezin Orthopedics & Sports Medicine, S.C., the Supreme Court unanimously reversed an unpublished order issued by an appellate court that reversed a jury verdict in favor of an institutional defendant. In Board of Education of the City of Chicago v. Moore, the court addressed whether the School Code authorized the Board of Education of the City of Chicago to opt for suspension rather than either dismissal or reinstatement of a tenured teacher.
The Metropolitan Correctional Center (MCC) Chicago is seeking an attorney for the Consolidated Legal Center (CLC), St. Louis, Missouri.
The Illinois Supreme Court announced the filing of lawyer disciplinary orders on January 21, 2021. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law.
The Secretary of State’s office is looking for an attorney to serve as assistant general counsel in the Springfield office advising the vehicle services department. The duties of this position include drafting legislation and administrative rules, advising the department regarding compliance with existing laws and regulations, answering questions regarding the licensing of vehicle dealerships, and participating in formulating policies for the operations of the department. The attorney will also assist the personnel department in collective bargaining agreements and litigation concerning personnel actions, and represents the Office of the Secretary of State at arbitration proceedings.
Justice James D. Heiple, the author of the controversial 1994 “Baby Richard” adoption case ruling, passed away on January 18 at OSF St. Francis Medical Center in Peoria from complications following a brain hemorrhage. He was 87. During his time on the Illinois Supreme Court, Justice Heiple authored 175 majority opinions, 98 dissents, 27 special concurrences and 18 partial concurrences/partial dissents.
In Smart Oil LLC v. DW Mazel, LLC, the U.S. Court of Appeals for the Seventh Circuit confirmed that lawyers are essential in real estate transactions. The Seventh Circuit recognized its role in interpreting contracts and giving effect “to the intention of the parties as expressed in the agreed terms.” Lawyers are the client’s advocate, charged with articulating the client’s precise intentions in the agreement, and then guiding the transaction with careful attention to detail through closing. According to William J. Anaya in his January 2021 Illinois Bar Journal article, “Old Wine in New Cases,” Smart Oil offers insights to environmental and real estate lawyers and a cautionary tale for those who seek to cleverly avoid or circumvent settled law in modern real estate transactions. Anaya advises lawyers who represent sellers and buyers in transactions and litigation are well served in reading this Seventh Circuit’s primer on settled law in Illinois.
The Cook County Board of Commissioners is seeking applicants for the Cook County Public Defender position.
The term of office for the current Cook County Public Defender expires on March 31, 2021.