The General Assembly is grappling with a $2.7 billion Medicaid funding gap in the as of yet unpublished "SMART" bill. One of the pieces in it may be a reversal of the Medicaid eligibility rules in the compromise last fall between the Department of Healthcare and Family Services' and the Joint Committee on Administrative Rules. An excellent and comprehensive summary of that compromise may be found here in the January 2012 Illinois Bar Journal (by Diana Law and William Siebers). Some of these changes may include the following: (1) A home held in a trust, even an individual’s personal revocable living trust, shall no longer be considered homestead property. (2) People over the age of 65 can no longer participate in a federally created OBRA Pooled Trust. (3) A healthy spouse still living at home will receive only the minimum resource allowance instead of the maximum allowance as previously approved by JCAR. Whatever action the General Assembly may take on this issue will occur in the next ten days, and we'll try to keep you informed to the extent we can.
ISBA members, sign up to receive The Bar News' biweekly e-newsletter by emailing emailpreferences@isba.org
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May 18, 2012 |
Practice News
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May 17, 2012
In Berge v. Kuno Mader and DMG America, Inc., the Illinois Appellate Court found that judicial estoppel bars a plaintiff from suing in state court if he or she fails to disclose the lawsuit as an asset in a bankruptcy petition, writes Brett J. Swanson in the latest Tort Trends.
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May 16, 2012 |
Events
ISBA President John G. Locallo (right) and ISBA Board member Gina Arquilla DeBoni (second from right), both alumni of Chicago-Kent College of Law, participated in the hooding ceremony during the school's 2012 Commencement ceremony on Sunday, May 13, at the UIC Forum in Chicago. President Locallo hooded his nephew and DeBoni hooded her brother. Keynote speakers included (from left) Laurel G. Bellows, president-elect of the American Bar Association, and Her Royal Highness Princess Bajrakitiyabha Mahidol of Thailand.
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Illinois Supreme Court Justice Charles E. Freeman presided over the 1st District Admission Ceremony with fellow Justices Anne M. Burke and Mary Jane Theis participating. ISBA was represented by Treasurer Karen Enright.
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Appellate Court Justice Ann B. Jorgensen presided over the Second District ceremony in Elgin. ISBA 3rd Vice President Richard D. Felice was a featured speaker.
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Illinois Supreme Court Chief Justice Thomas L. Kilbride presided over the Fourth District Admission Ceremony in Ottawa. ISBA President-elect John E. Thies was a featured speaker.
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Illinois Supreme Court Justice Rita B. Garman presided over the Fourth District Admission Ceremony in Springfield. ISBA was represented by Board member Carl R. Draper.
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Illinois Supreme Court Chief Justice Lloyd A. Karmeier presided over the swearing-in of new admittees at the Gateway Center in Collinsville. ISBA was represented by Past President Jack C. Carey.
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May 15, 2012 |
Practice News
Justice Rita B. Garman of the Supreme Court of Illinois has begun an application process for a Circuit Court vacancy in the Sixth Judicial Circuit. The vacancy will be created by the retirement of Judge John P. Shonkwiler on July 31, 2012. Judge Shonkwiler has been a resident circuit judge since 1974.Under the Illinois Constitution, judicial vacancies are filled by Supreme Court appointment. The application process will lead to final Court approval. The applicants will undergo an evaluation and screening process.Notice of the vacancy has been posted in courthouses throughout the Circuit. The application form and instructions may be obtained by visiting the Illinois Supreme Court’s website at www.state.il.us/court and follow the instructions on the “Latest News” scroller announcing the Sixth Judicial Circuit vacancy. Original applications must be submitted via mail to:Supreme Court of Illinoisattn.: Mrs. Mary Hurley3607 North Vermilion, Suite 1Danville, Illinois 61832No electronic or facsimile applications will be accepted.Deadline for submission of applications is Tuesday, June 12, 2012. The person appointed to fill the vacancy will serve until the position is filled by election in November, 2014. To be eligible for consideration for appointment, the applicant must be a lawyer licensed to practice law in Illinois.The Sixth Judicial Circuit is comprised of Champaign, DeWitt, Douglas, Macon, Moultrie and Piatt counties.
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May 15, 2012 |
CLE
The practice of law involving local government is diverse and, although one’s practice may be focused, a good local government lawyer needs to be well-versed in all aspects of local government representation. Get the information you need on economic development issues, mid-contract actions, and the role of social media with this informative half-day seminar in Chicago on May 24th! A discussion on the ethical issues concerning the secrets within the attorney-client relationship and a transparent government is also included. Attorneys engaged in representing or dealing with any form of municipal government will benefit from the information presented throughout this seminar.The program is presented by the ISBA Local Government Law Section and qualifies for 4.0 hours MCLE credit, including 2.0 hours approved Professional Responsibility MCLE credit.Click here for more information and to register.Can’t attend on May 24th?Visit http://isba.fastcle.com for access to the online recorded version of this program approximately 6 weeks after the program.