Diversity Leadership Council Newsletter
The newsletter of the ISBA’s Diversity Leadership Council

June 2010, vol. 4, no. 1

Now every article is the start of a discussion. If you're a member of the Illinois State Bar Association, you can comment on any of the articles that appear below.

In This Issue…

Related Court Cases

Involuntary Administration of Medication
In re Benny M.

Prior to ordering restraints in involuntary treatment proceedings,trial court must give Respondent's attorney an opportunity to be heard and must state on the record the reasons for allowing the Respondent to remain shackled. Any factors considered should bear on risk of flight, threats to people in the courtroom, or maintaining order during the hearing. A more specific objection was required to preserve Respondent's procedural arguments for review, given that procedure for allowing restraints in involuntary treatment proceedings was not established at time of hearing. (KARMEIER, FREEMAN, THOMAS, GARMAN, BURKE, and THEIS, concurring.)

First Amendment
People v. Relerford

Defendant was convicted, after bench trial, of stalking and cyberstalking, and sentenced to 6 years. The terms of subsection (a) of the stalking and cyberstalking statutes violate the first amendment because they are overbroad, as they impermissibly infringe on the right to free speech. The statutes' proscription against "communications to or about" a person are stricken. Defendant's convictions under those provisions cannot be sustained based on other conduct, and his convictions must be vacated.(KARMEIER, THOMAS, KILBRIDE, GARMAN, BURKE, and THEIS, concurring.)

Mental Health Code
In re Beverly B.

Court erred in granting State's petition for involuntary administration of psychotropic medication. The general information that Respondent received about the types of treatments and activities available at Elgin Mental Health Center was insufficient to satisfy the mandate of Section 2-102(a-5) of Mental Health and Developmental Disabilities Code. Court erred in ruling that Respondent was exhibiting deterioration of her ability to function or suffering. (ZENOFF and BIRKETT, concurring.)

Human Rights Act
People ex rel. Madigan v. Wildermuth

State may claim a violation under Illinois Human Rights Act pursuant to a reverse redlining theory where it did not allege that the defendant acted as a mortgage lender. Court erred in dismissing complaint with prejudice; dismissal should have been without prejudice, as grounds relied upon as to "other financial assistance" were lacking. Defendant's conduct, in filling out paperwork for loan modification process and recommending short sales did not amount to "financial assistance". Defendants were not a necessary and direct channel through which funds flow. (KARMEIER, FREEMAN, KILBRIDE, GARMAN, BURKE, and THEIS, concurring.)

Involuntary Admission
In re Linda B.

Hospital's mental health facility director filed petition for involuntary admission of Respondent. Psychiatrist testified at hearing that Respondent's hospitalization began when she was admitted to a medical floor, where she was also "treated psychiatrically". A facility, or section thereof, capable of providing mental health services, that does provide the individual mental health services, is a mental health facility. Respondent has not shown that her physical entry into the facility, and her initial treatment there, were involuntary. Thus, she did not show that error occurred, that petition for involuntary commitment was not timely filed. (FREEMAN, THOMAS, KILBRIDE, GARMAN, BURKE, and THEIS, concurring.)

Disclaimer: This newsletter is for subscribers’ personal use only; redistribution is prohibited. Copyright Illinois State Bar Association. Statements or expressions of opinion appearing herein are those of the authors and not necessarily those of the Association or Editors, and likewise the publication of any advertisement is not to be construed as an endorsement of the product or service offered unless it is specifically stated in the ad that there is such approval or endorsement.