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In This Issue…
- From the Chair
A recap of the Committee's work this past year from Chair Kevin Lovellette.
- When the term “shall” is directory: The Illinois Supreme Court reinforces the presumption that statutory language that issues a procedural command to a government official is directory, rather than mandatory
In light of these decisions, a trial court litigator must consider prejudice when arguing about a procedural violation of a statute. Further, appellate attorneys should also consider this precedent in defending an alleged procedural violation by a governmental official.
- Time to rethink absolute prosecutorial discretion?
Prosecutors should never lose sight of their sacred duty to do the right thing. This applies not only to prosecuting criminals, but also— perhaps even more so—deciding whether to prosecute in the first place.
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