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2017 Articles

The $10 million comma By Rex Gradeless May 2017 On March 13, 2017, the First Circuit Court of Appeals reversed a lower court’s decision because of a missing comma. This missing comma created a significant-enough ambiguity within Maine’s overtime wage law leading to the reversal. The remanded matter may cost a Maine dairy company $10 million in overtime wages to its employees.
2017 Roz Kaplan Government Service Award recipient Patrick Driscoll By Kathryn A. Kelly December 2017 Pat Driscoll’s service to the bar, to various bar associations (especially the ISBA), and to the public made him this year’s choice for this wonderful honor.
Austin Fleming Newsletter Editor Award – Two of our very own By Emily Vivian May 2017 On Friday, June 16, Lynn Patton and Kathryn (“Kate”) Kelly, co-editors of this newsletter, will receive the 2017 Austin Fleming Newsletter Editors Award.
Demystifying “unduly burdensome” under FOIA By Robert L. Miller March 2017 The Freedom of Information Act provides that every person is entitled to complete information about Illinois governmental agencies. However, the Act includes various types of exclusions including approximately 70 enumerated exemptions, an unknown number of exemptions under the umbrella of 5 ILCS 140/7(1)(a), and the “unduly burdensome” exemption.
Five quick tips for young government attorneys By Kilby Macfadden May 2017 Some practice pointers to help you navigate the world of government practice with confidence.
The Illinois Supreme Court provides guidance on the Open Meetings Act By Barbara Goeben May 2017 This year, the Illinois Supreme Court issued an opinion in Bd. of Educ. of Springfield Sch. Dist. No. 186 v. Attorney Gen. of Illinois, affirming the lower court’s reversal of the Attorney General’s conclusion that the Springfield School Board violated the Open Meetings Act.
In-sites: Deposition tips March 2017 A look at some great articles and blogs on taking depositions and preparing witnesses for depositions.
Jury instruction update: “Do you hear what I hear?” By Hon. Barbara Crowder September 2017 A discussion of the 2017 changes made thus far to Illinois Pattern Jury Instruction for Civil Cases since the revisions focus on language access.
Looking ahead: A reflection on the emerging diversity in the law profession By Morgan Hess September 2017 Judge Debra B. Walker’s summer extern, Morgan Hess, recently had the opportunity to attend the “The Future Is Now: Legal Services 2.017” conference and shares her insights.
New Illinois MCLE requirements By Emily R. Vivian September 2017 Based on a recommendation from the Illinois Supreme Court Commission on Professionalism, the Illinois Supreme Court has amended Supreme Court Rule 794(d) to require that, as part of their 6-hours of professional responsibility, lawyers must complete one hour in diversity and inclusion and one hour in mental health and substance abuse.
Sanctuary cities By Pat Lord May 2017 In response to the extraordinary events that have taken place since President Trump took office, counties, cities, and villages across the country are evaluating whether to take official action to designate themselves as a Sanctuary City and wondering if they do whether they’ll lose federal funding.
State employees’ statements during internal investigations may be admissible in criminal proceedings, even though compelled under threat of job loss, if self-incrimination rights later waived By John R. Schleppenbach May 2017 Though internal investigators should still take pains to avoid the appearance that they are threatening public employees with sanctions should they decline to cooperate with an investigation, the Eleventh Circuit has now provided a blueprint for investigators to obtain a waiver and use an employee’s statement even if such threats are made.
Stay or go? Ethical public service to elected leadership By Peter J. Orlowicz December 2017 What happens when the way we are directed to carry out our duties seems inconsistent with the public trust and public interest we are charged with maintaining?
What constitutes being a “public body” subject to the provisions of FOIA – Better Government Association v. Illinois High School Association, et al. By Patrick T. Driscoll, Jr. December 2017 The Illinois Supreme Court, in Better Government Association v. Illinois High School Association, et al., determined that the Illinois High School Association was not a “public body” as defined by the Freedom of Information Act
What may the Concealed Carry License Review Board properly consider when granting or denying a permit? By Patrick T. Driscoll, Jr. March 2017 The ruling in Perez v. The Illinois Concealed Carry Licensing Review Bd. provides direction as to what information may be considered when approving or denying a conceal carry permit application.
What’s app? September 2017 A look at some helpful apps that could save you time.