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Articles From 2004

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More on traffic stops and the Illinois Supreme Court

By Helen W. Gunnarsson
January
2004
LawPulse
Page 10
Here's a summary of two opinions that came down after last month's Journal article on the Illinois Supreme Court's recent interpretation of the Terry doctrine went to press.

Motion to vacate judgment is not a new action entitling litigants to a substitution of judge as of right.

January
2004
Illinois Law Update
Page 16
On October 29, 2003, the Appellate Court of Illinois, Fifth District, affirmed the judgment of the Circuit Court of Fayette County denying the defendants' motion for substitution of judge.

N/A

July
2004
Illinois Law Update
Page 340
The Department has also adopted amendments, effective April 1, 2004, to 17 Ill Adm Code 170 regarding the collection of firewood in state forests. 

New Adoption of Utility Standards

January
2004
Illinois Law Update
Page 16
Pursuant to federal regulations at 7 CFR 273.9(d)(6)(iii)(A) and to help reduce food stamp errors in housing expenses, the Illinois Department of Human Services amended 89 Ill. Adm. Code 121.

New documentation requirements under the Animal Welfare Act

December
2004
Illinois Law Update
Page 620
The Illinois Department of Agriculture recently adopted 8 Ill Adm Code 25. These changes became effective on October 1, 2004. 

New Duties for Deaf and Hard of Hearing Commission P.A. 093-0647

May
2004
Illinois Law Update
Page 242
The Deaf and Hard of Hearing Commission is a coordinating and advocating body acting on behalf of the interests of persons in Illinois who are deaf or hard of hearing, including children, adults, senior citizens, and those with any additional disability.

A new, higher limit for small-estate affidavits

By Helen W. Gunnarsson
October
2004
LawPulse
Page 508
The ceiling for small estate affidavits has doubled from $50,000 to $100,000. But will it make the well-meaning people who serve as affiants more attractive targets for lawsuits?

New interstate child-custody statute for the New Year

By Helen W. Gunnarsson
February
2004
LawPulse
Page 62
If your practice includes family law, familiarize yourself with the newly effective Illinois Uniform Child Custody Jurisdiction Enforcement Act.

New law makes it easier to investigate workplace misconduct

By Helen W. Gunnarsson
January
2004
LawPulse
Page 10
Employers are no longer required to get an alleged wrongdoer's consent to hire an outside firm to conduct an investigation of alleged misconduct on the job.

New Laws Criminalize Possession of Materials Used to Make Identification Cards P.A. 93-0667

June
2004
Illinois Law Update
Page 292
Effective immediately, it is a violation of the Illinois Identification Card Act to possess, use, or allow to be used any materials, hardware, or software specifically designed for or primarily used in the manufacture, assembly, issuance, or authentication of an official Illinois Identification Card or Illinois Disabled Person Identification Card issued by the Secretary of State.

A New Look for Closings Comes to Local Title Offices

By James K. Weston
January
2004
Article
Page 43
A new law allows a title insurance company to file a certificate of release for any paid-off mortgage.

The New, Narrower Illinois Grandparent Visitation Statute

By Michael K. Goldberg
November
2004
Article
Page 578
The legislature takes another crack at grandparent visitation.

New regulations regarding the registration of Internet auction listing services

December
2004
Illinois Law Update
Page 620
The Department of Financial and Professional Regulation recently added subsections 1440.400–480 to 68 Ill Adm Code 1440. 

New rule mandates expedited custody appeals

By Helen W. Gunnarsson
May
2004
LawPulse
Page 236
Amended Supreme Court Rule 306A is designed to ensure quicker resolution of child custody cases. But how will it work in practice?

New Small Estate, Anti-Lapse, Health POA Provisions

By David Berek
November
2004
Column
Page 601
A summary of three new estate-planning laws.

New weapons for child-support collection

By Helen W. Gunnarsson
September
2004
LawPulse
Page 450
Freshly passed bills promise to make child-support collection a little easier, and maybe a little less expensive.

No co-pay required for public aid recipients to receive generic drugs P.A. 093-0593

January
2004
Illinois Law Update
Page 16
Effective immediately, the Department of Public Aid may not require those receiving public aid assistance from the state to make a co-payment if they receive generic prescription drugs.

No credit for child-support overpayment

By Helen W. Gunnarsson
November
2004
LawPulse
Page 562
The bottom line for obligors – pay what you owe and not a penny more, and keep track of what you pay.

No police “eavesdropping” on sexual predators; even in cyberspace?

By Helen W. Gunnarsson
May
2004
LawPulse
Page 236
The Illinois eavesdropping statute's prohibition against taping with only one party's consent hampers legitimate law enforcement, a legal scholar opines.

“No” to compulsory DUI blood tests

By Helen W. Gunnarsson
April
2004
LawPulse
Page 170
A second district case holds that nonconsensual, non-treatment-related blood and urine tests are inadmissible in DUI trials.

The Occasional Litigator’s Guide to Making the Most of Pleadings and Motions

By Patrick M. Kinnally
August
2004
Article
Page 414
Did you know you can win a motion but damage your case in the process? Here's advice on using pleadings wisely.

Of Pandas and Punctuation

By Maureen B. Collins
July
2004
Column
Page 371
These books and Web sites make mastering grammar…well, if not fun, at least less painful.

Offenders May Participate in State’s Attorney’s Bad Check Diversion Programs as an Alternative to Prosecution; P.A. 093-0394

February
2004
Illinois Law Update
Page 70
State's attorneys may create bad check diversion programs within their offices, which would allow qualified offenders to participate in the program instead of being prosecuted for the offense. 

Officer went beyond permissible scope of a traffic stop for following too closely when, after he had already issued a traffic citation, he further investigated and conducted a vehicle search.

January
2004
Illinois Law Update
Page 16
On October 29, 2003, the Appellate Court of Illinois, Fourth District, reversed the Circuit Court of Douglas County's denial of the defendant's motion to suppress and remanded for further proceedings.

On the Stump at the South Suburban Bar

By Terrence J. Lavin
February
2004
Column
Page 60
The life of your bar president is chockablock with speeches, bar meetings, award ceremonies, and dinner banquets.

Only those student loan payments which are “reasonable and necessary expenses for the production of income” are deductible when calculating net income for child support purposes

April
2004
Illinois Law Update
Page 176
On January 28, 2004, the Appellate Court of Illinois, Fifth District, affirmed in part the order of the Circuit Court of Montgomery County modifying the child support obligor's support obligation, reversed in part and remanded for further proceedings. 

The Open and Obvious Doctrine and Landowner Liability: The Rule and the Exceptions

By Jennifer E. Simms
July
2004
Article
Page 352
A discussion of the doctrine, its exception, and its applicability to children.

Order in the Court (and in Your Sentences)

By Maureen B. Collins
August
2004
Column
Page 435
Don't let convoluted word order tangle your sentences.

Out-of-state lawyers OK’d for Illinois arbitrations

By Helen W. Gunnarsson
April
2004
LawPulse
Page 170
The first district holds that lawyers who aren't licensed in Illinois can nonetheless represent clients in Illinois-based arbitrations.

Outsourcing Law Office Management to an Expert

By Paul Sullivan
June
2004
Column
Page 317
You're a lawyer, not a manager. Why not free yourself to practice law by turning over office administration to an expert?

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