Illinois Bar Journal

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2018 Articles

Criminal justice reform focuses on community service and reentry

April
2018
Illinois Law Update
Page 16
The Illinois Vehicle Code is amended to allow the court to give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.

A Crucial Partnership: ISBA & LAP

By James F. McCluskey
August
2018
Column
Page 8
ISBA President Hon. James F. McCluskey dedicates his column to the Lawyers' Assistance Program.

Current and former military members may be exempt from taking written portion of commercial driver’s license exam

April
2018
Illinois Law Update
Page 16
The Secretary of State is now able to waive written exams for issuances of a commercial driver's license for applicants that qualify and are eligible for military service.

Data-Driven Advocacy for Free

By Jesse Bowman
May
2018
Column
Page 48
A pair of old-school data sets offer useful, no-cost information for lawyers.

Date for tolling limitations period under the Illinois Code of Civil Procedure not determined as a matter of law

September
2018
Illinois Law Update
Page 16
On May 29, 2018, the Third District Appellate Court of Illinois denied a defendant's motion to dismiss for noncompliance with the Illinois Code of Civil Procedure's section 205, stating timely requirements and untimely limitations.

Debts, Secret Tax Liens, and Other Estate Traps

By Derek M. Johnson
October
2018
Article
Page 28
Federal income taxes owed by a decedent's estate may take priority over other claims and expenses, especially when the estate is insolvent. Understanding how and when to pay an estate's taxes in relation to the estate's other obligations is critical.

Decades-old maintenance deduction eliminated by new tax law

By Matthew Hector
March
2018
LawPulse
Page 18
Beginning in 2019, payors will no longer be able to deduct maintenance payments from their federal taxes.

Deciphering the Fiduciary Duties of Trust Protectors in Illinois

By George L. Schoenbeck
April
2018
Article
Page 42
Trust protectors, increasingly popular in Illinois, enable trusts to more readily adapt to changing laws and circumstances. But to what extent may the settlor limit the fiduciary duties of trust protectors?

Declaration of parent-child relationship between nonbiological parent and child appropriate given evidence of co-parenting

July
2018
Illinois Law Update
Page 16
The Illinois Appellate Court held that the Gestational Surrogacy Act is inapplicable when there is a biological connection between the parent and the child.

Defendant found not not guilty of a sex offense required to register as sex offender

May
2018
Illinois Law Update
Page 18
On February 27, 2018, the Appellate Court of Illinois for the First District held that a person found not not guilty of a sex offense, even on the basis of unfitness, falls within the purview of the Sex Offender Registration Act ("SORA") and is required to register.

Defendant who enters a partially negotiated plea agreement may challenge a sentence as improper without withdrawing his plea

February
2018
Illinois Law Update
Page 18
The Fourth District Appellate Court reversed and remanded a case with instructions for a new sentencing hearing.

Demonstrative vs. Substantive Evidence: Know the Important Difference

By John M. Spesia & Jacob E. Gancarczyk
January
2018
Article
Page 26
Demonstrative evidence, which merely illustrates or explains a point, need not be disclosed during discovery. But trying to use it to do the work of substantive evidence risks having a favorable verdict overturned.

Department of Corrections and Illinois Housing Development Authority coordinate housing program to assist former inmates’ transition back into communities

July
2018
Illinois Law Update
Page 16
The Department of Corrections (DOC) and Illinois Housing Development Authority (IHDA) have implemented a system to aid former inmates as they transition to the community.

Department of Veterans’ Affairs required to submit biannual reports regarding communicable diseases in Veterans’ Homes

November
2018
Illinois Law Update
Page 18
The Illinois Department of Veterans' Affairs Act is amended by adding a section regarding veterans' homes, complaints, and communicable disease reports.

Depositions Under Illinois Law: The Federal Example

By Roy Dripps
June
2018
Article
Page 38
Yes, you can depose a corporation, and Illinois Supreme Court Rule 206(a)(1) sets out the process. The bad news: Illinois courts have said little about the Rule. The good news: Plenty of federal rulings have interpreted FRCP 30(b)(6), the model upon which the Illinois rule is based.

Designated representatives ABLE to manage disability accounts without court approval

August
2018
Illinois Law Update
Page 16
Amendments to the Achieving a Better Life Experience (ABLE) Account Program (74 Ill. Adm. Code 722 (effective May 23, 2018)) clarify that the parents of an adult with a disability can manage ABLE accounts on behalf of their child without appointment by a court.

Discovery rule says accrual at discovery of harm, not when construction defect was discovered

November
2018
Illinois Law Update
Page 18
Under the discovery rule, does the clock start when the harm is discovered or when a plaintiff discovers that the harm was "wrongfully caused"? The first district held that the former is more correct.

A Dollar Here, a Dollar There

By Jeffrey R. Schoenberger
September
2018
Column
Page 44
The cost of software subscriptions can add up quickly. Learn how to decide which subscriptions are worth it.

Don’t Go There…Yet

By Christopher Keleher
September
2018
Article
Page 36
Default judgments and dismissals with prejudice should only result from persistent misconduct and after less onerous enforcement options and warnings have failed.

Down with Footnotes

By Justice Michael B. Hyman
March
2018
Column
Page 52
Any point worth making belongs in the text, not a footnote.

Dues Over

By Pete Sherman
August
2018
LawPulse
Page 10
The U.S. Supreme Court's ruling in Janus grew from an Illinois case that had its end in mind from the very start.

E-filing in Illinois: All over the map

By Matthew Hector
June
2018
LawPulse
Page 10
A half-year after Illinois imposed e-filing requirements, some counties are struggling to provide an exemplary e-experience.

Electronic forms of fee collection and related procedures adopted by the Secretary of State

March
2018
Illinois Law Update
Page 24
The Secretary of State ("SOS") has also adopted several electronic payment amendments to: Collections of Fees (92 Ill. Adm. Code 1003), Certificates of Title, Registration of Vehicles (92 Ill. Adm. Code 1010), Remittance Agents (92 Ill. Adm. Code 1019) and Cancellation, Revocation or Suspension of Licenses or Permits (92 Ill. Adm. Code 1040) (eff. Dec. 19, 2017).

Eligibility requirements for state-funded option of subsidized guardianship changed

April
2018
Illinois Law Update
Page 16
The adopted amendment changes eligibility requirements for the state-funded option of subsidized guardianship.

Employers must reimburse employees for necessary expenditures or losses incurred by employees

December
2018
Illinois Law Update
Page 14
Under an amendment to the Illinois Wage Payment and Collection Act, employers must reimburse employees for all necessary expenditures or losses incurred by employees.

Employers required to file Illinois W-2 forms and returns electronically

June
2018
Illinois Law Update
Page 16
Amendments were adopted to the Income Tax regulations (86 Ill. Adm. Code 100) (eff. Mar. 21, 2018) implementing Public Act 100-303 and requiring all employers and payroll providers who withhold Illinois income tax for employees to file their W-2 forms and returns for employee withholding taxes either electronically or using the same magnetic media used for their federal income tax filings.

Enforcement rules added to Hours of Service Drivers

June
2018
Illinois Law Update
Page 16
The Department of Transportation adopted amendments to the Hours of Service Drivers of the Motor Carrier Safety Regulations (92 Ill. Adm. Code 395) (eff. Mar. 14, 2018) expanding the exemptions to the hours of service requirement for drivers of commercial vehicles.

Entrepreneur Learner’s Permit pilot program created

August
2018
Illinois Law Update
Page 16
This amendatory act establishes an Entrepreneur Learner's Permit pilot program that shall be administered by the Department of Commerce and Economic Opportunity.

Estate Planning for Cryptocurrency

By Michael Alan Goldberg
February
2018
Article
Page 38
Bitcoin's wild fluctuation in value has put cryptocurrency in the news. Whether or not digital currency becomes the exchange medium of the future, estate planners need to consider the special issues it raises.

An Ethics Roadmap for Lawyer Referrals

By Bailey E. Felts
January
2018
Column
Page 48
Illinois Rules of Professional Conduct 1.5(e), 5.4(a), and 7.2(b) are important places to look for guidance about referral ethics.

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