Illinois Bar Journal

2019 Articles

DCFS adopts the reasonable and prudent parent standard

February
2019
Illinois Law Update
, Page 14
The Department of Children and Family Services adopted amendments to Licensing Standards for Foster Family Homes (89 Ill. Adm. Code 402), Licensing Standards for Group Homes (89 Ill. Adm. Code 403), and Licensing Standards for Children Care Institutions and Maternity Centers (89 Ill. Adm. Code 404), all effective Oct. 31, 2018.

Defendant deprived of a fair trial when a jury instruction introduced a new theory

November
2019
Illinois Law Update
, Page 14
On Aug. 27, 2019, the Third District Appellate Court of Illinois held a defendant was deprived of his right to a fair trial when he was denied the opportunity to address a new theory of the case provided in a jury instruction.

Defendant had right to view video evidence seen in chambers

October
2019
Illinois Law Update
, Page 14
On July 9, 2019 (with a correction issued on July 19, 2019), the First District Appellate Court reversed and remanded the conviction of a defendant after bench trial of misdemeanor battery, misdemeanor resisting a peace officer, operating an unsafe vehicle, DUI, and negligent driving.

Defendant’s pro se motion to explain absence from sentencing merits consideration

May
2019
Illinois Law Update
, Page 14
The defendant, with a prior burglary conviction, pleaded guilty to burglary and theft, but then failed to appear at his sentencing hearing. The trial court sentenced the defendant in abstentia to six years of prison.

Defusing the Courtroom

By Ed Finkel
April
2019
Cover Story
, Page 22
We asked judges whether we're all doing enough to keep calm.

Disorganized nonprofit governance decides church power struggle

August
2019
Illinois Law Update
, Page 16
A church’s failure to comply with Illinois’ General Not for Profit Corporation Act led the appellate court to decide that neither side of the power struggle was rightfully in control of the organization’s nonprofit corporate structure.

Disturbing speech prompting school security concerns not protected by the First Amendment

May
2019
Illinois Law Update
, Page 14
On Feb. 28, 2019, the trial court found the defendant guilty beyond a reasonable doubt and convicted him, after bench trial, of disorderly conduct not protected by the First Amendment.

Diversity study commissioned & prevailing wages sought in public works projects

April
2019
Illinois Law Update
, Page 14
The Prevailing Wage Act was amended to include a call for a study on diversity in public works as well as to clarify the way prevailing wages are set locally and objected to.

The “DNA” Client

By Charles J. Northrup
October
2019
Column
, Page 54
Representing clients that can’t, by definition, communicate or make decisions.

Do You Worry About How Much You Worry?

By Dr. Diana Uchiyama
March
2019
Column
, Page 44
When anxiety crosses the threshold from normal to excessive, it's time to seek help.

Doctrine of equitable estoppel does not apply to toll the limitations period in high-profile sexual abuse case

September
2019
Illinois Law Update
, Page 14
On June 21, 2019, the Second District Appellate Court affirmed the trial court’s dismissal of the plaintiff’s tort claims because they were barred by the two-year 735 ILCS 5/13-202 statute of limitations.

Documents, Documents Everywhere

By Bryce Phillips
May
2019
Column
, Page 42
Four simple steps to start your DMS search.

Don’t Overlook Hudson: Still a Seminal Case 11 Years Later

By Adam Ernette
August
2019
Article
, Page 42
A state-of-the-law analysis regarding res judicata and the rule against claim-splitting for attorneys considering taking a voluntary dismissal.

Don’t Think Disaster Can’t or Won’t Happen

By Jennifer Ramovs
January
2019
Column
, Page 44
Planning ahead is the only way to deal with unforeseen disasters. Learn best-practice tips to implement in your firm before disaster strikes.

A Doobious Dilemma

By Rhys Saunders
January
2019
LawPulse
, Page 10
Should Illinois legalize recreational marijuana, an amendment to the Illinois Rules of Professional Conduct adopted in 2016 may already provide cover for attorneys who counsel clients engaged in pot-related ventures.

Drawing a Wide Circle

April
2019
Article
, Page 20
A primer on the different forms of ADR.

DUI stop: No right to be read warning in a language other than English

August
2019
Illinois Law Update
, Page 16
On May 29, 2019, the Third District Appellate Court held that a summary-suspension warning given in English to a suspected drunk driver was adequate despite the driver’s imperfect command of the language.

Elected, Sworn, and on Their Way

June
2019
Column
, Page 50
ISBA elections and new lawyers admitted to the Illinois bar.

Election residency changes enfranchise long-term patients

January
2019
Illinois Law Update
, Page 16
Election restrictions placed on those in healthcare facilities have been modified to be less onerous on those patients in long-term care.

Emergency medical assistance for sexual assault might not lead to arrest if warrant out

October
2019
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Code of Criminal Procedure of 1963 to alter the procedures for effecting a warrant of arrest in certain circumstances.

Employers Put on Notice

By Pete Sherman
July
2019
LawPulse
, Page 10
The Illinois legislature enters the #MeToo era with a sweeping bill targeting workplace harassment.

Ending on a High Note

By Ashley Brandt
July
2019
LawPulse
, Page 10
The Illinois General Assembly votes to legalize cannabis on the last regular day of its spring session.

Enforcing Judgements and Collection Fees

May
2019
Article
, Page 20
An attorney has a judgment against a former client for attorney's fees. So, now what?

Expungement by Algorithm

By Rhys Saunders
October
2019
LawPulse
, Page 10
San Francisco nonprofit to provide Cook County state’s attorney with computing power to automatically expunge cannabis-related offenses.

Extending Your Digital Reach

By Ed Finkel
August
2019
Cover Story
, Page 28
Marketing your firm and establishing your online presence. A sneak preview of the ISBA’s 2019 Solo & Small Firm Conference.

Failure to continuously observe defendant during DUI arrest is not sufficient for motion to suppress breathalyzer results

November
2019
Illinois Law Update
, Page 14
On Aug. 13, 2019, the Second District Appellate Court of Illinois held a police officer’s failure to continuously observe a defendant during an arrest for driving under the influence was not sufficient to approve a motion to suppress breathalyzer test results.

Fairer Fees for All

By Rhys Saunders
April
2019
LawPulse
, Page 10
New court fee, fine, and cost schedules, with low-income litigants in mind.

Family Boundaries

April
2019
Article
, Page 18
A husband wants his in-laws out of the house. His wife wants them to stay.

The Federal Register Website Is Worth Your Time

By Jesse Bowman
May
2019
Column
, Page 46
The Federal Register is superior to pay sites when it comes to researching regulatory history. And, it's free.

A Fee-Sharing Foreshock From California

By Rhys Saunders
September
2019
LawPulse
, Page 10
State Bar of California considering proposals to adopt fee sharing with nonlawyers, who also would be allowed to provide legal services.

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