2020 Articles

No conflict of interest where defense attorney previously represented intended victim

August
2020
Illinois Law Update
, Page 14
On May 21, 2020, the Illinois Supreme Court affirmed the Second District of the Illinois Appellate Court by holding that a defense attorney does not face a per se conflict of interest when he or she represents a defendant whose alleged crime targeted someone previously represented by the attorney.

No conviction for resisting arrest available where no legitimate arrest occurs 

August
2020
Illinois Law Update
, Page 14
On May 15, 2020, the Second District of the Illinois Appellate Court reversed the judgment of the Stephenson County Circuit Court that the defendant resisted or obstructed a peace officer’s authorized acts. 

Noncommunity public water systems to require recurrent sanitary surveys and monitoring

December
2020
Illinois Law Update
, Page 16
The Department of Public Health adopted amendments to the Drinking Water Systems Code, adding an assessment process for total coliform bacterial contamination in noncommunity public water systems (NCPWS).

Numerous funds reimbursed from proceeds of Illinois tax-exempt bonds

November
2020
Illinois Law Update
, Page 18
The Illinois General Assembly amended the June 5, 2019, Appropriations Act, altering the costs of projects funded by appropriations.

Occupational and professional licenses may no longer be denied based solely on an applicant’s citizenship or immigration status

June
2020
Illinois Law Update
, Page 14
The Civil Administrative Code of Illinois was amended by adding section 5-725, which mandates that, unless otherwise provided by law, no department may deny an applicant an occupational or professional license based solely on the applicant’s citizenship or immigration status.

Offender under age 21 allowed to file a successive postconviction petition as a minor

September
2020
Illinois Law Update
, Page 18
On June 11, 2020, the First District of the Illinois Appellate Court reversed and remanded a decision by the trial court denying an offender under age 21 the opportunity to file a successive postconviction petition based on evolving pertinent law and science.

Officers may not search computer files outside the scope of an active warrant

February
2020
Illinois Law Update
, Page 14
The defendant argued the Illinois State Police violated his right to privacy and Fourth Amendment rights against unlawful searches and seizures when investigators searched his “EnCase” evidence file without a warrant.

Online learning requirements updated

September
2020
Illinois Law Update
, Page 18
Public Act 101-0643 amends the School Code. Grants for preschool education programs have been altered, and grantees may now serve the children of essential workers if the governor declares a disaster due to a public-health emergency.

Oral Arguments: More and Less Remote

By Amanda Hamilton
November
2020
Article
, Page 30
Appellate advocacy and the importance of effective oral argument.

An ordinance’s plain language determines whether it imposes a fee or a fine

November
2020
Illinois Law Update
, Page 18
On Aug. 26, 2020, the Fifth District of the Illinois Appellate Court found that a municipal ordinance provided for a fee rather than a fine in light of the plain language of the ordinance.

Our Success Is Mutual

By David B. Sosin
June
2020
Column
, Page 8
Celebrating the ISBA Mutual Insurance Company’s 32 years of service.

Outgoing ISBA President David Sosin expresses his gratitude. Also, the winner of the Member Appreciation Month Caption Contest.

June
2020
Column
, Page 46
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A Palpable Conflict

By Anthony J. Longo & John M. Fitzgerald
November
2020
Article
, Page 26
Does the law-of-the-case doctrine trump subject-matter jurisdiction?

Pandemic Provisions

By Pete Sherman
June
2020
LawPulse
, Page 10
The ISBA and Illinois law school deans want to give law school grads who haven’t taken the bar exam more options in the private sector.

Party’s decision to terminate contract dispels all duties absent relevant survival clause

July
2020
Illinois Law Update
, Page 14
On May 1, 2020, the Third District Appellate Court held that the circuit court improperly granted summary judgment in favor of the defendant when it held that the plaintiff breached its contract by failing to provide notice to the defendant prior to pursuing a legal remedy.

Perils of the Postjudgment Motion

By Reuben A. Bernick
April
2020
Article
, Page 30
Avoid common pitfalls to ensure you don’t lose your appeal before you even file it.

A Personal Matter

By Rhys Saunders
July
2020
LawPulse
, Page 10
Illinois Supreme Court continues to refine the limits of specific personal jurisdiction.

Petitions challenging video gaming agreements

February
2020
Illinois Law Update
, Page 14
The Illinois Gaming Board (IGB) adopted an amendment to Video Gaming (General). The amendment authorizes IGB to rule on petitions brought by interested parties, such as terminal operators and licensed video-gaming locations, alleging that an agreement or portion of an agreement purporting to control the location and operation of video-gaming terminals is invalid.

Physician assistants given authority to prescribe schedule II substances

April
2020
Illinois Law Update
, Page 16
The Department of Financial and Professional Regulation adopted amendments to the Physician Assistant Practice Act of 1987 implementing the sunset reauthorization of the Act.

A Picture Is Worth a Thousand Words

By Arlo Walsman
February
2020
Article
, Page 34
The Illinois Supreme Court clarifies the law regarding the admissibility of photographs of vehicles after accidents in personal injury cases.

Plain language in will created lifetime power of disposition rather than testamentary power

June
2020
Illinois Law Update
, Page 14
White’s will gave his interest in a farmland to his brother and his brother’s wife as a life estate with a power of disposition.

Plea of guilty but mentally ill found valid despite later motion to withdraw

April
2020
Illinois Law Update
, Page 16
On Jan. 30, 2020, the Fifth District Appellate Court affirmed a lower court’s ruling denying a defendant’s motion to withdraw his plea of guilty but mentally ill.

Police justified in searching house and finding marijuana when responding to 911 call

December
2020
Illinois Law Update
, Page 16
On Aug. 24, 2020, the Second District of the Illinois Appellate Court affirmed a trial court ruling that police officers’ entry into a home was justified and the officers were lawfully in the defendant’s premises when they saw cannabis in plain sight.

Political committee loans not repaid or forgiven must be reported as an asset held by the campaign

March
2020
Illinois Law Update
, Page 20
The State Board of Elections has adopted a new rule designed to more efficiently track loans made to candidates by political committees and to increase the transparency of financial-disclosure reporting by campaigns.

Postconviction petition granted when court admonished defendant without interpreter

September
2020
Illinois Law Update
, Page 18
On June 16, 2020, the First District of the Illinois Appellate Court found that a defendant had provided a gist of a constitutional claim for purposes of filing a postconviction petition when a trial court, without the assistance of an interpreter, pronounced him guilty.

Postjudgment interest starts to accrue on date appellate court enters judgment

July
2020
Illinois Law Update
, Page 14
On April 28, 2020, the Second District Appellate Court held that interest did not begin to accrue on a $1.5 million general jury verdict until the appellate court reversed the circuit court’s overturning of the general verdict.

Postpandemic Plans

By Karen Erger
August
2020
Column
, Page 46
The joys of looking forward to postpandemic life.

Psychological Tolls

By Dr. Diana Uchiyama
December
2020
Column
, Page 42
An expanded look at the impacts of civil and political unrest, economic instability, and COVID-19.

Public Participation in the Air Pollution Control Permit Program updated to provide clearer procedural guidelines

September
2020
Illinois Law Update
, Page 18
The Illinois Environmental Protection Agency adopted amendments to Public Participation in the Air Pollution Control Permit Program.

Public Records Shortcuts

By Jesse Bowman
September
2020
Column
, Page 46
Two free websites guide the way to thousands of public-records databases.