2020 Articles

Secretary of state to implement an electronic lien and title system

March
2020
Illinois Law Update
, Page 20
The Illinois Vehicle Code was amended to require the secretary of state to implement an electronic lien and title system. Pursuant to section 3-100.1, by July 1, 2021, the secretary of state must “implement, manage, and administer” an electronic lien and title system that will permit a lienholder to “perfect, assign, and release” a lien under the Vehicle Code.

Self-interested eyewitnesses’ testimony may be grounds for postconviction petition

August
2020
Illinois Law Update
, Page 14
On May 12, 2020, the Third District of the Illinois Appellate Court reversed the judgment of the Peoria County Circuit Court by holding that a defendant’s postconviction petition cannot be dismissed where newly discovered evidence shows that an eyewitness’s self-interested testimony may have materially affected the outcome of the trial.

Senior citizens homestead exemption application procedures updated

July
2020
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Property Tax Code to amend application procedures for the senior citizens homestead exemption.

Setting up Shop

By Ed Finkel
February
2020
Cover Story
, Page 20
Advice for attorneys striking out on their own, from those who recently have.

Sexual harassment policies required in school districts

February
2020
Illinois Law Update
, Page 14
The School Code now requires each school district to create, maintain, and implement an age-appropriate policy on sexual harassment.

Should’ve Gotten a Warrant

By Pete Sherman
January
2020
LawPulse
, Page 12
Illinois Supreme Court favors warrantless DUI testing on a case-by-case basis, but not this time.

Showing Due Respect

January
2020
Column
, Page 52
Gov. J.B. Pritzker drops in at the Joint Midyear Meeting.

Sign Anywhere but Here

May
2020
Article
, Page 14
Notaries, signatures, and witnesses during a time of sheltering in place and social distancing.
1 comment (Most recent May 11, 2020)

Sign Here; No Masks or Pens Required

By Pete Sherman
December
2020
LawPulse
, Page 12
The ISBA’s spring 2021 elections are using an online-only process for creating and obtaining signatures for nominating petitions.

Silver Linings in Cloudy Times

By Pete Sherman
July
2020
LawPulse
, Page 10
Pandemic-related data from legal technology usage and consumer surveys point to shifting expectations in the legal market.

So It Begins

By Dennis J. Orsey
July
2020
Column
, Page 8
ISBA’s first president from Madison County reflects on the beginning of his altered, but undeterred, term.

So, You’ve Become a Hermit

By Danielle DavisRoe
November
2020
Column
, Page 40
First steps when relocating your home office from the kitchen table.

Solar Energy in Illinois

January
2020
Article
, Page 20
The future of solar in Illinois is bright.

Some tied cannabis dispensary license applicants will be eliminated from consideration

November
2020
Illinois Law Update
, Page 18
The Department of Financial and Professional Regulation adopted a new Part titled Cannabis Regulation and Tax Act, addressing the process to be implemented when ties exist for the last cannabis licenses available in a particular Bureau of Labor Statistics (BLS) region.

Speaking Into the Mic

By Ed Finkel
December
2020
Cover Story
, Page 22
Podcasts and blogging can expand your reach, build your reputation, and open doors.

Spouse lacked diligence in presenting section 2-1401 claims before entering into marital settlement agreement

June
2020
Illinois Law Update
, Page 14
More than two years after a judgment of dissolution was entered, a wife filed a petition under 735 ILCS 5/2-1401 to set aside a marital settlement agreement and to vacate the decree or, alternatively, to reset maintenance to the date of dissolution.

State Coronavirus Urgent Remediation Emergency (CURE) Fund created 

August
2020
Illinois Law Update
, Page 14
The General Assembly amended the State Finance Act to create the State Coronavirus Urgent Remediation Emergency (State CURE) Fund as a federal trust fund within the Office of the Illinois State Treasurer.

State funds available for select healthcare providers’ pandemic-related expenses

August
2020
Illinois Law Update
, Page 14
In a new provision of the Illinois Public Aid Code, the Illinois Department of Healthcare and Family Services is directed to develop a process for distributing pandemic-related “stability payments” to healthcare entities providing care to Medical Assistance Program recipients.

State may issue and sell bond certificates on a negotiated basis in 2020 and 2021

October
2020
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Coronavirus Urgent Remediation Emergency Borrowing (CURE Borrowing) Act.

State must establish elements of a gang-related offense before shifting the burden to defendant

January
2020
Illinois Law Update
, Page 16
On Oct. 18, 2019, the Illinois Supreme Court vacated a defendant’s conviction for unlawful possession of a firearm by a member of a street gang.

Statement to suspect was not interrogation for purposes of Miranda

January
2020
Illinois Law Update
, Page 16
On Oct. 18, 2019, the First District Court of Appeals declined to reverse a defendant’s conviction for being an armed habitual criminal.

Statute of limitations tackles former football players’ claim before it crosses line of scrimmage

January
2020
Illinois Law Update
, Page 16
On Oct. 21, 2019, the First District Court of Appeals found that an action brought by former football players against a helmet manufacturer was barred by the statute of limitations.

Statutory ban on social-media use as condition of probation found to be unconstitutional

February
2020
Illinois Law Update
, Page 14
The defendant challenged a flat statutory prohibition on accessing social-media websites as a condition of probation to be overbroad and facially unconstitutional.

Steer Clear! Third party found not liable under Domestic Animals Running at Large Act

February
2020
Illinois Law Update
, Page 14
The plaintiff filed suit against the defendant under the Domestic Animals Running at Large Act.

Stepping In

By Rhys Saunders
November
2020
LawPulse
, Page 12
Illinois Supreme Court rules divorced civil-union partners have same visitation and parental rights as divorced stepparents.

Still a Wild Ride

By Charles N. Insler
January
2020
Article
, Page 40
Litigation under the Illinois Biometric Information Privacy Act after Rosenbach.

Stories From the Front Lines

May
2020
LawPulse
, Page 10
ISBA members share their experiences during the COVID-19 pandemic.

Successful claim of ineffective assistance of counsel results from failure to request DNA test

October
2020
Illinois Law Update
, Page 16
On July 13, 2020, the Third District of the Illinois Appellate Court found that a defendant received ineffective assistance of counsel due to failure to request a DNA test.

Supreme Court unable to decide on employee benefits 

August
2020
Illinois Law Update
, Page 14
On May 21, 2020, the Illinois Supreme Court was forced to dismiss a labor-related appeal after a justice recused himself and the remaining justices were unable to secure the four-judge majority constitutionally required to issue a decision.

Surefire Sapphires

By Justice Michael B. Hyman
September
2020
Column
, Page 48
Writing wisdom from the late William Safire.