2021 Articles

Secretary of state prohibited from sharing photographs taken for state IDs and driver licenses with federal immigration authorities

November
2021
Illinois Law Update
, Page 16
This Act amends the Illinois Identification Card Act and the Illinois Vehicle Code. It prohibits the secretary of state from providing facial recognition services or photographs obtained through issuing identification cards to law enforcement or government entities to enforce federal immigration laws.

Security-effectiveness exception to the Illinois Freedom of Information Act includes “potential attacks”

October
2021
Illinois Law Update
, Page 14
The plaintiff sued the defendant seeking disclosure under the Illinois Freedom of Information Act (FOIA) of surveillance video of a subway platform that showed one customer pushing another off the platform and onto the tracks at the Washington Blue Line subway station in August 2017.

See You Soon!

By Anna P. Krolikowska
July
2021
Column
, Page 8
ISBA’s 2021-22 president announces plans for the year, including in-person events.

Selling Land Owned With No Survivorship

September
2021
Article
, Page 10
Using bond in lieu of probate for transferring title.

Service of documents via email permitted for Illinois Educational Labor Relations Board proceedings

May
2021
Illinois Law Update
, Page 16
The Illinois Educational Labor Relations Board adopted an amendment to its general procedures in an effort to accommodate changes in the board’s activities due to the COVID-19 pandemic. Since some educational offices and educational employee representative offices are still closed, the amendment implements a procedure for electronic service of documents that is in the best interests of the board and the parties appearing before it.

Setting a High Bar, for Good

By Anna P. Krolikowska
August
2021
Column
, Page 10
On the ISBA adopting its first Code of Conduct.

Settlement agreements for a decedent’s estate must be signed by trustees

January
2021
Illinois Law Update
, Page 14
On Oct. 20, 2020, the First District of the Illinois Appellate Court held that settlement agreements for trusts must be signed by a trustee to be enforceable because the trustee is a necessary party.

Sex education course material and instruction must include an age-appropriate discussion of sexting

December
2021
Illinois Law Update
, Page 14
The School Code is amended to include in the school curriculum an age-appropriate discussion about sexting.

Sign, Sign Away

By Ray Prather
November
2021
Article
, Page 24
Three new laws provide the most significant changes to electronic documents and signatures in more than 20 years. Illinois attorneys have an obligation to understand these new laws and how to incorporate them into their practices.

Small businesses minimum-wage tax credits adopted

January
2021
Illinois Law Update
, Page 14
The Department of Revenue adopted an amendment implementing new rules for minimum-wage tax credits. The amendment replaces an earlier emergency provision that has since expired, and it is a response to the new state minimum wage, which took effect on Jan. 1, 2020.

Small Town Law

By Ed Finkel
February
2021
Cover Story
, Page 18
ISBA’s Rural Practice Initiative encourages law students and recent graduates to settle down in a small town.
1 comment (Most recent February 3, 2021)

Social Isolation and Bullying in the Workplace

By Dr. Diana Uchiyama
December
2021
Column
, Page 42
When the workplace is a wicked place.

Social science learning standards for grades K-12 clarified

November
2021
Illinois Law Update
, Page 16
The State Board of Education updated the social science learning standards for K-12 students. For the 2022-23 school year, the social science learning standards will consist of inquiry standards and disciplinary standards.

Some Mistakes Aren’t Set in Stone

By Karen Erger
August
2021
Column
, Page 44
Wiping the slate clean and making things right with those to whom we’ve done wrong.

Spit Custody

By Amber Hopkins-Reed
July
2021
Article
, Page 42
Although familial DNA database searches have been used as a law-enforcement aid across the U.S., these searches have yet to be scrutinized by many courts, including in Illinois.

Spouse is not entitled to equity award if not mentioned in marital settlement agreement

September
2021
Illinois Law Update
, Page 18
On June 18, 2021, the Second District of the Illinois Appellate Court held that a marital settlement agreement (MSA) incorporated in a final judgment for dissolution of marriage trumps an earlier bifurcated judgment for dissolution of marriage

State superintendent may mandate use of remote learning during public health emergencies

May
2021
Illinois Law Update
, Page 16
The Illinois State Board of Education adopted amendments establishing education protocols to be followed whenever the governor declares a disaster due to a public health emergency. Specifically, the rulemaking addresses the implementation of remote-learning days and “blended” remote-learning days, teacher performance evaluations, and certain graduation requirements.

Still Weeding Out the Problems

By Pete Sherman
July
2021
LawPulse
, Page 10
The Illinois Supreme Court rules on its first cannabis business case.

Students can be restrained only in face-up positions

October
2021
Illinois Law Update
, Page 14
The State Board of Education adopted amendments to Public Schools Evaluation, Recognition and Supervision, effective June 24, 2021, concerning the use of restraints in special-needs situations when necessary for the safety of students and staff.

Substantial change not necessary when spouse fails to abide by dissolution judgment

June
2021
Illinois Law Update
, Page 14
On March 5, 2021, the First District of the Illinois Appellate Court held that a wife was entitled to recover from her husband when the husband failed to abide by their dissolution judgment.

Supported by Champions

By Lisa M. Nyuli
November
2021
Column
, Page 44
The IBF’s Fellows will become Champions. Plus, details about the IBF’s cy pres grant program.

Supreme Court’s 2016 decision to abolish public-duty rule applies only prospectively

February
2021
Illinois Law Update
, Page 14
On Nov. 19, 2020, the Illinois Supreme Court held that its abolishment of the public-duty rule in Coleman only applies prospectively.

Supreme Court’s 40-year-cap rule for juveniles applied retroactively

January
2021
Illinois Law Update
, Page 14
On Sept. 24, 2020, the First District of the Illinois Appellate Court held that a juvenile defendant sentenced to more than 40 years is entitled to a new sentencing hearing under the 40-year-cap rule for juveniles in Buffer.

Sweeping reforms implemented to address racial disparities in health care services

August
2021
Illinois Law Update
, Page 18
The Illinois General Assembly enacted Public Act 102-0004, spearheaded by the Illinois Legislative Black Caucus. The legislation focuses on correcting a system of injustice and racism in the Black community that has contributed to higher rates of medical problems among African Americans.

Taking Your Talents Elsewhere

By Pete Sherman
December
2021
LawPulse
, Page 10
New restrictions on noncompete and nonsolicit agreements between Illinois employers and employees take effect Jan. 1.

“Test the waters” doctrine is not a valid basis for denial of a party’s motion for substitution of judge

August
2021
Illinois Law Update
, Page 18
On May 20, 2021, the Illinois Supreme Court reversed and remanded an Illinois Appellate Court’s decision holding that the “test the waters” doctrine was a valid basis for denying a party’s motion for substitution of judge as of right under section 2-1001(a)(2) of the Illinois Code of Civil Procedure.

Testimony that a guilty plea was brought about by police coercion does not overcome the initial plea to warrant certificate of innocence

October
2021
Illinois Law Update
, Page 14
According to the plain and ordinary meaning of section 2-702(g)(4) of the Code of Civil Procedure, a defendant who has pleaded guilty caused or brought about his or her conviction is not entitled to a certificate of innocence.

Testing the Waters

By Rhys Saunders
July
2021
LawPulse
, Page 10
Illinois Supreme Court rules on the right to request a new judge.

Thoughts at 5 a.m.

By Gary R. Gehlbach
February
2021
Article
, Page 24
A veteran attorney shares insights into estate planning and administration.

The Tort Immunity Act’s blanket protection is not constrained by the Emergency Telephone System Act

March
2021
Illinois Law Update
, Page 18
On Dec. 9, 2020, the Fifth District of the Illinois Appellate Court held that the Tort Immunity Act provides comprehensive immunity to 911 dispatchers and local governments that recklessly fail to provide police service.