Illinois Bar Journal

2022 Articles

Any individual may file a motion to vacate and expunge a conviction for a prior class 4 felony violation of prostitution

January
2022
Illinois Law Update
, Page 16
The Criminal Identification Act is amended to allow any individual to file a motion to vacate and expunge a conviction for a prior class 4 felony violation of prostitution.

A Balanced Life

By Ed Finkel
January
2022
Cover Story
, Page 20
Over the course of one’s career, in reaction to life changes or simply because of burnout, what matters can change.

Classification for man-made THC substance updated

January
2022
Illinois Law Update
, Page 16
The Illinois Department of Human Services amended its schedule of controlled substances. The amendment classifies dronabinol capsules as a “schedule III” substance and adds it to the list of Illinois controlled substances.

Criminal Protective Orders: A Practitioner’s Guide

By Benjamin Lawson
January
2022
Article
, Page 34
A deep dive into Illinois’ criminal protective order statute.

Defining Lewdness

By Christopher Keleher
January
2022
Article
, Page 38
Lower courts are largely rudderless in an era of smartphones and selfies when it comes to defining lewdness and child pornography.

Department of Children and Family Services may not interfere with the First Amendment rights of minors in its custody

January
2022
Illinois Law Update
, Page 16
The Juvenile Court Act of 1987 is amended by adding a new section titled “Access to news media.” All youths in the custody or guardianship of the Department of Children and Family Services are entitled to the freedom of speech guaranteed by the U.S. and Illinois constitutions.

Digital files support a child pornography charge

January
2022
Illinois Law Update
, Page 16
On Oct. 21, 2021, the Illinois Supreme Court held that a search that uncovered child pornography did not violate the Fourth Amendment.

Don’t Out-PACER Yourself

By Jesse Bowman
January
2022
Column
, Page 48
The Free Law Project’s crowdsourced tools rival PACER.

Electronic surveillance officer training upgraded to reflect new technology

January
2022
Illinois Law Update
, Page 16
The Illinois State Police amended Certification and Training of Electronic Criminal Surveillance Officers. The amendment reflects advancements in technologies that have made the certification process for existing levels of Electronic Criminal Surveillance Officers (ECSOs), involving physical installation of devices, unnecessary.

Employers must disclose differences in insurance coverage benefits

January
2022
Illinois Law Update
, Page 16
The Consumer Coverage Disclosure Act is enacted to require an employer that provides group health insurance coverage, upon request, to furnish a list that compares its group coverage benefits with the individual health insurance coverage benefits mandated by the state.

“Fruit of poisonous tree” doctrine does not apply when a video recording is created simultaneously with an illegal audio recording

January
2022
Illinois Law Update
, Page 16
On Oct. 21, 2021, the Illinois Supreme Court held that the fruit-of-the-poisonous-tree doctrine did not apply when a video recording was created simultaneously with an illegal audio recording because the video could not have been derived from the audio.

General Member Referral Directory

January
2022
Column
, Page 29
Find a qualified ISBA member when a case falls outside of your area of practice.

Happy 145th, ISBA

By Anna P. Krolikowska
January
2022
Column
, Page 8
ISBA passes another milestone this month. Join the celebration!

Law Practice for Sale

By Robert V. Schaller
January
2022
Article
, Page 24
Expanding the pool of eligible buyers increases a seller’s chances of obtaining top dollar for their practice.

Lawyers Can Make Lousy Clients

By Charles J. Northrup
January
2022
Column
, Page 46
When going pro se, glean some wisdom from the Illinois Rules of Professional Conduct.

Mandatory Mediation Means Many Things

By Pete Sherman
January
2022
LawPulse
, Page 12
The U.S. Southern District of Illinois joins a long list of other courts requiring mandatory mediation for many kinds of cases.

Motion to quash service unsupported when recipient of substitute service does not have the subjective mental capacity to understand the importance of service documents

January
2022
Illinois Law Update
, Page 16
On Sept. 30, 2021, the First District of the Illinois Appellate Court held that leaving a summons with a mentally impaired adult is a valid service of process.

No conflict of interest exists when a defense attorney has also represented the victim of the defendant’s crime if the representation has concluded before trial

January
2022
Illinois Law Update
, Page 16
On Oct. 21, 2021, the Illinois Supreme Court held that no per se conflict exists where defense counsel previously represented the victim of the defendant’s crime if the representation concluded before trial.

Postjuvenile conviction does not support the armed habitual provision of the Criminal Code

January
2022
Illinois Law Update
, Page 16
On Oct. 12, 2021, the First District of the Illinois Appellate Court reversed a trial court’s judgment that a juvenile was an armed habitual criminal.

Racial disproportionality of children and parents involved in the child welfare system to be examined

January
2022
Illinois Law Update
, Page 16
The Racial Disproportionality in Child Welfare Task Force Act is enacted to examine the racial disparities of children and families in the child welfare system and to identify practices that could reduce such racial disproportionality.

Ready to Lead?

By Rory T. Weiler
January
2022
Column
, Page 10
Nominate Yourself for an ISBA Committee or Section Council

Revenue generated from firearm and ammunition tax does not survive constitutional uniformity challenge

January
2022
Illinois Law Update
, Page 16
On Oct. 21, 2021, the Illinois Supreme Court held that where a tax classification directly bears on a fundamental right, the government must substantially relate the tax classification to the object of the legislation.

The right to be physically present in termination of parental rights proceedings is not absolute

January
2022
Illinois Law Update
, Page 16
On Oct. 15, 2021, the First District of the Illinois Appellate Court affirmed a trial court’s decision terminating parental rights after proceedings were conducted almost exclusively via Zoom.

School districts and community colleges shall ensure that students with disabilities have access to dual-credit courses

January
2022
Illinois Law Update
, Page 16
The Dual Credit Quality Act is amended to require each community college district, in partnership with area high schools, to ensure students with disabilities have access to dual-credit courses and relevant supplementary aids if they meet the entry criteria.

They Spy With Their One-Pixel Eye

By Jeffrey R. Schoenberger
January
2022
Column
, Page 44
Fighting back against tracking pixels, a new insidiously clever email tool used by spammers and scammers.

Updated education standards include Spanish and computer science in K-12 classrooms

January
2022
Illinois Law Update
, Page 16
The Illinois State Board of Education amended Public Schools Evaluation, Recognition and Supervision. The amendment modifies an existing computer science framework by introducing emerging technologies such as artificial intelligence, quantum computing, augmented reality, and robotics, beginning in the 2022-23 school year.

The Year of Being Well

By Pete Sherman
January
2022
LawPulse
, Page 12
New initiatives will target mental health in the legal profession and courts in 2022.