2022 Articles

Changing course midtrial and advising client against testifying does not constitute ineffective assistance of counsel

February
2022
Illinois Law Update
, Page 14
On Oct. 21, 2021, the Fourth District of the Illinois Appellate Court affirmed a trial court’s denial of an amended postconviction petition.

Charging information with variance in victim’s name may give rise to material ambiguity due to mistaken identity

May
2022
Illinois Law Update
, Page 14
On Feb. 24, 2022, the Third District of the Illinois Appellate Court held that a charging instrument failed to give sufficient notice for the preparation of a defense when the charging document failed to identify who the defendant allegedly contacted in violation of a no-contact order.

Charting the Course

By Amelia Buragas
December
2022
LawPulse
, Page 10
Illinois Judicial Conference announces new three-year strategic plan.

Claim for ineffective assistance of counsel for failure to transfer to juvenile court for sentencing is not waived by guilty plea

November
2022
Illinois Law Update
, Page 18
On Aug. 9, the Second District of the Illinois Appellate Court held that a claim for ineffective assistance of counsel for failing to transfer a case to a juvenile court for a juvenile defendant is not waived by a guilty plea.

Claims made by union member-employees under the Biometric Information Privacy Act are preempted by federal law

May
2022
Illinois Law Update
, Page 14
On Feb. 22, 2022, the First District of the Illinois Appellate Court held that certain Biometric Information Privacy Act claims are preempted by federal law.

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.

A Client or Not a Client? That Is the Question.

By Dennis A. Rendleman
September
2022
Article
, Page 38
Making the case for why a lawyer must have an attorney-client relationship with an individual at the outset before the lawyer refers to another lawyer under a referral-fee agreement.

Compelling in-person supervised visits due to COVID-19 pandemic not moot issue even if such visits were later allowed

April
2022
Illinois Law Update
, Page 14
On Jan. 28, 2022, the First District of the Illinois Appellate Court held that mothers’ complaint compelling in-person supervised visits with their children was not moot even when in-person supervised visits were later allowed during appeal.

Conduct for and in the Court

By Amelia Buragas
August
2022
LawPulse
, Page 10
Illinois Supreme Court releases new Code of Judicial Conduct, to take effect Jan. 1, and creates new Committee on Judicial Security and Safety.

A Constitutional Ship of Theseus

By Christian Ketter
March
2022
Article
, Page 40
What the “Ship of Theseus” metaphor tells us about the changes to the U.S. Constitution, its fortification of America’s principles, and warnings of the country’s allegedly inevitable demise.

Contracted lock company owed a duty of care to third party for injuries suffered

May
2022
Illinois Law Update
, Page 14
On Feb. 16, 2022, the First District of the Illinois Appellate Court held that a contracted doorstop installer owed third parties a continuing duty of care for injuries.

Conviction reversed on ineffective assistance of counsel grounds

June
2022
Illinois Law Update
, Page 16
On Mar. 7, 2022, the First District of the Illinois Appellate Court vacated a conviction because failure to argue suppression of evidence under the fruit-of-the-poisonous-tree doctrine constituted ineffective assistance of counsel.

A court may appoint special advocates for minors in hearings and proceedings

May
2022
Illinois Law Update
, Page 14
The Juvenile Court Act of 1987 is amended to allow courts to appoint special advocates for juveniles in certain circumstances.

COVID-19 not a “physical loss” that triggers insurance coverage

June
2022
Illinois Law Update
, Page 16
On Mar. 21, 2022, the First District of the Illinois Appellate Court held that disruptions to a restaurant’s business during the COVID-19 pandemic constituted an economical, but not physical, loss within the meaning of an insurance policy.

Creating a Legacy

By Sandra Crawford & Corinne Heggie
November
2022
Column
, Page 48
Consider the Illinois Bar Foundation’s planned-giving initiative when contemplating your legacy.

Criminal Protective Orders: A Practitioner’s Guide

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

Curing the Post-Road Downs

By Karen Erger
December
2022
Column
, Page 44
After finishing a Big Project, find time to celebrate, and then move ahead with lessons learned. 

Deadline modified for licensees to file annual audited financial statements

October
2022
Illinois Law Update
, Page 16
The Department of Financial and Professional Regulation amended the Transmitters of Money Act. It requires licensees to file their statutorily required annual audited financial statements no later than 120 days after the end of the licensee’s fiscal year from the former deadline of Dec. 1.

Defendants cannot compel arbitration after arbitration provision is terminated

October
2022
Illinois Law Update
, Page 16
On July 18, 2022, the First District of the Illinois Appellate Court held that a contract’s arbitration provision was unenforceable when the contract terminated upon a party’s death.

Defendant’s rights not violated when courtroom was closed during sexual assault victim’s testimony

March
2022
Illinois Law Update
, Page 18
On Dec. 16, 2021, the Illinois Supreme Court reversed an Illinois Appellate Court decision for a new trial following a trial judge’s clearing of the courtroom for a minor victim’s testimony in a sexual assault case.

Defense counsel must certify consulting with defendant about guilty plea to strictly comply with Rule 604(d)

April
2022
Illinois Law Update
, Page 14
On Jan. 21, 2022, the Illinois Supreme Court held that counsel must strictly comply with Rule 604(d) and overruled its 2019 decision in People v. Peltz.

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.

Dementia training requirements added for individuals serving community care program members

August
2022
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Illinois Act on Aging, adding training requirements for department employees and contractors who serve individuals participating in the Community Care Program.

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.

Department of Corrections must appoint a point of contact for the public

June
2022
Illinois Law Update
, Page 16
The Unified Code of Corrections has been amended to require a statewide point of contact at the Department of Corrections.

Department of Public Health establishes requirements for infection prevention professionals

July
2022
Illinois Law Update
, Page 14
The Department of Public Health adopted amendments to the Skilled Nursing and Intermediate Care Facilities Code. The amendments implement requirements for nursing facilities to designate infection prevention professionals. The amendment also implements policies to monitor and control infectious and communicable diseases.

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.

Digital Forensics

By Ed Finkel
February
2022
Cover Story
, Page 18
How the rich amount of data on mobile devices is hiding in plain sight.

Discharged With Care

By Monique Patton Woody
August
2022
Article
, Page 32
Mental health treatment plans that minimize litigation and promote long-term patient success.

Dismissal of tenured school guidance counselor improper

August
2022
Illinois Law Update
, Page 16
On May 20, the Third District of the Illinois Appellate Court reversed a school board’s dismissal of a tenured guidance counselor.