2022 Articles

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.

No duty of care owed by rooming house owners to a renter who was attacked by fellow renter with a knife

December
2022
Illinois Law Update
, Page 12
On Sept. 7, 2022, the First District of the Illinois Appellate Court held that owners of a rooming house did not owe a duty of care to a renter who was attacked by a fellow renter in a shared area of the rooming house.

No duty of care owed by the Chicago Transit Authority to trespasser who was struck and killed by train after falling from personnel-only area

December
2022
Illinois Law Update
, Page 12
On Sept. 22, 2022, the Illinois Supreme Court held that the Chicago Transit Authority (CTA) did not owe a duty of care to a trespasser struck by one of its trains.

No duty of care owed to child who broke wrist after riding a bike over a sinkhole on a residential street

September
2022
Illinois Law Update
, Page 16
On June 16, 2022, the First District of the Illinois Appellate Court held that the Village of Lincolnwood owed no duty of care to bicyclists on residential streets under the Tort Immunity Act.

No ineffective assistance of counsel where defense did not object to evidence properly admitted through hearsay exception

June
2022
Illinois Law Update
, Page 16
On Mar. 31, 2022, the Second District of the Illinois Appellate Court held that failure to object to hearsay evidence did not constitute ineffective assistance of counsel when it would have been admitted through a hearsay exception.

No plain error in failure to appoint guardian ad litem to juvenile during delinquency proceedings

July
2022
Illinois Law Update
, Page 14
On April 18, 2022, the Fourth District of the Illinois Appellate Court affirmed a juvenile’s conviction and sentence of conditional discharge following adjudication as a juvenile delinquent minor. M.G. was charged with unlawful cannabis possession with intent to deliver and unlawful consumption of alcohol.

No probable cause for a second search of vehicle after a thorough first search yielded no evidence

December
2022
Illinois Law Update
, Page 12
On Sept. 8, 2022, the First District of the Illinois Appellate Court held that there was no probable cause to search a vehicle a second time after a thorough first search yielded no illegal evidence.

The Nonlawyer Ownership Issue

By Ed Finkel
November
2022
Cover Story
, Page 22
The ISBA took a leading role in securing the American Bar Association’s reaffirmation this August that nonlawyer ownership of law firms and fee sharing with nonlawyers are contrary to the core values of the legal profession.

Nonprofit corporation subject to Illinois Human Rights Act for holding events at places of public accommodation

November
2022
Illinois Law Update
, Page 18
On Aug. 19, the Second District of the Illinois Appellate Court held that a nonprofit corporation was subject to the Illinois Human Rights Act.

Not Under Control

By Maria Puppo Martinez
April
2022
Article
, Page 24
Should “coercive control” be introduced into the Illinois Domestic Violence Act? Plus, helpful tips for representing survivors of abuse.

Not-so-Firm Rules

By Michael L. Shakman & Diane F. Klotnia
November
2022
Article
, Page 26
Navigating conflicting rules governing nonlawyer ownership of law firms and lawyer ownership of or involvement with entities that provide ancillary services to clients in several jurisdictions.

Notes About Quotes

By Justice Michael B. Hyman
March
2022
Column
, Page 46
Use quotations to serve your writing, not the other way around.

Nursing homes required to regularly test water systems for Legionella bacteria

September
2022
Illinois Law Update
, Page 16
The Department of Public Health amended the Skilled Nursing and Immediate Care Facilities Code, the Sheltered Care Facilities Code, and the Illinois Veterans’ Homes Code, requiring all covered facilities to adopt policies for regular water systems testing for Legionella bacteria, which causes Legionnaire’s disease.

Off the Scent

By Amelia Buragas
November
2022
LawPulse
, Page 12
The Third District of the Illinois Appellate Court’s holding on automobile searches based on the scent of burnt cannabis alone.

On-Demand and In-Demand, It’s All Part of the Plan

September
2022
Column
, Page 50
Thanking those behind the creation of hundreds of hours of Illinois State Bar Association continuing legal education programming.

One fingerprint found in the victim’s apartment may be sufficient to convict a defendant of burglary

April
2022
Illinois Law Update
, Page 14
On Jan. 21, 2022, the Illinois Supreme Court held that a single, partial fingerprint might be sufficient to uphold a residential burglary conviction.

One-act, one-crime rule violated when only one firearm was involved in multiple firearm convictions

May
2022
Illinois Law Update
, Page 14
On Feb. 2, 2022, the First District of the Illinois Appellate Court reversed and remanded a trial court’s finding involving three separate convictions with instructions to merge the offenses after a one-act, one-crime rule violation.

Open-and-obvious doctrine does not apply unless the injury is caused by a condition on the land

October
2022
Illinois Law Update
, Page 16
On July 15, 2022, the Fourth District of the Illinois Appellate Court held that the open-and-obvious doctrine only applies when a condition on the land causes a plaintiff’s injury.

Optometrists authorized to administer COVID-19 vaccines

September
2022
Illinois Law Update
, Page 16
This Act amends the Illinois Optometric Practice Act of 1987. The amendment allows licensed optometrists to independently administer the COVID-19 vaccine to patients 17 years and older upon completion of appropriate training.

Organizations receiving government grants to install electric car charging stations must comply with the Prevailing Wage Act

February
2022
Illinois Law Update
, Page 14
The Electric Vehicle Act is amended to require organizations or companies that receive government grants to install electric car charging stations to comply with the Prevailing Wage Act.

Our Finest Hours

By Rory T. Weiler
September
2022
Column
, Page 8
The harm done by the reign of the billable hour.

Pandemic Fatigue

By Dr. Diana Uchiyama
March
2022
Column
, Page 50
Overcoming COVID-19 malaise, building resilience, and watching for open doors.

Paradigm Shifting

By Rory T. Weiler
July
2022
Column
, Page 8
In his inaugural President’s Page column, ISBA President Rory T. Weiler weighs in on access to justice; diversity, equity, and inclusion; and the practice of law in Illinois.

Parking lot owned by school and utilized for school purposes held to be “real property comprising any school” under Criminal Code

September
2022
Illinois Law Update
, Page 16
On June 16, 2022, the Illinois Supreme Court affirmed the conviction of a registered sex offender who attended a festival, holding sex offenders are prohibited from entering such areas.

Patient discharge, referral, and medical instrument use requirements updated for hospitals

August
2022
Illinois Law Update
, Page 16
The Department of Health amended the Hospital Licensing requirements. Hospitals must post the rights listed by the Medical Patient Rights Act on websites and at prominent locations within their buildings. In addition, hospitals may not discharge or refer patients to health care facilities that are unlicensed, uncertified, or unregistered.

Pay Plan amended to implement collective bargaining agreements and update wage provisions

October
2022
Illinois Law Update
, Page 16
The Department of Central Management Services (CMS) amended its Pay Plan. Pay- rate changes are based on current collective bargaining agreements, Civil Service Commission actions, and merit compensation system updates (MS).

Persons in police custody have the right to make three telephone calls no later than three hours after arrival at the place of detention

May
2022
Illinois Law Update
, Page 14
The Code of Criminal Procedure is amended to afford persons in police custody three telephone calls free of charge. No later than three hours after arriving at the first place of detention, the detainee must be given access to a telephone to make three phone calls.

Pet stores may no longer sell dogs or cats sourced from breeders

July
2022
Illinois Law Update
, Page 14
This Act amends the Animal Welfare Act by prohibiting pet store operators from selling dogs or cats obtained from dog breeders, cat breeders, or individuals who resell dogs or cats from breeders or auctions.

Phone call to out-of-state doctor treating plaintiff for unrelated condition insufficient to establish specific personal jurisdiction over doctor

October
2022
Illinois Law Update
, Page 16
On July 22, 2022, the First District of the Illinois Appellate Court held that a phone call to an out-of-state doctor who treated the plaintiff for an unrelated condition was not a sufficient purposeful contact required to establish specific personal jurisdiction.

Photographer bearing media credential referencing a website with mandatory arbitration clause may not have assented to such terms

February
2022
Illinois Law Update
, Page 14
On Nov. 16, 2021, the First District of the Illinois Appellate Court held that there is a genuine issue of fact about whether a contract existed when a photographer bears a media credential that provides for mandatory arbitration.