2022 Articles

Resentencing judge abused discretion by imposing longer sentence than agreed upon by state and defendant

December
2022
Illinois Law Update
, Page 12
On Sept. 30, 2022, the First District of the Illinois Appellate Court held that the resentencing judge abused his discretion when he imposed a longer sentence upon the defendant than the government and state agreed on.

Responding to Microaggression

February
2022
Column
, Page 8
A reader takes issue with an attorney’s response to colleague.
1 comment (Most recent May 16, 2022)

Restorative Justice Privilege

By Hon. Stuart Katz (ret.) & Patrick Keenan-Devlin
February
2022
Article
, Page 36
The applicability of a new law establishing an evidentiary privilege between participants involved in a restorative justice practice.

Restrictions for “distressed facilities” due to violations or deficiencies

September
2022
Illinois Law Update
, Page 16
The Department of Public Health adopted amendments to the Intermediate Care for Developmentally Disabled Facilities Code, adding criteria and procedures for determining whether a facility is “distressed” and restrictions for any “distressed facility” under the Nursing Home Care Act.

The Return of the Illinois Bar Journal Caption Contest

July
2022
Column
, Page 50
We have a winner!

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.

School districts serving grades six through 12, public colleges, and public universities must include suicide prevention information on certain materials

November
2022
Illinois Law Update
, Page 18
The Illinois General Assembly amended the School Code, adding requirements for school districts to include suicide prevention information on identification cards.

The Search Is On

By Jesse Bowman
July
2022
Column
, Page 42
Artificial intelligence-driven products provide a boost to your search for relevant authorities.

Secure Choice Savings Program now covers employers with five or more employees

May
2022
Illinois Law Update
, Page 14
The Office of the Treasurer amended the Secure Choice Savings Program. Eligibility for the program is expanded to cover employees who are 18 years or older and work for an employer with at least five employees.

Select Committees

By Amelia Buragas
September
2022
LawPulse
, Page 10
Catching up with a few of the dozens of Illinois Supreme Court committees and task forces.

Setting the Stage for Good

By Sandra Crawford & Lisa M. Nyuli
July
2022
Column
, Page 48
The Illinois Bar Foundation prepares for a year of giving, in-person events, and revamped programs.

The Seven Team Members From Hell

By Karen Erger
June
2022
Column
, Page 48
What to expect when encountering seven kinds of dysfunctional teammates.

Sexual assault survivors may present for medical examination after seven days following the assault

July
2022
Illinois Law Update
, Page 14
The Department of Public Health adopted amendments to the Sexual Assault Survivors Emergency Treatment Code. The amendment allows sexual assault survivors to obtain a medical forensic examination and have evidence collected after seven days following the assault.

Small businesses under the Secure Choice Savings Program Act now subject to employer tax penalties for noncompliance

November
2022
Illinois Law Update
, Page 18
The Department of Revenue adopted a new Part titled Secure Choice Savings Program Act, implementing the statute of the same name. The Part allows the department to assess and collect penalties from those employers subject to the Act who fail to enroll employees in the Secure Choice Savings Program.

Smell of burnt cannabis alone insufficient to establish probable cause to search a vehicle

December
2022
Illinois Law Update
, Page 12
On Sept. 19, 2022, the Third District of the Illinois Appellate Court held that the smell of burnt cannabis alone is insufficient to establish probable cause to search a vehicle.

So Many Federal Regulations

By Jesse Bowman
November
2022
Column
, Page 44
Exploring the Office of Information and Regulatory Affairs’ content-rich website.

Some Facts About Writing the Facts

By Justice Michael B. Hyman
May
2022
Column
, Page 44
When writing, get the facts right.

Spring Has Sprung!

By Anna P. Krolikowska
April
2022
Column
, Page 8
And with it, comes the welcomed return of a few in-person ISBA events.

State must return car seized after DUI to innocent co-owner

September
2022
Illinois Law Update
, Page 16
On June 30, 2022, the Third District of the Illinois Appellate Court held that Criminal Code forfeiture proceedings do not apply to individuals who are deemed innocent owners.

Staying Ahead of the Curve

By Pete Sherman
April
2022
LawPulse
, Page 10
The ISBA’s new strategic plan lays the groundwork for richer membership experiences, more communication, and greater diversity.

Strict Compliance Means Strict Compliance

By Amelia Buragas
April
2022
LawPulse
, Page 10
Illinois Supreme Court settles how to follow one of its rules to the letter.

Subscriber not subject to family member exclusion within auto liability insurance policy in auto accident that took place while driving father’s car

September
2022
Illinois Law Update
, Page 16
On June 27, 2022, the Third District of the Illinois Appellate Court held that a vehicle was not excluded from liability coverage because the family member exclusion did not apply, and the vehicle was not available for “regular” use.

Substantial probability to reoffend incorporated into the definition of a sexually dangerous person

February
2022
Illinois Law Update
, Page 14
On Nov. 18, 2021, the Illinois Supreme Court held that if an individual is found to be a sexually dangerous person under the Sexually Dangerous Persons Act (Act), it is not necessary to make a separate and express finding that the individual is substantially probable to reoffend.

Successive postjudgment motions do not toll time for notice of appeal

May
2022
Illinois Law Update
, Page 14
On Feb. 4, 2022, the First District of the Illinois Appellate Court held that successive postjudgment motions do not toll time for filing a notice of appeal.

Supported decision-making agreements as an alternative to guardianship for adults

June
2022
Illinois Law Update
, Page 16
This Act creates the Supported Decision-Making Agreement Act, which enables supported decision-making agreements for adults with intellectual and developmental disabilities.

A Supreme Site

By Jesse Bowman
March
2022
Column
, Page 48
A quick cheat sheet for accessing some of the U.S. Supreme Court website’s more helpful resources.

Surviving the Feedback Desert

By Patrick Barry
September
2022
Column
, Page 46
The Illinois Bar Journal is pleased to introduce Feedback Loops, a quarterly column that explores how to give and receive high-quality feedback.

Tenured teachers face new evaluation timeframes

August
2022
Illinois Law Update
, Page 16
The State Board of Education adopted an amendment to Evaluation of Educator Licensed Employees under the School Code. The amendment implements the School Code’s new evaluation timeframes for teachers.