2025 Articles

Ready To Serve

By Ed Finkel
December
2025
Cover Story
, Page 22
Illinois Supreme Court Chief Justice P. Scott Neville, Jr.’s quest for fairness in the law comes from deep convictions and formative experiences.

Reason Over Hype

By Bridget C. Duignan
September
2025
Column
, Page 8
The ISBA’s practical approach to artificial intelligence.

Reassignment of police officer to different department does not constitute additional discipline

September
2025
Illinois Law Update
, Page 16
On June 26, 2025, the First District of the Illinois Appellate Court found that the reassignment of a police officer to a different department after a settlement agreement did not constitute additional discipline such that the settlement agreement was breached.

Recoupment of benefit received from the CARES Act may be waived if the recipient is without fault

November
2025
Illinois Law Update
, Page 16
On Aug. 26, 2025, the Second District of the Illinois Appellate Court held that an applicant who does not commit fraud in receiving Coronavirus Aid, Relief, and Economic Security Act (CARES Act) benefits is not at “fault” for ineligible payments.

A refinanced loan by a former spouse does not create an encumbrance on the entirety of the home

June
2025
Illinois Law Update
, Page 14
On Feb. 27, 2025, the First District of the Illinois Appellate Court held that when a joint tenant signs a mortgage solely to waive homestead rights, mortgage liens do not attach to their half-interest in the property.

Reformed rules of procedure in administrative review of law enforcement conduct

August
2025
Illinois Law Update
, Page 14
The Law Enforcement Training and Standards Board adopted amendments to the Part entitled Rules of Procedure in Administrative Hearings. The amended Part implements the Illinois Police Training Act, regarding the review of cases of discretionary decertification.

A Reminder for Our Times

By Karen Erger
April
2025
Column
, Page 42
With great power comes great responsibility.

Requirement for tracing seized firearms expanded

October
2025
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Criminal Code. The law now requires law enforcement to trace all seized firearms if they were unlawfully possessed, used for an unlawful purpose, recovered from a crime scene, or suspected of being used in a crime. 

Requirements expanded for retailer record retention

May
2025
Illinois Law Update
, Page 18
The Department of Revenue adopted amendments expanding the recordkeeping requirements for retailers that sell tangible personal property.

Requirements imposed for admission to state-operated facilities for persons with developmental disabilities

May
2025
Illinois Law Update
, Page 18
The Illinois General Assembly amended the Mental Health and Developmental Disabilities Code. Certain requirements must be met for any individual or guardian seeking admission for a person with development disabilities to a state-operated facility, including: that the person must be at least 18 years of age; the individual and their guardian must have received, or attempted to receive, education regarding community-based services; and that the person meets all clinical eligibility requirements, among other requirements.

Retaliation against nursing home residents forbidden

June
2025
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Nursing Home Care Act. Nursing facilities and staff may not retaliate or threaten to retaliate against residents who filed a complaint, testified in a hearing, participated in grievance procedures, or otherwise attempted to assert their rights under the Act.

The Road to Recovery

By Zachary J. Krizel
May
2025
Article
, Page 28
The U.S. Supreme Court’s recent decision on due-process requirements in civil forfeiture proceedings and how Illinois’ current forfeiture scheme provides additional protections beyond those mandated by the Court.

A Round of Applause

By Bridget C. Duignan
November
2025
Column
, Page 10
Celebrating the milestone achievements and enduring leadership of ISBA Executive Director Bob Craghead.

Rural Land in Demand

July
2025
Article
, Page 14
Companies investing in artificial intelligence are looking for land in rural areas to build huge, power-hungry data centers.

SARS-CoV-2 viruses do not cause physical damage to insured property

February
2025
Illinois Law Update
, Page 14
On Nov. 22, 2024, the First District of the Illinois Appellate Court held that the presence of SARS-CoV-2 viruses on surfaces does not result in physical damage to property.

Saying No to Bullying

By Sonni Choi Williams
February
2025
Column
, Page 8
A personal reflection on the results of the Illinois Supreme CourtCommission on Professionalism’s 2024 bullying study.

Self-insured fire protection districts and municipalities providing health care coverage for first responders must include coverage for mental health counseling

January
2025
Illinois Law Update
, Page 16
Amends the Fire Protection District Act to provide that on or after June 1, 2025, all self-insured municipalities and fire protection districts providing health insurance for their employees must include coverage for first responders to receive mental health counseling.

A sentence is not a de facto life sentence when parole is available

August
2025
Illinois Law Update
, Page 14
On June 5, 2025, the Illinois Supreme Court held that an aggregate sentence is not a de facto life sentence when the defendant is eligible for parole.

Sharing a Little Bit of Seoul

By Sonni Choi Williams
June
2025
Column
, Page 8
The outgoing 148th president of the Illinois State Bar Association reflects on the highlights of her term.

Sights, Smells, & Searches

By Emily L. Fitch
June
2025
Article
, Page 26
The Illinois Supreme Court and probable cause to search based on the odor of raw and burnt cannabis.

Social media posts about a trial can constitute a “serious effort” to influence a jury and the resulting verdict

June
2025
Illinois Law Update
, Page 14
On March 31, 2025, the First District of the Illinois Appellate Court held that social media posts about a trial can constitute a “serious effort” to influence a jury.

The Special Needs Client

By Katie Clancy
October
2025
Article
, Page 28
Recognizing and embracing special-needs planning issues with confidence and empathy.

Stand & Deliver

By Peter S. Stamatis, Steven S. Shonder, & Alexander Muhtaris
November
2025
Article
, Page 32
Practical considerations for litigating school-related sex abuse cases.

State Board of Elections allowed to use backup system in case of technical failure

October
2025
Illinois Law Update
, Page 16
The State Board of Elections adopted an amendment to the Part titled Cyber Navigator Program, permitting the use of a backup system to access Cyber Navigator and Illinois Voter Registration System applications and data if the Illinois Century Network (ICN) fails.

State executive order granted immunity for ordinary negligence of healthcare facilities during the COVID-19 pandemic

January
2025
Illinois Law Update
, Page 16
On Oct. 18, 2024, the Illinois Supreme Court held that an executive order issued by Gov. J.B. Pritzker during the COVID-19 pandemic triggered immunity for healthcare facilities under the Illinois Emergency Management Agency Act.

The state may utilize evidence of prior misconduct when the evidence meets narrow requirements

August
2025
Illinois Law Update
, Page 14
On June 5, 2025, the Illinois Supreme Court held that allowing misconduct evidence predicated on a propensity inference was error; however, under the facts of this case, the evidentiary error was harmless.

Statutory costs not discussed in arbitration may still be sought after the arbitration process

June
2025
Illinois Law Update
, Page 14
On March 20, 2025, the Illinois Supreme Court held that statutory costs not discussed during arbitration can still be sought after the arbitration process.

Stop Asian Hate

By Sonni Choi Williams & Ian Williams
May
2025
Column
, Page 10
It’s been more than 40 years since Vincent Chin was beaten to death by two white men in Detroit. How far have we come since then?

Substance abuse disorder treatment standards updated

July
2025
Illinois Law Update
, Page 16
The Department of Human Services (DHS) adopted a new Part entitled Substance Use Disorder Treatment and Intervention Services, authorized under the Illinois Vehicle Code and the Substance Use Disorder Act. This Part replaces the repealed Part entitled Alcoholism and Substance Abuse Treatment and Intervention Licenses.

Summary judgment affirmed in medical malpractice case due to lack of physician-patient relationship

April
2025
Illinois Law Update
, Page 14
On Jan. 17, 2025, the Fourth District of the Illinois Appellate Court held that a physician-patient relationship is not established where the physician provides an informal consultation and does not review any of the patient records.