2026 Articles

Ambitious Plans for a Vast System

By Bridget C. Duignan
January
2026
Column
, Page 8
Cook County Circuit Court’s new chief judge hits the ground running.

Authorization of mobile driver’s licenses and identification cards

January
2026
Illinois Law Update
, Page 16
The Office of the Secretary of State added the section Mobile Driver’s Licenses and Identification Cards to the Part titled Issuance of Licenses, allowing individuals who hold a current and valid physical Illinois driver’s license to apply for a mobile driver’s license.

Back to the Office?

January
2026
Article
, Page 14
Employee accommodation requests to work from home in a post-COVID-19 world.

Certificates of innocence require proof of innocence for all charged offenses, including nol-prossed counts

January
2026
Illinois Law Update
, Page 16
On Oct. 23, 2025, the Illinois Supreme Court held that a petitioner seeking a certificate of innocence must prove innocence of every offense charged, including counts the state nol-prossed in a plea agreement in addition to the offense for which that petitioner was incarcerated.

Cumulative prejudice caused by counsel’s failure to object to other-acts evidence results in a reversed conviction and remand due to ineffective assistance of counsel

January
2026
Illinois Law Update
, Page 16
On Oct. 31, 2025, the First District of the Illinois Appellate Court held that a defendant received ineffective assistance of counsel where the trial counsel failed to object to, and even stipulated to, other-crimes evidence that had been barred before trial. Counsel also failed to object to hearsay testimony that bolstered the complaining witness’s credibility, as well as referenced the same inadmissible hearsay testimony multiple times at trial.

Defective jury instructions not sufficient to overturn conviction when the defendant was not prejudiced by the defect

January
2026
Illinois Law Update
, Page 16
On Oct. 15, 2025, the Fourth District of the Illinois Appellate Court held that even when current pattern jury instructions do not fully track existing law, the error is not sufficient to overturn a conviction when it does not prejudice the defendant.

Electronic signatures may now be used in real estate transfer declarations

January
2026
Illinois Law Update
, Page 16
The Department of Revenue adopted an amendment to the Part titled Real Estate Transfer Tax Law, allowing for the use of electronic signatures on electronically transmitted transfer declarations.

An employee’s tort suit for coworker’s workplace assault is barred

January
2026
Illinois Law Update
, Page 16
On Oct. 8, 2025, the Third District of the Illinois Appellate Court held that the Workers’ Compensation Act’s exclusive-remedy provision barred an employee’s negligence and intentional-misconduct claims against his employer after a coworker struck him in the head with a shovel during a psychotic episode.

Ensuring equitable, safe, and sustainable access for youth in sports 

January
2026
Illinois Law Update
, Page 16
The General Assembly enacted the Commission on Youth Sports Act, establishing the Commission on Youth Sports. The commission will gather and evaluate community feedback and make recommendations to the governor, the General Assembly, and the Department of Human Services concerning youth in sports. 

The Ethics of Giving

By Charles J. Northrup
January
2026
Column
, Page 50
What does it mean that Illinois is the one state without a version of ABA Model Rule of Professional Conduct 6.1 on voluntary giving?

Exclusion of defendant’s mother from trial was not a public-trial violation

January
2026
Illinois Law Update
, Page 16
On Oct. 2, 2025, the Illinois Supreme Court held that the exclusion of a defendant’s mother did not violate his right to a public trial.

Expanding protections to abortion medication

January
2026
Illinois Law Update
, Page 16
The General Assembly amended the Illinois Food, Drug and Cosmetic Act to protect abortion medications if the federal government restricts approval of those drugs.

Guardians of Constitutional Democracy

By Junaid "J" Afeef
January
2026
Column
, Page 48
During times of civil unrest, attorneys have a special responsibility to defend the Constitution and the rights enshrined in it.

Help Is on the Way

By Ed Finkel
January
2026
Cover Story
, Page 20
A new guide released by the Illinois Attorney Registration and Disciplinary Commission provides in-depth pointers on the ethical use of artificial intelligence in the practice of law.

Illinois Appellate Court clarifies implied-in-fact contracts and damages requirements

January
2026
Illinois Law Update
, Page 16
On Nov. 17, 2025, the Third District of the Illinois Appellate Court held that an implied-in-fact contract may be established through the parties’ facts and conduct, and that a single cognizable form of damages is sufficient to state a claim.

ISBA Rural Practice Fellowship Program Class of 2026

January
2026
Column
, Page 54
Announcing new Summer Fellows and Associate Fellows of the Rural Practice Initiative.

Local food infrastructure grant program established

January
2026
Illinois Law Update
, Page 16
The Department of Agriculture adopted a new Part titled Local Food Infrastructure Grant, implementing the Local Food Infrastructure Grant Act.

Making It Work

January
2026
Article
, Page 12
Effective advocacy in workers’ compensation practice.

Not Done Yet!

By Stacey Meehan
January
2026
Column
, Page 52
The Illinois Bar Foundation celebrates its 75th year of giving crucial support to Illinois attorneys and the public.

Ready To Lead?

By Perry J. Browder
January
2026
Column
, Page 10
Ready to Lead? Nominate Yourself for an ISBA Committee or Section Council

Scanning on the Go

By Jeffrey R. Schoenberger
January
2026
Column
, Page 46
Ultra-portable scanners and smartphones equipped with scanning apps can be used securely and with great convenience while also cutting down on paper.

Schedule A: Where Convenience & Civil Procedure Clash

By Christopher Keleher
January
2026
Article
, Page 32
A Schedule A tactic to herd alleged infringers into a single action is testing the limits of civil procedure rules, prompting pushback from the U.S. District Court for the Northern District of Illinois.

Schools may not issue monetary fines, fees, tickets, or citations to students for municipal code violations 

January
2026
Illinois Law Update
, Page 16
The General Assembly amended the School Code to prohibit schools and law enforcement from issuing monetary fines, fees, tickets, or citations to students for municipal code violations committed on school grounds during school hours or while taking school transportation. 

Schools must develop and implement threat assessment procedures, rapid entry response plans, and cardiac emergency response plans 

January
2026
Illinois Law Update
, Page 16
The General Assembly amended the Illinois Administrative Procedure Act to require the Illinois State Board of Education (ISBE) and the Office of the State Fire Marshal to develop clear, definitive guidelines for developing threat assessment procedures, rapid entry response plans, and cardiac emergency response plans.

Seeking Compatible 404(b) Rules of Evidence

By Gino L. DiVito
January
2026
Article
, Page 26
The Illinois Supreme Court addresses federal and Illinois rules of evidence conflicts in admitting other-crimes and propensity evidence when intent is not at issue in a case.

Small loan companies in Illinois may now issue loans of up to $40,000

January
2026
Illinois Law Update
, Page 16
The Department of Revenue adopted amendments to the Part titled Income Tax, expanding the regulatory framework applicable to entities engaged in small consumer lending.

Sounding the Alarm

By Tony Fioretti
January
2026
Article
, Page 40
Recent cases in Illinois and the U.S. Court of Appeals for the Seventh Circuit reveal the costs and risks in inadequate law enforcement responses to domestic violence incidents.

Strengthening parental rights in the child welfare system 

January
2026
Illinois Law Update
, Page 16
The General Assembly enacted the Child Welfare Disclosure to Parents Act, which provides that parents involved with the Illinois child welfare system are guaranteed certain rights. 

Trust assets may not be used to pay off an encumbrance absent a showing of intent for trust assets to be used for such purpose

January
2026
Illinois Law Update
, Page 16
On Oct. 2, 2025, the Fifth District of the Illinois Appellate Court held that trust assets may not be used to pay off an encumbrance absent express terms of the decedent’s trust or will establishing intent for trust assets to be used for the encumbrance.