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ISBA Statehouse Review for the week of January 21, 2015

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers The Attorney Act and citizenship (Senate Bill 23), Juror fees (Senate Bill 59), Uniform Interstate Depositions and Discovery Act (Senate Bill 45), Open Meetings Act (House Bill 175), Respondents in discovery (House Bill 96) and Discovery and depositions (House Bill 95 ). More information on each bill is available below the video.

The Attorney Act and citizenship. Senate Bill 23 (Cullerton, D-Chicago) amends the Attorney Act to allow a person who is not a citizen of the United States to petition for a law license in Illinois. The Illinois Supreme Court may grant a license to a person who, in addition to fulfilling the requirements to practice law within this State, satisfies the following requirements: (1) the United States Department of Homeland Security has approved the person’s request for Deferred Action for Childhood Arrivals; (2) the person’s Deferred Action for Childhood Arrivals has not expired or has been properly renewed; and (3) the person has a current and valid employment authorization document issued by the United States Citizenship and Immigration Service. Introduced and referred to the Senate Committee on Assignments.

Juror fees. Senate Bill 59 (Mulroe, D-Chicago) repeals the recently enacted increase in juror fees if the county board determines that it cannot pay them. It requires the county board to enact new fees not less than the old law of $4, $5, or $10 a day and mileage. Senate Bill 59 doesn’t repeal the recently enacted change in which civil cases will be heard by a six-person jury instead of a 12-person jury. Introduced and assigned to the Senate Committee on Assignments.

Uniform Interstate Depositions and Discovery Act. Senate Bill 45 (Barickman, R-Bloomington) provides procedures for the issuance of a subpoena to require deposition testimony or discovery production in this State for litigation that is pending in a foreign jurisdiction. Provides that Illinois Supreme Court rules and the Section of the Code of Civil Procedure concerning subpoenas apply to subpoenas issued under the new provisions. Introduced and assigned to the Senate Committee on Assignments.

Open Meetings Act. House Bill 175 (McSweeney, R-Cary) provides that a request for review may be filed no later than 60 days after the discovery of an alleged violation of the Act (instead of 60 days after the alleged violation) if facts concerning the violation are not discovered within 60 days after the alleged violation but are discovered at a later date by a person using reasonable diligence. Introduced and assigned to House Rules Committee.

Respondents in discovery. House Bill 96 (Thapedi, D-Chicago) makes two changes to the respondents in discovery statute. (1) It adds language providing that discovery may include a request for admission of facts or of genuineness of documents. (2) Changes the standard for converting respondents to defendants from “if the evidence discloses the existence of probable cause for such action” to “if a preponderance of the evidence discloses cause for such action.” Introduced and assigned to House Rules Committee.

Discovery and depositions. House Bill 95 (Thapedi, D-Chicago) amends Section 1003 of the Code of Civil Procedure to delete subsections (b), (c), (d), and (e) by referencing that the Supreme Court Rules govern these repealed subsections. Introduced and assigned to House Rules Committee.

Posted on January 21, 2015 by Chris Bonjean
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