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Justice Lloyd A. Karmeier to be installed as Chief Justice of the Illinois Supreme Court

Posted on October 25, 2016 by Morgan Yingst

The elevation of Justice Lloyd A. Karmeier to become Chief Justice of the Illinois Supreme Court will be marked by an installation ceremony Monday, October 31, at the Illinois Supreme Court in Springfield.

Justice Karmeier will become the 120th Chief Justice of the Illinois Supreme Court.

“I appreciate the confidence shown by the other members of the court in electing me to this position,” Chief Justice Karmeier said. “Since joining the court in 2004, I have had the privilege of serving under five different chief justices, all of whom have done an outstanding job. I will do my very best to live up to the high standard they have set.”

Jacobs New 18th Judicial Circuit Associate Judge

Posted on October 25, 2016 by Morgan Yingst

Chief Circuit Judge Kathryn E. Creswell is pleased to announce that following a tabulation of ballots by the Administrative Office of the Illinois Courts in Springfield, the Circuit Judges of the Eighteenth Judicial Court, DuPage County, Illinois have appointed Brian W. Jacobs to the position of Associate Judge.
Mr. Jacobs fills the vacancy created by the appointment of Associate Judge Karen M. Wilson to Circuit Judge.

Winnebago County Public Defender position open

Posted on October 24, 2016 by Morgan Yingst

The Seventeenth Judicial Circuit Court is accepting applications for the position of Winnebago County Public Defender. This position shall become vacant upon the retirement of the current Public Defender on December 31, 2016.

The duties of the Public Defender are established by statute, (55 ILCS 5/3-4006). The Winnebago County Public Defender’s Office is appointed by the Court to represent indigent clients in felony, misdemeanor, traffic, juvenile delinquency and juvenile abuse / neglect cases. The Office is also involved in representation of adults and juveniles in connection with the Winnebago County Problem-Solving Courts.

October Family Fun Guide from TicketsatWork

Posted on October 24, 2016 by Morgan Yingst

These offers are provided to you by Illinois State Bar Association. 
There's so much to enjoy – look for great deals on hotels, shows, events, tours and attractions nationwide! Planning a long weekend getaway with the family or friends? Check out offers from Walt Disney World Resort, Universal Orlando, Six Flags and more. 

Don't forget, TicketsatWork members have access to great local deals, discounted movie tickets, rental cars and much, much more! 

Want to sign up? It's free and easy: 
1. Visit
2. Use your company code: ISBA
3. Read and follow the easy steps on our site, and once registered you can access all tickets, events, hotels and more online for free.

Illinois Supreme Court Appoints Cleary as Circuit Judge in the 10th Subcircuit of Cook County

Posted on October 21, 2016 by Morgan Yingst

Justice Mary Jane Theis and the Illinois Supreme Court have announced the appointment of Gerald V. Cleary as a Cook County Circuit Judge in the 10th Subcircuit.

Judge Cleary was appointed to fill the vacancy created by the retirement of Donald J. Suriano, who is retiring on Nov. 2, 2016.

The appointment takes effect Nov. 3, 2016 and will terminate on Dec. 3, 2018, when the position will be filled by the 2018 General Election.

Quick Takes on Thursday's Illinois Supreme Court opinions

Posted on October 20, 2016 by Morgan Yingst

Our panel of leading appellate attorneys review Thursdays's Illinois Supreme Court opinions in the Civil case Carney v. Union Pacific R.R. Co. and the criminal cases People v. Jones and People v. Minnis.


Carney v. Union Pacific R.R. Co.

By Michael T. Reagan, Law Offices of Michael T. Reagan

In affirming the circuit court’s grant of summary judgment to the defendant Union Pacific, and reversing the appellate court, which had decided this case with a Rule 23 Order, the supreme court significantly examined three sections of the Restatement (Second) of Torts which are frequently invoked in cases involving injuries during construction.  Justice Theis wrote for the court.  Justice Kilbride dissented.

Quick Takes for Your Practice: What you should know about temporary guardianship

Posted on October 20, 2016 by Morgan Yingst

Illinois elder law attorney Kerry Peck discusses what you should know about temporary guardianship.

ISBA Board approves ‘cloud computing’ ethics opinion, future-of-profession report

Posted on October 20, 2016 by Mark S. Mathewson

At its October 14 meeting, the ISBA Board of Governors adopted an ethics opinion that expressly authorizes storage of confidential client information in the cloud and approved the recommendations of the ISBA Task Force on the Future of Legal Services.

Futures report, recommendations. The Board approved the report and recommendations of the legal services task force. They now go to the ISBA Assembly, which will take them up at its December meeting. Recommendations include creating a consumer-oriented lawyer directory, providing technology and practice-management education and resources to members, and establishing a standing committee on the future of legal services.

Ethics opinions on the cloud, conflicts, of-counsel fee division. The Board approved three ethics advisory opinions, including one that specifically allows online “cloud” storage of client data. Opinion 16-06 says lawyers may use a cloud-based service to store confidential client information as long as they take reasonable care to assure its security. Opinion 16-05 says it’s not a conflict for a law firm to represent a city while a paralegal from the firm serves on the city council. Opinion 16-04 concludes that the fee-division restrictions imposed by Illinois ethics rule 1.5(e) on lawyers from different firms do not apply to “of counsel” relationships.

In other action, the Board

What’s happening with cases pending before cannabis decriminalization took effect?

Posted on October 19, 2016 by Mark S. Mathewson

How are state's attorneys and judges handling cases for possession of small amounts of cannabis that are pending after the new cannabis decriminalization law took effect?

Peoria lawyer Jeffrey R. Hall, one of the drafters of the law, summarizes his experience in the October Illinois Bar Journal.

"The issues revolve around the interpretation of the Statute on Statutes under 5 ILCS 70/4 as it applies a law that repeals or changes the sentence or punishment of a statute," Hall writes. "When a criminal case is pending while a statute is repealed or amended, one must ask whether the change to the statute was substantive (changing the elements of a crime) or procedural (changing or mitigating a sentence).

"With SB 2228's decriminalization of possession of less than 10 grams of cannabis and drug paraphernalia, the legislature made a procedural amendment by changing the severity of the sentence as well as the category of offense," Hall writes. "No longer is possession a criminal act. It is now a civil violation with 'civil fees,' since cannabis possession is still 'unlawful' for all intents and purposes."