Illinois Supreme Court forms Judicial College

Posted on December 29, 2015 by Chris Bonjean

The Illinois Supreme Court has announced the creation of a judicial college to provide comprehensive and multidisciplinary educational programs and professional development training to the state's judges and Judicial Branch employees.

Under the authority and governance of the Supreme Court, the Illinois Judicial College will consist of a seven-member Board of Trustees and six standing Committees. The formation of the Judicial College will take effect January 1, 2016.

Fackel appointed Circuit Judge in 14th Circuit

Posted on December 29, 2015 by Chris Bonjean

Justice Thomas L. Kilbride and the Illinois Supreme Court have announced the appointment of Moline attorney Joseph F. Fackel as a Circuit Judge in the Fourteenth Judicial Circuit.

Mr. Fackel was appointed by the Court to fill the vacancy created by Circuit Judge F. Michael Meersman, who retired at close of business on November 30, 2015. His appointment takes effect January 4, 2016 and will terminate on December 5, 2016, when the position is filled by the 2016 General Election.

CLE: Get Ready - It's Coming: Major Changes to Family Law Effective January 1, 2016 [WEBCAST REPLAYS]

Posted on December 28, 2015 by Morgan Yingst

Did you miss ISBA's live program on December 4, 2015? ISBA will be rebroadcasting individual segments from the seminar via the Internet throughout January and February so you can get the information you need on the upcoming changes to the Illinois Marriage and Dissolution of Marriage Act! Family law attorneys, child law practitioners, and general practice lawyers who attend this full-day seminar will better understand: how the revisions to the Illinois Marriage and Dissolution of Marriage Act and Parentage Act may affect your practice; the ethical considerations you need to be aware of based on the recent changes; the legislative changes that will impact custody and visitation, property and maintenance, continued support for children entering post-high school education, and attorney's fees; the civil procedure concerns for temporary relief, drafting complaints, and discovery issues; and much more. Each live webcast replay will be moderated by one of the speakers from the original seminar. Attendees are encouraged to submit questions in the Q&A panel throughout the program, which will be answered in real-time by the moderator.

Best Practice: Protecting your firm from employee embezzlement

Posted on December 23, 2015 by Morgan Yingst

Asked and Answered

By John W. Olmstead, MBA, Ph.D, CMC

Q. I am a partner in an eight attorney firm in downtown Chicago. Last week you participated in a discussion at an Illinois State Bar Association meeting where you indicated that four out of 10 of your law firm clients have had an employee embezzlement at some time or another. I would appreciate any thoughts you may have on how we can protect ourselves.

Cook County judge rules six-person juries unconstitutional

Posted on December 22, 2015 by Chris Bonjean

Cook County Associate Judge William Edward Gomolinski ruled Monday that the switch from 12-person juries to six-person juries in civil trials is unconstitutional. Gomolinski wrote that language in the 1970 state constitution means the status quo from that period must remain barring a constitutional amendment.

Former Gov. Pat Quinn signed a bill last December cutting the 12-person jury in half. The bill took effect in June.

The case is James Kakos, et. al. v. Jesse Butler, et al., 15 L 6691.

CLE: Getting Adult and Juvenile Criminal Records Expunged: The Legal Process in Illinois – Live Webcast

Posted on December 18, 2015 by Morgan Yingst

Millions of Americans have criminal histories that can potentially disrupt job searches and future employment. As an attorney, it is your job to offer prompt, cost-effective guidance to your clients who need to have matters expunged from their record. Join us for this one-hour online seminar on January 27, 2016 that examines the different legal processes in Illinois for getting criminal records expunged for both adults and juveniles. Attorneys with basic to intermediate practice experience who attend this seminar will better understand: which hurdles can be expected in the expungement process; the type of convictions that cannot be expunged; the most effective ways to service clients who need to clear their criminal records; the differences between the adult and juvenile expungement process; and much more!

Quick takes on Thursday's Illinois Supreme Court opinions

Posted on December 17, 2015 by Chris Bonjean

Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil cases Bowman v. Ottney and Board of Education of the City of Chicago v. Illinois Educational Labor Relations Board and the criminal cases People v. Hughes, People v. Burns and In re Michael D.

Note: The authors of the summaries and the staff of Illinois Lawyer Now wish to honor the memory of Hon. Jean Prendergast Rooney, who passed away on December 8, 2015, and was a valuable original member of this team before becoming Circuit Judge. She is greatly missed.

CIVIL

Bowman v. Ottney

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

When a judge has made a ruling on a substantial issue in a case, followed by a voluntary dismissal without prejudice pursuant to 735 ILCS 5/2-1009, a party may not move for substitution of judge when the subsequently refiled case is assigned to the judge who presided in the first case. In Bowman v. Ottney, the judge ruled on substantial issues, such as the scope of discovery. Thereafter, plaintiff voluntarily dismissed her complaint and timely refiled her action. The refiled case was assigned to the original judge, and plaintiff immediately moved for substitution of judge pursuant to 735 ILCS 5/2-1001. Defendant objected, asserting that plaintiff had “tested the waters” during the first case. The circuit court denied the substitution of judge but certified the issue under SCR 308.