Articles on Bench and Bar

Editor’s Note: Save the Date for Annual! By Kimberly Duda Bench and Bar, February 2026 Don't miss the ISBA's 2026 Annual Meeting, which will occur on June 11-12, 2026 at the Ritz-Carlton St. Louis! 
Judicial Mentoring and the Future of the Illinois Bench: Building Transparent, Equitable, and Merit-Based Pathways to Judicial Service By Junaid M. Afeef Bench and Bar, February 2026 In Illinois, as in most states, the path to becoming a judge is often opaque, informal, and heavily dependent on access to professional networks that are unevenly distributed across the legal profession. Judicial mentoring could help create more transparent pathways for highly qualified lawyers—particularly those from underrepresented communities, first‑generation professionals, and lawyers without access to elite professional circles—to become judges. 
No Access to Justice Without Access to a Lawyer: Part II By Judge James A. Shapiro & James J. Herdegen Bench and Bar, February 2026 Part II of this two-part series explores the difficulties that self-represented litigants face in the court system, particularly as it relates to Domestic Relations cases and the inability to afford an attorney, and offers solutions to increase access to justice. 
Recent Appointments and Retirements Bench and Bar, February 2026 Summary of individuals who have been appointed to, and retired, recalled, and resigned from the bench. 
Recent Developments in Motions for Substitution of Judge as a Matter of Right By Dennis M. Lynch Bench and Bar, February 2026 Substitution of judge motions can be some of the most impactful motions in a case. This is especially true because if the motion is erroneously denied, all subsequent orders may be deemed void. Two recent appellate decisions have expanded the landscape of case law on substitution of judge motions and provide further guidance to judges and practitioners as to proper motion practice.
Editor’s Note: Nominate Yourself for an ISBA Committee or Section Council By Kimberly Duda Bench and Bar, December 2025 Learn how you can get involved with the Bench & Bar Section Council for the 2026-2027 bar year! 
Externships Provide Real-Law Experience By Judge Michael J. Chmiel Bench and Bar, December 2025 The value of externships is immeasurable. Through externships, we can impart good practices and get help when resources are scant. In our digital age, technology allows students to Zoom into a courtroom from miles away, access court files, and engage prompt communications through telephone, email, and text.
No Access to Justice Without Access to a Lawyer By Judge James A. Shapiro & James J. Herdegen Bench and Bar, December 2025 Part I of this two-part series explores the difficulties that self-represented litigants face in the court system, particularly as it relates to Domestic Relations cases and the inability to afford an attorney. 
Observations From a Judge on Collection Litigation, and Perhaps All Litigation By Hon. Michael J. Chmiel Bench and Bar, December 2025 An insightful behind the scenes look at thoughts from a 21-year-tenured judge in the 22nd Judicial Circuit Court regarding time standards, technology, mentorship, and standing orders. 
Recent Appointments and Retirements Bench and Bar, December 2025 A compilation of individuals who have recently been appointed as circuit judges, assigned to the appellate court, appointed as associate judges, and who have retired from the bench.
Remembering Veterans Day By Michael G. Cortina Bench and Bar, December 2025 A salute to Veterans Day and a reflection on veterans in the practice of law. 
Sometimes in Post-Convictions, It Is What It Is By Hon. John J. O'Gara Bench and Bar, December 2025 An analysis and practical take aways from People v. Williams, 2025 IL 129718 regarding post-conviction petitions. 
We Lost a Great Man, Fortunately We Have His Memoir: A Review of Compassion in the Court By Hon. John J. O’Gara Bench and Bar, December 2025 A book review of Compassion in the Court, a memoir by Hon. Frank Caprio, details Judge Caprio's life, his rise to the bench, and his journey to reimagine justice not only as a set of rules, but as a process shaped by understanding, fairness, and compassion.
Smatterings, a Collection of Short Stories, by Jim Friedlander By Hon. Michael S. Jordan Human and Civil Rights, October 2025 A book review of Smatterings, exploring Jim Friedlander's global adventures throughout his career in short-story form. 
Bench and Bar Section Members Attend the Annual Meeting in Lincolnshire Bench and Bar, September 2025 Key moments featuring the Association’s Bench and Bar Section members at the 2025 Annual Meeting held in Lincolnshire on June 5–6.
Editor’s Note: Save the Date for Midyear! By Kimberly Duda Bench and Bar, September 2025 Mark your calendars for the 2025 Joint Midyear Meeting and check back for more information regarding great programming and networking opportunities! 
Minority Representation in the Judiciary: What More Needs To Be Done? By Junaid Afeef Bench and Bar, September 2025 A discussion of increasing diversity in the judiciary, including how far we've come, the progress that still needs to be made, and a few potential solutions. 
Recent Appointments and Retirements Bench and Bar, September 2025 A summary of changes to the judiciary, including those who have been appointed as Circuit Judge and associate judges, those who have retired, and those who have been recalled. 
The “Scarcity of Success”: How Law Schools’ Hyper-Competitive Cultures Fuel Bullying By Rachel Kolb Bench and Bar, September 2025 The Illinois Supreme Court Commission on Professional's survey found that 1 in 4 attorneys experienced bullying in the workplace. Perhaps if anti-bullying practices and mindsets started in law schools, the legal profession would be less accustomed to bullying. 
Smatterings, a Collection of Short Stories, by Jim Friedlander By Hon. Michael S. Jordan Bench and Bar, September 2025 A book review of Smatterings, exploring Jim Friedlander's global adventures throughout his career in short-story form. 
FROM ATHENS to AMERICA: Our Legal Roots By Justice Michael B. Hyman Bench and Bar, April 2025 The law’s got plenty of Latin—those fancy maxims and phrases that make lawyers sound like they’re casting spells instead of arguing cases. Roman law seems baked into our legal system, too. But there’s a kicker: Ancient Greece deserves as much credit, maybe more. Its form of democracy set in motion Ancient Rome’s and our own. Political ideas, philosophical musings, and legal principles that form the backbone of Western jurisprudence all trace back to Ancient Greece. The only reason we don’t notice? Latin is more visible in English.
Meeting the Special Responsibilities of a Noble Profession By Michael Cortina Bench and Bar, April 2025 The practice of law is a business. It matters not if a lawyer is on the bench, works in the public interest sector, is an in-house attorney, or is engaged in private practice. All of us make our living in the practice of law, and that means, by default, all of us are also engaged in the business of law. We sometimes need reminding, however, of the other obligations that we have to society.
Turn On Your Video! By Judge James A. Shapiro & Thomas DeMouy Bench and Bar, April 2025 Few things are more annoying to a judge than when we can't see the litigant or lawyer we are addressing (or who is addressing us). I once heard a judge describe it on Zoom as the equivalent of "hiding under the benches in court." During the height of the pandemic, there were judges who were not turning on their video as well. Without naming names, my former presiding judge once had to remind everyone in the division to turn on their videos. To a self-represented litigant–much less a lawyer–it must be like addressing the Great Oz in The Wizard of Oz: "Pay no attention to that man behind the curtain!" Pay no attention to that judge on the blank screen. It was inexcusable and unacceptable.
The Work of a GAL and Lessons Learned By Judge Maureen Schuette Bench and Bar, April 2025 Judge Schuette provides insight and guidance from her days as a Guardian Ad Litem.
Deepfakes in the Courtroom: Problems and Solutions By George Bellas Bench and Bar, March 2025 “Deepfakes” are altered or completely fabricated AI-generated images, audio, or video, that are also extremely realistic, making them difficult to discern from reality. In a sense, they’re AI’s version of photoshopping. Lawyers need to educate themselves and their firms on what deepfakes are and how to spot them, develop a healthy skepticism of content they encounter, and question its source. Take nothing at face value, and closely scrutinize details of that content to look for anything inconsistent with reality, such as people with more or less than five fingers.
Deepfakes in the Courtroom: Problems and Solutions By George Bellas Commercial Banking, Collections, and Bankruptcy, March 2025 “Deepfakes” are altered or completely fabricated AI-generated images, audio, or video, that are also extremely realistic, making them difficult to discern from reality. In a sense, they’re AI’s version of photoshopping. Lawyers need to educate themselves and their firms on what deepfakes are and how to spot them, develop a healthy skepticism of content they encounter, and question its source. Take nothing at face value, and closely scrutinize details of that content to look for anything inconsistent with reality, such as people with more or less than five fingers.
Recent Appointments and Retirements Bench and Bar, March 2025 Recent changes to Illinois' judiciary.
What Is a Motion for Relief? By Justice Judy Cates Bench and Bar, March 2025 Ever heard of a motion for relief? No—not a motion to reconsider, or motion for new trial or judgment notwithstanding the verdict—but a motion for relief. The motion for relief is a procedural prerequisite to jurisdiction in the appellate court. A party seeking to appeal is tasked with filing a motion for relief, or “mini-brief,” in the trial court, setting forth the alleged errors that occurred during the detention proceedings and the grounds for the relief requested. The motion for relief will also serve as the argument of the appellant on appeal, as the appellant may file, but is not required to file, a memorandum in the appellate court. Ill. S. Ct. R. 604(h)(7) (eff. Apr. 15, 2024). 
David C. Marcus: The Unsung Civil Rights Hero By Hon. Jesse G. Reyes Bench and Bar, January 2025 A civil rights lawyer who represented the Mendez family in the landmark case, Mendez v. Westminster. 
Mandatory Arbitration Clause Found Unconscionable and Therefore Unenforceable in Nursing Home Contract By Albert E. Durkin & Peter W. Buchcar Bench and Bar, January 2025 On October 11, 2024, the Illinois First District Appellate Court affirmed the trial court’s decision to deny a Motion to Dismiss and Compel Arbitration, finding that mutually binding arbitration clauses or agreements in adhesion contracts that are so one-sided as to be deemed illusory can be substantively unconscionable and unenforceable, regardless of a severability provision. 

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