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Bench and Bar Newsletter
The newsletter of the ISBA’s Bench & Bar Section Council

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Newsletter articles from 2013

Advice for judges based on six ancient sayings By Hon. Michael B. Hyman August 2013 The author has selected six Chinese sayings that are concise yet chock-full of lessons for judges to absorb and practice.
Attention to detail—A shift in response requirements for requests to admit By Jay Schultz March 2013 In Oelze v. Score Sports Venture, the court determined that asserting a lack of information or knowledge via boilerplate responses to requests to admit will not suffice.
Chair’s column By Hon. Ann B. Jorgensen June 2013 A message from Section Chair Ann Jorgensen.
Chair’s column By Hon. Ann B. Jorgensen May 2013 Judge Ann Jorgensen writes in honor of the 55th Anniversary of Law Day.
Chief Judge James F. Holderman’s final “State of the Court” address By Hon. James F. Holderman June 2013 Judge Holderman's seven-year term as chief judge of the United States District Court for the Northern District of Illinois will expire on July 1, 2013.
Determining whether “shall” means shall By John C. Robison, Jr. August 2013 In the recent case of People v. Ousley and in a prior case, People v. Robinson, the Illinois Supreme Court has repeatedly clarified the analytical framework within which to determine the meaning of “shall” in a particular statute and whether there is a consequence for a failure of a governmental official to fulfill an obligatory duty.
Disposition of frozen embryos is governed by contract By Michele M. Jochner November 2013 The case of Szafranski v. Dunston has drawn nationwide attention as it not only addresses emerging, cutting-edge legal issues with respect to the use of reproductive technology, but it also has engendered emotionally-charged debate regarding fundamental questions concerning the creation of families and whether a person can change his or her mind about being a potential parent.
Does an affidavit really prove a privilege? By David J. Balzer November 2013 Unlike summary judgment motions and proving service on an individual, there is no Supreme Court Rule, Code of Civil Procedure section or Rule of Evidence carving out an exception that permits the use of an affidavit to prove a privilege. In other words, your opposing counsel has a decent argument that your affidavit is inadmissible hearsay. Ignoring this risks falling short of meeting your burden.
Editor’s note By Hon. Alfred M. Swanson, Jr. April 2013 A message from Editor Al Swanson.
The emotionally intelligent judge By Terry A. Maroney June 2013 How can psychology help judges learn to cope with their work-related emotions in a healthy, productive, professionally acceptable way?
The exit—Illinois Supreme Court Chief Justice moves on: An interview with Justice Thomas Kilbride By Hon. E. Kenneth Wright, Jr. November 2013 The former Chief Justice reflects on his term and discusses his future.
Follow-up on the article By Eugene G. Doherty and David J. Balzer November 2013 A reader's comments on the article, "Does an Affidavit Really Prove a Privilege,” and reaction to those comments from the article's author.
Foreclosure loss mitigation & mediation rules By Daniel Lindsey April 2013 A closer look at new Supreme Court Rule 114, which went into effect on March 1, 2013.
Four who believed in the Illinois Constitution By Ann Lousin May 2013 A look at four Illinois lawyers who have helped to shape and improve Illinois law, government, and our Constitution.
Illinois courts and the drug epidemic By Hon. Jane Mitton January 2013 This year, in recognition that drug-overdose deaths are the second leading cause of accidental death in the nation and deaths have increased significantly in recent years in both the Chicago Metropolitan Area and across Illinois, the Illinois General Assembly enacted legislation which provides for limited immunity from prosecution for any person who, in good faith, seeks or obtains emergency medical assistance for someone experiencing an overdose.
Illinois Mechanics Lien Act, Section 16 as amended: Substantive change or clarification? By Lisa R. Curcio and Devin Girardi May 2013 The issue now confronting the mechanics lien bar is whether the amendment is a substantive change to the Act or merely a clarification of Section 16’s terms as they have always been understood and previously applied.
The Illinois Supreme Court clarifies appellate jurisdiction during pendency of foreclosure By Robert Handley April 2013 A summary of the recent case of EMC Mortgage Corporation v. Kemp.
An interview with the Chief Justice By Hon. Alfred M. Swanson, Jr. November 2013 Learn more about Rita Garman, who became the  119th Chief Justice of the Illinois Supreme Court on  October 26, 2013.
Judicial presumptions By Anthony Longo November 2013 Judicial presumptions are absolutely justified and essential to the administration of justice.
Lawlor v. North American Corporation of Illinois: The Illinois Supreme Court recognizes the Tort of Intrusion upon Seclusion and speaks again on punitive damages By Richard L. Turner January 2013 For the first time, in the recent case of Lawlor v. North American Corporation of Illinois, the Illinois Supreme Court expressly recognized the tort of intrusion upon seclusion as an actionable claim in Illinois.
Lawyer suspended for failure to maintain an e-mail address By Hon. Alfred M. Swanson, Jr. November 2013 In South Carolina having an active e-mail address is apparently a necessary condition to being able to practice law.
A lesson in drafting and interpreting orders: The Illinois Supreme Court rules that order dismissing complaint was not final for purposes of res judicata in Hernandez v. Pritikin By Chelsea C. Ashbrook April 2013 The facts of this case and the Court’s analysis provide valuable lessons to practitioners in drafting and interpreting circuit court orders.
New Illinois Evidence Rule 502 By Jeffrey A. Parness March 2013 Effective January 1, 2013, new Illinois Evidence Rule 502 establishes standards on losses of attorney-client privilege and work-product protection via disclosure.
A note from the Chair By Hon. Ann B. Jorgensen February 2013 A message from the Section Chair, Justice Ann B. Jorgensen.
Our flag was still there By Daniel A. Cotter August 2013 The October 2012 Term of the United States Supreme Court has just wrapped up—A brief summary of the major decisions of the nation's highest Court.
Partial Impartiality and Illinois Judicial disqualification: Problems, prospects, and possibilities By Hon. E. Kenneth Wright, Jr., Sabena Auyeung, and Christos Dimoulis February 2013 While maintaining complete impartiality is an honorable pursuit, is it possible for judges to leave their life experiences and common sense “at the courtroom door”? Must personal perspectives, morals, and values be traded in for a black robe?
Pro se, alias, service of process, return of service—What language is this? By Jenea Wilson, Jessy Richert, and Hon. E. Kenneth Wright, Jr. September 2013 A guide for average people (and maybe lawyers and judges) to help navigate through the tempestuous waters of filing or defending a small case in court.
Professionalism on tap on April 18 By Hon. Michael J. Chmiel March 2013 On April 18, 2013, the Bench and Bar Section of the Illinois State Bar Association will provide members of the Illinois bar with a unique opportunity to obtain the six hours of professionalism credit they need through Civility and Professionalism in 2013.
Professionalism: The spirit of the 17th Judicial Circuit By Jayne Reardon January 2013 The American Bar Association’s Committee on Professionalism awarded the 17th Judicial Circuit the prestigious Gambrell Professionalism Award at the ABA’s 2012 Annual Meeting.
Recent appointments and retirements November 2013 Recent changes in Illinois' Judiciary.