Bench & Bar

The newsletter of the ISBA’s Bench & Bar Section

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2016 Articles

Recent appointments and retirements November 2016 Recent changes to Illinois' Judiciary.
Recent appointments and retirements October 2016 Recent changes to Illinois' judiciary.
Recent appointments and retirements September 2016 Recent changes to Illinois' Judiciary.
Recent appointments and retirements July 2016 Recent changes to Illinois' Judiciary.
Recent appointments and retirements June 2016 Recent changes to Illinois' Judiciary.
Recent appointments and retirements May 2016 Recent changes in Illinois' Judiciary.
Recent appointments and retirements April 2016 Recent changes to Illinois' Judiciary.
Recent appointments and retirements February 2016 Recent changes to Illinois' Judiciary.
Recent appointments and retirements January 2016 Recent changes to Illinois' Judiciary.
The relation back doctrine trumps the medical malpractice statute of repose By Hon. Alfred M. Swanson, Jr. (Ret.) April 2016 The question facing the First District was whether the medical malpractice statute of repose prohibited the relation back doctrine from allowing the plaintiff to add a wrongful death claim under the Wrongful Death Act to an existing lawsuit.
Remembering Justice Thomas Fitzgerald By Marie K. Sarantakis June 2016 On May 11, 2016, the Illinois Supreme Court hosted a memorial tribute to another legal legend, recognizing the late Justice Thomas Fitzgerald’s continued impact on the legal community.
Restorative justice: A perspective from the bench By Hon. Sophia H. Hall January 2016 The author shares her thoughts on restorative legal processes.
The Second District avoids causing new ripples in the common law “test the waters” doctrine By Edward Casmere & Kaitlin Klamann September 2016 While the Illinois appellate courts continue to disagree as to whether the “test the waters” doctrine may serve as a basis for denying a motion for substitution of judge, both the Supreme Court and the Second District have signaled that, when considering a Section 2-1001 motion, trial court judges should consider whether the circumstances indicate that a party is seeking to gain a tactical advantage through gamesmanship and judge-shopping.
The status of the “test the waters” doctrine after the Illinois Supreme Court’s decision in Bowman v. Ottney By Kaitlin Klamann February 2016 The Illinois Supreme Court recently declined to rule on the viability of the “test the waters” doctrine in Illinois. It had the opportunity to do so in Bowman v. Ottney, but instead decided the case on statutory grounds and left the doctrine’s future open.
Supreme Court supports circuit court’s discretion to deny a motion to substitute judge in refiled case By Edward Casmere January 2016 In Bowman v. Ottney, the Illinois Supreme Court held that trial courts have discretion to deny a motion for substitution of judge in a refiled case when the motion is presented to the same judge who made substantive rulings in the previously dismissed case.
To be or not to be—Is that the question? By Hon. Barbara Crowder September 2016 Author Barb Crowder, a recent victim of identity theft, shares practical advice for those unlucky enough to have a similar experience.
Understanding the new Illinois law requiring judges to advise foreign nationals of their right to consular notification By Mark E. Wojcik April 2016 A new Illinois statute that entered into force on January 1, 2016 now expressly requires Illinois judges to advise foreign nationals of their right to have their consulate informed of their arrest or detention
Video testimony: One-way, two-way, Skype, closed circuit: Let me count the ways…. By Hon. E. Kenneth Wright, Jr. November 2016 This article is the result of a New Mexico Supreme Court case involving the use of Skype in a criminal case. It will present a brief history of the use of video in criminal proceedings in Illinois and other states.
Willis R. Tribler By Hon. Michael B. Hyman December 2016 Remembering Bill, who passed away earlier this month at age 82.