Bench & Bar

The newsletter of the ISBA’s Bench & Bar Section

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2017 Articles

Illinois Supreme Court homes in on “at home” By Joy Anderson & Kevin M. O’Hara October 2017 The Illinois Supreme Court recently denied jurisdiction over a nonresident defendant in an insurance dispute that gained widespread attention from major corporations and the Illinois Trial Bar.
The importance of dialogue: Preserving the right to oral argument By Hon. Lloyd A. Karmeier July 2017 Whatever efficiencies may be gained through dispensing with oral argument, they are not worth the loss of public trust in the rule of law.
Interpretation of recent amendments to FRCP 37(e) taking shape By Patricia Mathy November 2017 As with any amended Rule shortly after implementation, several open questions remain as to how the new Rule 37(e) will be interpreted and applied.
A judge’s perspective on sentencing hearings By Hon. Robert J. Anderson April 2017 Some helpful insight when facing non-negotiated pleas and sentencing hearings after trials.
1 comment (Most recent February 25, 2018)
Jury instruction update: “Do you hear what I hear?” By Hon. Barbara Crowder September 2017 A discussion of the 2017 changes made thus far to Illinois Pattern Jury Instruction for Civil Cases since the revisions focus on language access.
Lawyer Lincoln: A lesson in character By Hon. Michael B. Hyman March 2017 For Lincoln, the cultivation of a good moral character was the standard by which he practiced law. It should be our ultimate standard as well.
Learning essential steps to conflict resolution is for everyone By Sandra Crawford July 2017 What we can learn from the book, The Eight Essential Steps to Conflict Resolution by Dudley Weeks.
Lincoln sites of interest By Hon. Edward J. Schoenbaum February 2017 Hon. Ed Schoenbaum, who has volunteered at the Abraham Lincoln Presidential Musuem for the past nine years, shares his insights into some of his favorite Lincoln locations.
Looking ahead: A reflection on the emerging diversity in the law profession By Morgan Hess August 2017 Judge Debra B. Walker’s summer extern, Morgan Hess, recently had the opportunity to attend the “The Future Is Now: Legal Services 2.017” conference and shares her insights.
Madison County Domestic Violence Accountability Court By Kerri Davis June 2017 June 1, 2017 marked one year since Madison County launched the Domestic Violence Accountability Court (DVAC)-- a specialty court that aims to address the challenging issues domestic violence presents in the justice system.
Madison County’s Veterans Treatment Court: A model program By Hon. Richard L. Tognarelli November 2017 Under the guidance of the Vet Court, hundreds of veterans have been assisted over the past eight and a half years. The court is thriving, continues to expand its resources and treatment options, and currently has 45 veterans enrolled.
Marcia Meis – New Director of the Administrative Office By Hon. Alfred M. Swanson, Jr. (Ret.) November 2017 Learn more about the new Director and the projects on her agenda.
Michael Tardy retires as Director of the Administrative Office of the Illinois Courts By Hon. Alfred M. Swanson, Jr. (Ret.) August 2017 After 41 years working for the court system, Michael Tardy is ready for a change.
More will come! By E. Kenneth Wright, Jr. March 2017 There are certain laws, rules, conventions and practices that most lawyers are aware of and follow - sometimes referred to as “Hornbook Law.” Courts normally do not look at these established tenets of the law. However, when they do all bets may be off.
The Ninth Circuit’s ruling in Rizo suggests employers can pay women less than men for the same job based on prior salary By Ava George Stewart & Kenya A. Jenkins-Wright June 2017 In April, the Ninth Circuit held in Rizo v. Yovino that prior salary could be used to justify differences in compensation as a “factor other than sex” if the use of prior salary is reasonable and supports a business policy without running afoul of the Equal Pay Act.
No Pudd’nhead By Hon. Michael B. Hyman July 2017 The author imagines conversing with Mark Twain using his own words.
The ongoing saga of sexual harassment By Hon. Debra B. Walker November 2017 With the Illinois legislature beginning to undergo sexual harassment training and apparently adopting legislation that would require all elected officials to be so educated, will this apply to the third branch of government?
People v. Way: A defendant charged with aggravated DUI may raise the affirmative defense of sole proximate cause By Hon. Brad L. Badgley August 2017 A look at the effects of this recent Illinois Supreme Court case.
The people’s court in the island across the pond By Hon. Jesse G. Reyes September 2017 Judge Jesse Reyes describes his recent tour of the United Kingdom's Supreme Court. 
Proportionality in e-discovery: The Illinois appellate court seeks to find the right fit By Eli Litoff, Kelly Warner, & Edward Casmere April 2017 In the years since Supreme Court Rule 201 was amended in 2014, Illinois appellate courts have not had occasion to apply the proportionality test, leaving litigants to resort to federal precedent to define their proportionality arguments.
Recent appointments and retirements December 2017 Recent changes to Illinois' Judiciary.
Recent appointments and retirements November 2017 Changes to Illinois' Judiciary.
Recent appointments and retirements October 2017 Recent changes to Illinois' Judiciary.
Recent appointments and retirements September 2017 Recent changes to Illinois' Judiciary.
Recent appointments and retirements August 2017 Recent changes to Illinois' Judiciary.
Recent appointments and retirements July 2017 The Administrative Office reports no changes in the judiciary during June 2017. 
Recent appointments and retirements June 2017 Recent changes to Illinois' Judiciary.
Recent appointments and retirements May 2017 Recent changes to Illinois' Judiciary.
Recent appointments and retirements April 2017 Recent changes to Illinois' Judiciary.
Recent Appointments and Retirements March 2017 Recent changes to Illinois' Judiciary.