2018 Articles

2018 ISBA high school mock trial invitational April 2018 The 2018 ISBA High School Mock Trial Invitational was held March 24-25 at the University of Illinois College of Law in Champaign, with participating teams representing 39 schools from across Illinois.

ABA considers modifying model rules on attorney advertising By Edward Casmere January 2018 The rules controlling how lawyers communicate with the public may be in for an overhaul.

The ABA’s role in protecting judicial independence By Hilarie Bass May 2018 The independence of the judiciary is an important pillar in any democracy, but throughout history, it has also proven to be a fragile one.

Appellate court clarifies “sole proximate cause” By Brian O. Watson August 2018 The appellate court recently made clear in Douglas v. Arlington Park Racecourse that the sole proximate cause of plaintiff’s injury may be something—other than the defendant—no matter what their status may be in the lawsuit and no matter how many they may be in number.

The ARDC’s proactive program for better practice management By Deane B. Brown February 2018 In accordance with the January 2017 amendments to Illinois Supreme Court Rule 756(e), effective January 1, 2018, Illinois became the first state in the country to adopt a mandatory program for all lawyers in private practice who do not maintain legal malpractice insurance, in order to register for 2019.

The bar year in review and thank you from the chair By Deane B. Brown June 2018 A note from the chair, Deane B. Brown.

Bicentennially speaking… By Hon. Barbara Crowder February 2018 Suggested websites and resources to help you learn more about Illinois' bicentennial.

Blessing or curse: Having an eclectic ADR practice By Hon. Michael S. Jordan, (ret.) July 2018 The pros and cons of affiliating your alternative dispute resolution practice with an entity that requires an exclusive relationship.

A call for written admonishments in criminal cases By Evan Bruno February 2018 The typical practice of orally delivering admonishments to a lay defendant ignores the glaring reality that virtually no human being—whether lay person or lawyer—is capable of retaining and recalling detailed information after hearing it only once. So why do the criminal courts indulge in this fantasy when such important rights are at stake?

1 comment (Most recent February 21, 2018)

A call to end routine shackling of custodial defendants By Evan Bruno September 2018 The routine shackling of all custodial inmates at all court appearances reflects a constitutionally imbalanced approach, one that cuts away far too much liberty in the pursuit of absolute safety.

Chair’s column: Truth and the law By David W. Inlander September 2018 As responsible practicing lawyers and judges, we must speak out to defend our judicial system.

Chair’s column: We could be heroes By David W. Inlander July 2018 A message from the Bench & Bar Section Council's chair, David W. Inlander.

The Code of the Order of the Brethren By Hon. Brian R. McKillip February 2018 A recent decision by the appellate court is an opportunity to re-examine how closely the Rules of Professional Conduct resembles this fictional pirate code.

Dealing with pro se litigants: A judge’s dilemma By Raymond J. McKoski January 2018 Canon 3(A)(4) of the Illinois judicial code permits judges to “make reasonable efforts, consistent with the law and court rules, to facilitate the ability of self-represented litigants to be fairly heard.” Does this provision help Illinois judges decide whether to intervene in a proceeding in which only one party has an attorney?

Defendants dismissed without prejudice can be named as respondents in discovery By Tal C. Chaiken May 2018 The Illinois Appellate Court, Second District, recently joined the First District in holding that a plaintiff may use the respondent in discovery statute to name a person who has already been dismissed as a defendant in the same case.

Editor’s column By Edward Schoenbaum June 2018 A note from the newsletter editor, Edward Schoenbaum.

Editor’s note By Hon. Edward J. Schoenbaum, (ret.) July 2018 An introduction to the issue from the editor, retired Administrative Law Judge Edward Schoenbaum.

The historic nature of #MeToo: Best practices to ensure equal access from the perspective of Judge Debra Walker, Circuit Judge, Cook County Circuit Court By Ava George Stewart & Kenya Jenkins-Wright September 2018 Although it has not been an easy road, Judge Debra Walker has overcome obstacles and sees the #MeToo movement as a way to give all people a platform that will promote civility in the workplace and encourage an environment without such harassment or discrimination.

Illinois 2L agrees: Time’s up By Sara Crook July 2018 A summary of the keynote speaker's presentation at the Women's Bar Association of Illinois Annual Dinner.

1 comment (Most recent August 14, 2018)

Illinois celebrates 200 years of statehood in 2018 By Christine Zeman February 2018 A brief overview of Illinois' rich history.

International Shoe got the boot By Michael Cortina August 2018 A discussion of Illinois' long arm statute and how the 2014 U.S. Supreme Court case Daimler AG v. Bauman impacts the analysis that must be conducted by courts and litigants regarding foreign corporations.

1 comment (Most recent August 17, 2018)

Judging judges By Michael G. Cortina July 2018 Trial experience is often seen as the measurement that matters the most in selecting judges, but other qualifications and experience should also be factored in when evaluating judicial candidates.

Judicial temperament: Concerns and questions By David W. Inlander December 2018 As a section council particularly focused on the subject of civility, it is critical to take questions of judicial temperament seriously.

Justice Hyman’s remarks in presenting retired downstate judge Brockton Lockwood with IJA’s Distinguished Service Award June 2018 Remarks by Justice Michael Hyman when he presented Judge Brockton Lockwood with the Illinois Judges Association's Distinguished Service Award.

A lesson in the ethics of social media By Deane B. Brown April 2018 Social media creates new ethical concerns for attorneys and judges, yet there is little case law to provide guidance on appropriate usage.

A life in the law: George N. Leighton, 1912-2018 By Hon. Alfred M. Swanson, Jr. (Ret.) June 2018 A tribute to George N. Leighton, 1912-2018.

Making the record By Hon. Kevin T. Busch February 2018 While the reporter has a duty to take down all that is said, the true burden of making a record rests with us, the judges and attorneys. So what can we do to make a better record?

Mandatory e-filing is just around the corner—A good cause exemption exists for those who need it By Hon. Mary Kay Rochford January 2018 Illinois Supreme Court Rule 9(c) (eff. Dec. 13, 2017), exempts certain documents from e-filing and includes a good cause exemption in subsection (4). On December 13, 2017, the Illinois Supreme Court amended Rule 9(c)(4), to define the nature of “good cause” and detail the procedures for obtaining such an exemption.

Mary Ann McMorrow remembered By Hon. Rita Garman December 2018 Justice Garman remembers her hero and friend, Mary Ann McMorrow.

1 comment (Most recent December 20, 2018)

A new federal rule of criminal procedure is likely on the way, but will it affect practice in Illinois federal courts? By Eli Litoff & Kelly Warner April 2018 While the production of electronically stored information has become the norm in civil litigation, many criminal defense attorneys believe that the Federal Rules of Criminal Procedure have lagged behind and provide insufficient guidance.