2026 Articles

2026 Annual Meeting Photos September 2026 ISBA members and guests gathered at the Ritz-Carlton in St. Louis on June 11–12, 2026, for the Annual Meeting, which featured outstanding CLE programming, networking, and business meetings. Thank you to everyone who attended and helped make the Annual Meeting a success!

Aggravated DUI and One Act, One Crime By Natalia Galica September 2026 Under the one-act, one-crime doctrine, a defendant who kills or injures more than one person during the course of a single DUI should be convicted and sentenced for only one count of aggravated DUI. When a single aggravated DUI results in the deaths of two or more people, the Illinois Vehicle Code provides an enhanced sentencing range for that violation.

Chair’s Corner By Julia Kaye Wykoff January 2026 A note from the Chair of the Criminal Justice Section Council regarding the current issue.

The County Jail Good Behavior Allowance Act Does Not Apply To Pre-Trial Sanction Requiring Incarceration By Jessica Koester January 2026 People v. Seymore, an Illinois Supreme Court case, analyzed the issue of whether a 30-day sanction for violating the terms of pre-trial electronic monitoring was entitled to the good-behavior credit under 730 ILCS 130/3.

Gangs Are Not Separated in El Salvador’s Prisons By Ralph E. Guderian September 2026 El Salvador has around 24 prisons, with a per-capita prison population of 1,659 inmates per 100,000 residents. The result has been a reduction in crime in El Salvador, forcing gang members to lose their power and autonomy, and granting many Salvadorans greater freedom to live their daily lives.

Health Care Fraud, Public Corruption in Focus in First Six Months of U.S. Attorney’s Service in Northern District of Illinois By Jay Schleppenbach & Nicholas Hazen April 2026 Previously serving as the co-chair of Shook Hardy & Bacon's Government Investigations and White Collar Practice, and as an assistant United States Attorney, U.S. Attorney Andrew Boutros has made it clear that health care fraud, public corruption, and other types of fraud are a top white collar enforcement priority of the United States Attorney's Office for the Northern District of Illinois.

Important: Immediate Change to the Filing of Notices of Appeal By Mark Kevin Wykoff, Sr. January 2026 Familiarize yourself with the changes to Illinois Supreme Court Rules 13, 605, and 606, which brings changes to how to file a Notice of Appeal in criminal cases.

Proportionate Penalties Challenges Better Served on Postconviction By Julia Kaye Wykoff April 2026 In People v. Spencer, the Illinois Supreme Court considered whether a 20-year-old offender’s 100-year sentence violated the proportionate penalties clause of the Illinois Constitution because it was a de facto life sentence, ruling that the 20-year-old offender’s 100-year sentence was not a de facto life sentence, where he had a meaningful opportunity for parole after 20 years.

A Proposed Resentencing Process for Older Persons in Illinois Prisons By William J. Nissen April 2026 The article proposes a resentencing process for older persons in Illinois prisons who are 55 or older, have been imprisoned for 25 years, and are not a public safety threat.

Rethinking Strategy By Hon. Robert McIntire September 2026 As a result of a recent Second District Appellate Court case, the State now gets only one bite at the apple when the facts satisfy the criteria for issue preclusion. If, after an interest-of-justice severance required by Edwards, the State fails to meet its burden on a fact essential to both prosecutions, issue preclusion will bar the second prosecution, laying to rest the Poole court’s concern about a second trial.

Rule 402A: Is It “Mandatory”? By Robin Shaw September 2026 On its face, Rule 402A appears to fit comfortably within both exceptions to the directory presumption. First, the rule contains negative language which expressly restricts the court’s authority to proceed past a specified point without substantially complying with its requirements. Second, a nonmandatory reading would be generally injurious because the rule was designed to ensure that admissions in revocation proceedings are made knowingly and understandingly. If courts were not required to follow Rule 402A in every instance, every defendant in every revocation proceeding would face a probability of injustice.

State Prosecutions of ICE Agents By Natalia Galica April 2026 In recent months, state and local communities have been increasingly clashing with federal officers over immigration enforcement tactics. In response, for example, Chicago Mayor Brandon Johnson signed the “ICE on Notice” executive order. In theory, Mayor Johnson’s executive order seems to be an apt solution to increasing calls for accountability. In reality, however, state prosecutions of federal agents come with some unique challenges.

When Is the Warrantless Seizure of Electronics Allowed? By Hon. Geraldine D’Souza April 2026 In 2025, in an unpublished opinion, the First District Appellate Court ruled in the case of People of the State of Illinois v. Joseph Cronin, dealing with the topic of the warrantless seizure of electronics in Illinois. It seems that the case law on the topic of warrantless seizures of electronics will only continue to grow in the State of Illinois. Technology is always emerging, and this is an area of law that must continue to adapt to new innovations.