ISBA Members, please login to join this section

April 2015Volume 1Number 2PDF icon PDF version (for best printing)

Editor’s note

The vast majority of cases brought under the Mental Health and Developmental Disabilities Code are moot on appeal. Therefore, Illinois appellate courts first determine whether the issues they are being asked to consider qualify as exceptions under the mootness doctrine. Where collateral consequences survive the expiration or cessation of a court order that are likely to be redressed by a favorable judicial determination, appellate review is permissible. Review of an otherwise moot issue is also allowed under the public interest exception, which requires a clear showing of each of the following criteria: (1) the question presented is of a public nature; (2) an authoritative determination of the question is desirable for the future guidance of public officers; and (3) the question is likely to recur.” (Citations omitted).

This issue is dedicated to representative cases decided by the courts over the past year which have survived the courts’ mootness analysis. ■

Login to post comments