Mental Health Matters

The newsletter of the ISBA’s Mental Health Law Section

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July 2025 • Volume 12 • Number 1 •

July 2025 Mental Health Law Newsletter

ISBA and WBAI to Team Up for Race Judicata
The Illinois State Bar Association and Women’s Bar Association of Illinois are teaming up for two times the fun at Chicago Volunteer Legal Services (CVLS) 29th annual Race Judicata Sprint for Justice 5K Run/Walk/Party to benefit the CVLS Foundation in their mission to ensure that the law works for everyone. This year's event takes place on Thursday, August 14, 2025, at 6:30 p.m. in Chicago’s Lincoln Park.

ISBA's Solo and Small Firm Conference
Please join us from September 25-26 in Naperville, IL, for the ISBA's Solo and Small Firm Conference 2025: The Innovative Lawyer: Smart Strategies for Small Firms in the Age of AI. Embrace the opportunity to earn CLE credits while enhancing your knowledge and networking with colleagues. Register now! Early Bird Discount ends August 30.

40 Hour Mediation Training - 2025 Fall Virtual Edition
Each Thursday from September 11, 2025– December 11, 2025
Live Webcast via Zoom
Mediation is designed to resolve differences both in and out of the courts and requires a very different mindset than courtroom litigation. This Master Series program trains practitioners to resolve conflicts in a non-adversarial, non-confrontational manner, allowing peaceful resolutions between parties.

In This Issue

Editor’s Note

By Sandra Blake

A note from the Mental Health Matters Editor, Sandra Blake, regarding the proposed Pilot Project.

A Different Perspective to the Proposal for a Pilot Project To Establish a Single Docket for Mental Health and Guardianship Proceedings

By Michelle Luburic

Recently, the County and Probate Divisions of the Cook County court system announced an exciting initiative seeking to enhance the lives of individuals living with mental illness and the friends and family who support them by merging the case management of respondents involved in both mental health and guardianship proceedings.

The Combined Guardianship and Mental Health Docket, or Calendar 20, Segregates Some of the Trees From the Forest

By Ann Krasuski

The author of the companion article has not identified a problem that a combined docket solves. No doubt, the Mental Health Code (Code) and adult guardianship under the Probate Act address and strive to solve issues people face. Yet, as the author discusses, there are still shortcomings. But after several pages discussing gaps in mental health care and problems families face, she has not identified how establishing a combined docket solves any shortcomings or how it benefits respondents.

Related Court Cases

Illinois Appellate Court / Civil

Mental Health and Developmental Disabilities Code | 1st Dist.
In re Commitment of Joshua D., 2026 IL App (1st) 231954 (September 18, 2026) 5th Div./Cook Co. (WILSON) Affirmed in part, reversed in part.

Respondent appealed from two circuit court orders: one that allowed the State to voluntarily dismiss a motion seeking respondent’s involuntary inpatient admission under the Mental Health and Developmental Disabilities Code and one that granted a subsequent motion and ordered the respondent’s involuntary inpatient admission. The appellate court affirmed in part and reversed in part, affirming the dismissal of the original petition but reversing the involuntary admission order, explaining that while the issue was moot, under the public interest exception it was entered in error because the new petition failed to comply with section 3-606 of the Code by identifying the officer who transported respondent to the hospital. (ODEN JOHNSON and MIKVA, concurring)

Illinois Appellate Court / Civil

Involuntary Administration of Medication | 4th Dist.
In re Jacob P., 2026 IL App (4th) 251327 (July 8, 2026) Adams Co. (ZENOFF) Affirmed in part and reversed in part.

Respondent appealed after the trial court ordered that he be involuntarily admitted for mental health treatment and be administered psychotropic medication. On appeal, respondent argued that the predisposition report did not comply with section 3-810 of the Mental Health and Developmental Disabilities Code, that the court improperly combined hearings the petitions for admission and administration of medication, that he did not receive adequate notice of the petition for administration, that he was not given sufficient information regarding the proposed treatment, and that he received ineffective assistance of counsel. The appellate court affirmed the order granting the petition for involuntary admission but reversed the order granting the petition for administration of psychotropic medication, finding that the State failed to present evidence that the respondent was notified in writing of treatment alternatives. (VANCIL and GRISCHOW, concurring)

CLE

Disability Law: What You Need to Know About the ADA and IHRA
November 19 | Online
How to Subpoena Student Records: FERPA, Illinois Law, and the Judicial Process
December 3 | Online

Full CLE Calendar…

Featured Free On-Demand CLE

Understanding the Tax Implications of Special Needs Trusts
1.00 hours MCLE credit

Upcoming Events

ISBA Mental Health Law Section Council Business Meeting
November 2, 2026 | 12:00 pm | Zoom

Full ISBA Calendar…

Disclaimer: This newsletter is for subscribers’ personal use only; redistribution is prohibited. Copyright Illinois State Bar Association. Statements or expressions of opinion appearing herein are those of the authors and not necessarily those of the Association or Editors, and likewise the publication of any advertisement is not to be construed as an endorsement of the product or service offered unless it is specifically stated in the ad that there is such approval or endorsement.

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