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Illinois Supreme Court

  • October 25, 2013 | Practice News
    Access to Justice Commission hosts 2nd Annual Conference

    The Illinois Supreme Court Access to Justice Commission hosted its second annual Conference on Oct. 23 that brought together more than 300 people from the legal and judicial fields to discuss the impact of pro bono work and evolving pro bono projects on the courts.

    Illinois Supreme Court Chief Justice Thomas L. Kilbride opened the Conference and gave an overview of the Commission's work and accomplishments in the past year.

    Bryan Stevenson, executive director at the Equal Justice Initiative based out of Alabama, served as the Conference's keynote speaker. A graduate of Harvard Law School and the Harvard School of Government, he has represented capital defendants and death row prisoners in the Deep South since 1985 when he was a staff attorney with the Southern Center for Human Rights in Atlanta, Georgia. He has been recognized by several national publications and organizations as one of the nation’s top public interest lawyers.

    Following Mr. Stevenson's address, there were three additional presentations about pro bono programs in Illinois and discussions on how to increase and improve on them.

  • October 24, 2013 | Events
    Rita B. Garman to be installed as Chief Justice of the Illinois Supreme Court on Oct. 28

    The elevation of Justice Rita B. Garman to become Chief Justice of the Illinois Supreme Court will be marked by an installation ceremony Monday, October 28 at the Vermilion County Courthouse in Danville.

    Justice Garman will become the 119th Chief Justice of the Illinois Supreme Court, the second woman in Illinois to be Chief Justice and the second woman to head one of the three branches of government in Illinois.

    "I am honored and humbled to have been chosen by my colleagues to serve as Chief Justice," Justice Garman said. "This office has been held by many great jurists, several of whom I have served with and count among my friends. I welcome the challenges and the responsibility that go with the role of Chief Justice because I know that I can count on the support of my colleagues at all levels of the judiciary and the members of the Illinois bar."

    Justice Garman was elected to the Court from the Fourth Judicial District, which is made up of 30 counties that stretch across central Illinois from west to east.

    Her selection as Chief Justice on the seven-member Court culminates her long service to the people of Illinois. There are more than 950 judges in Illinois, and Justice Garman has served in the judiciary longer than all of them--except one.

  • October 18, 2013 | Practice News
    Quick takes on Friday's Illinois Supreme Court opinions

    Our panel of leading appellate attorneys review Friday's Illinois Supreme Court opinions in the civil cases Skokie Castings, Inc. v. Illinois Insurance Guarnty Fund, Performance Marketing Association, Inc. v. Hamer, The Board of Education of Peoria School District No. 150 v. The Peoria Federation of Support Staff, Relf v. Shatayeva and Prazen v. Shoop.

    Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund

    By Karen Kies DeGrand, Donohue Brown Mathewson & Smyth LLC

    The Illinois Supreme Court finds no distinction between primary and excess workers’ compensation policies in applying the workers’ compensation exception to the statutory cap of the Illinois Guaranty Fund.  The court ruled in favor of an employer obligated to pay lifetime benefits to a seriously injured employee, where the employer’s excess insurer became insolvent.

  • October 8, 2013 | Practice News
    Esrig appointed to Cook County Circuit Court

    The Illinois Supreme Court announced Friday the appointment of Evanston attorney Jerry A. Esrig as Cook County Circuit Judge in the Ninth Judicial Subcircuit.

    Mr. Esrig, a resident of the Ninth Subcircuit, was appointed by the Court to fill the vacancy created by the retirement of Allen S. Goldberg. The appointment is effective October 30, 2013 and will terminate December 1, 2014, when the position is filled by the 2014 General Election.

    Justice Mary Jane Theis recommended the appointment to the Supreme Court after she announced an open application process and after the candidates were reviewed by bar associations and Justice Theis' bipartisan screening committee.

  • October 3, 2013 | Practice News | ISBA News
    2 Minutes with the President: Paula H. Holderman interviews Justice Mary Jane Theis

    ISBA President Paula H. Holderman asks Illinois Supreme Court Justice and former ISBA Board member Mary Jane Theis about how the court selects its cases, the justices living together in Springfield and the court's move to Chicago for this term.

  • October 1, 2013 | Practice News
    Schoenbein appointed associate judge in 10th Circuit

    Michael J. Tardy, Director of the Administrative Office of the Illinois Courts, announced today that the 10th Judicial Circuit judges voted to select Kirk D. Schoenbein as an associate judge of the 10th Judicial Circuit.

    Mr. Schoenbein received his undergraduate degree in 1984 from Western Illinois University in Macomb and his Juris Doctor in 1987 from the University of Illinois College of Law. Mr. Schoenbein is currently affiliated with the U.S. Attorney's Office in Peoria.

  • October 1, 2013 | Practice News
    Crisel appointed associate judge in 2nd Circuit

    Michael J. Tardy, Director of the Administrative Office of the Illinois Courts, announced today that the Second Judicial Circuit judges voted to select Jerry E. Crisel as an associate judge of the Second Judicial Circuit.

    Mr. Crisel received his undergraduate degree in 1970 from the University of Illinois and his Juris Doctor in 1973 from the University of Illinois College of Law. Mr. Crisel is currently engaged in solo practice in Albion, Illinois.

  • September 25, 2013 | Practice News
    Illinois Supreme Court disbars 6, suspends 31 in latest disciplinary filing

    The Supreme Court of Illinois announced the filing of lawyer disciplinary orders on September 25, 2013, during the September Term of Court. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law.

  • September 20, 2013 | People | Events
    Memorial service for Justice Moses Harrison II to be held on Sept. 24

    The Illinois Supreme Court will hold a memorial service in honor of the late Justice Moses W. Harrison II. Tributes will be given by Chief Justice Thomas L. Kilbride; Steve Miller, senior law clerk to Justice Lloyd A. Karmeier; Paula H. Holderman, president of the Illinois State Bar Association; and Leonard Amari from the Justinian Society of Lawyers.

    WHAT: Memorial Service honoring the late Justice Moses W. Harrison II
    WHEN: Tuesday, September 24, 2013 – 1:30 p.m.
    WHERE: Former Supreme Court Chambers, State Capitol Building, Room 212, Springfield

    Justice Harrison was born in Collinsville and educated in Collinsville public schools. He received his undergraduate degree from Colorado College and his law degree from Washington University School of Law in St. Louis in 1958. After the private practice of law, he was appointed as a circuit judge in 1973 by the Illinois Supreme Court and was elected in 1974 to that position. At the time of his appointment, he was senior partner of the law firm of Harrison, Rarick and Cadagin in Collinsville.

    In 1979, Justice Harrison was appointed to the Illinois Appellate Court in the Fifth Judicial District. He was elected in 1980 to that position and was retained by voters in 1990.

    Justice Harrison was elected to the Supreme Court in 1992. He served as Chief Justice from January 2000 until his retirement in September 2002.

  • September 19, 2013 | Practice News
    Quick takes on Thursday's Illinois Supreme Court criminal opinions

    Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the criminal cases People v. Johnson and In re Shelby R.

    People v. Johnson

    By Kerry J. Bryson, Office of the State Appellate Defender

    At issue was whether Section 4-2002.1(a) of the Counties Code allows for imposition of a $50 State’s Attorney fee for hearing a 2-1401 petition. The statute refers only to imposition of the fee for habeas corpus proceedings.

    The Court rejected the argument that “habeas corpus” was meant to refer, generically, to any collateral proceedings, noting that habeas corpus has a specific meaning. Considering the plain language of the statute as the best indication of legislative intent, the Court concluded that the reference to “habeas corpus” was meant to encompass the various types of habeas corpus proceedings (e.g., habeas corpus ad prosequendum, habeas corpus ad respondendum, habeas corpus ad testificandum), and nothing more. Inclusion of any other collateral proceedings would have to come from the
    legislature.

    While this decision is not particularly broad-reaching, it does demonstrate the Court’s adherence to long-standing principles of statutory construction, beginning with looking first to the plain language of the statute.  Where the plain language is clear, the Court will go no further in interpreting a statute’s meaning.