The latest ISBA Bench & Bar newsletter features a description of recent supreme court initiatives and rule changes -- e-filing, cameras in the courts, electronic-instead-of-print publishing of official opinions, etc. -- written by someone who should know. Read Justice Karmeier's review.
Illinois Supreme Court
-
April 12, 2012
-
April 4, 2012 |
Practice News
The Illinois Supreme Court announced on Wednesday that it has adopted a new rule to facilitate the delivery of legal services in an emergency resulting from a major disaster.
In the case of an Illinois disaster, new Supreme Court Rule 718 would allow attorneys who are licensed in another state to provide pro bono publico legal services to residents of Illinois. In the event of a disaster in another state, the rule would allow attorneys licensed outside of Illinois to provide pro bono legal services to residents of the stricken state who have been displaced to Illinois because of the disaster.
The rule also would allow attorneys licensed in a stricken state to provide legal services in Illinois as long as those legal services arise out of and are reasonably related to the lawyers’ practice of law where the major disaster occurred.
The rule has come to be known as the "Katrina Rule" because it was developed by the American Bar Association in response to the hurricane by that name which wreaked tragedy across New Orleans. The rule, however, is intended to address both natural and man-made disasters such as earthquakes, floods, tornadoes, public health emergencies, and acts of terrorism or war.
Application of the rule would be triggered by the Illinois Supreme Court’s determination that an emergency or other major disaster affecting the justice system had occurred. Attorneys practicing in Illinois pursuant to the new rule would not be allowed to make court appearances in Illinois unless that permission was generally granted by the Illinois Supreme Court in the aftermath of the disaster or pro hac vice admission was obtained in an individual lawsuit.
-
April 3, 2012 |
Practice News
Chief Justice Thomas L. Kilbride and the Illinois Supreme Court announced Tuesday a new rule that will allow jurors in civil cases to pose their own questions to a witness.
The rule has undergone extensive study since it was received by the Supreme Court Rules Committee in August 2010, and was discussed at a public hearing where it received the support of the Chief Judge of the Northern District of Illinois, the Illinois State Bar Association, the Chicago Bar Association and others.
It will go into effect July 1, 2012 as Supreme Court Rule 243.
"This proposal was the subject of much discussion – both internally by the Illinois Supreme Court Rules Committee at several of its meetings and at a public hearing in May 2011," said Chief Justice Kilbride. "Based on the comments of those who have used or seen the procedure at trials, such a rule enhances juror engagement, juror comprehension and attention to the proceeding and gives jurors a better appreciation for our system of justice. The rule is written so that its implementation rests with the discretion of the trial judge and with safeguards so that the testimony it elicits complies with the rules of evidence."
John B. Simon, chair of the Rules Committee, believes the scrutiny given the proposal before its adoption will benefit not only jurors, but lawyers, judges and the entire system of justice.
2 comments (Most recent April 6, 2012) -
March 28, 2012 |
Practice News
Chief Justice Thomas L. Kilbride of the Illinois Supreme Court and Chief Judge Val Gunnarsson of the 15th Judicial Circuit in northwestern Illinois announced on Wednesday that news cameras will be allowed in trial courts in five additional Illinois counties under a pilot program approved by the Supreme Court earlier this year.
The counties that make up the 15th circuit are Carroll, Jo Daviess, Lee, Ogle and Stephenson. They join Madison County in the Third Judicial Circuit, Kankakee County in the 21st Judicial Circuit and Henry, Mercer, Rock Island and Whiteside counties in the 14th Judicial Circuit where extended media coverage was approved earlier by the Supreme Court.
“Chief Judge Gunnarsson’s application and approval by the Supreme Court to allow cameras in the trial courtrooms in the 15th Circuit bring more geographical diversity to the pilot project for electronic coverage approved earlier this year,” said Chief Justice Kilbride. “The 15th Circuit is a more rural area, and will provide a host of smaller newspaper and radio stations with the opportunity to provide their readers and listeners with picture and audio coverage.
“As the pilot project goes forward, I am confident that Chief Judge Gunnarsson and all the judges in the 15th Circuit will carefully balance the goals of greater openness and access to the courts while ensuring the constitutional guarantees of a fair trial and a fair proceeding.”
Approval of the 15th Circuit extends the pilot project to the Second Judicial District.
-
March 20, 2012 |
Practice News
The Illinois Supreme Court disbarred eight lawyers, suspended 14, censured one and reprimanded three in its latest disciplinary filing. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics rules.
1 comment (Most recent March 21, 2012) -
March 15, 2012 |
Practice News
Chief Justice Thomas L. Kilbride of the Illinois Supreme Court and Chief Judge Ann Callis of the Third Judicial Circuit announced Thursday that news cameras will be allowed in the criminal trial courts in Madison County under a pilot program approved by the Supreme Court earlier this year.
The Third Circuit follows the 14th Judicial Circuit in the Quad Cities area where extended media coverage has already been implemented under the experimental program, as well as the 21st Circuit which received approval last week for allowing news cameras at criminal trials in Kankakee County.
“I congratulate Chief Judge Callis for moving her circuit forward in this experimental program,” said Chief Justice Kilbirde. “Madison County and the surrounding area is known for a vibrant and energetic brand of media. Because of its proximity to St. Louis, it will provide the pilot program with input from metropolitan TV and radio stations, who are already accustomed to camera coverage in Missouri courts.
“The pilot program is proceeding in the 14th Circuit where still or video cameras have already recorded actual court proceedings in Rock Island, Henry and Whiteside counties. In the 21st Circuit, Chief Judge Kathy Bradshaw Elliott has met with media in the Kankakee and Chicago area and expects to implement camera coverage shortly. As the pilot project goes forward in another geographical area of the state, the most important issue is to continue to balance carefully the goals of greater openness and access with dig-nity for the process and the guaranteed rights of defendants to a fair trial.”
-
March 9, 2012 |
Practice News
Chief Justice Thomas L. Kilbride of the Illinois Supreme Court and Chief Judge Kathy Bradshaw Elliott of the 21st Judicial Circuit announced Friday that news cameras will be allowed in criminal trial courts in Kankakee County under a pilot program approved by the Supreme Court earlier this year. The 21st Circuit becomes the second circuit in Illinois approved by the Court for cameras in the courtroom and will join the 14th Judicial Circuit where extended media coverage has already been implemented under the experimental program.
"I am very pleased that Chief Judge Elliott has applied and has been approved by the Supreme Court to take part in the project," said Chief Justice Kilbride. "I'm informed that the Chief Judge has met with stakeholders in the courtrooms and that they, too, have expressed not only their interest but their enthusiasm for the program.
"The pilot program has been proceeding in the Quad Cities area with the cooperation of the media, judges, courtroom and county personnel for more than a month," said Chief Justice Kilbride."This will be another step to see if we can carefully balance the goals of greater openness and access with the guaranteed rights of defendants and parties to have fair proceedings."
The 21st Circuit is comprised of Kankakee and Iroquois counties, but for now Chief Judge Elliott asked that the experimental program proceed only in the criminal courts in Kankakee County to provide a model before it is expanded to other courtrooms in the circuit.
-
March 5, 2012 |
Practice News
Chief Justice Thomas L. Kilbride and Rock Island County Circuit Clerk Lisa Bierman announced Monday that Rock Island County joins three other Illinois counties in a pilot project to allow e-filing of an electronic trial record on appeal.
The Illinois Supreme Court Order authorized the Illinois Appellate Court in the Third Judicial District to begin a pilot project that will allow attorneys, parties and appellate justices to view, access and work from the official record of cases on appeal from Rock Island County.
Circuit Clerk Bierman said that utilizing the electronic transfer of record in Rock Island County will assist greatly in streamlining the workload in the clerk's office.
"I am very excited as we begin this project together with the Third District Appellate Court," Ms. Bierman said. "Being accepted as a part of this project for electronic transmission of appeals is going to be a way for the Rock Island County Circuit Clerk’s Office to save expenses, improve our time worked on ap-peals and introduce more technology into our office.
"We have always worked together with our Appellate Court and will continue to do so. I thank the Supreme Court Justices for giving us this opportunity."
Rock Island joins Adams County in the Fourth Judicial District along with DuPage and Ogle Counties in the Second Judicial District to electronically transfer and make electronically accessible the official court record of cases on appeal.
-
January 31, 2012 |
Practice News
Chief Justice Thomas L. Kilbride announced on Tuesday that the Illinois Supreme Court has approved the application from the 14th Judicial Circuit in northwestern Illinois to allow news media cameras in trial courtrooms in the state for the first time.
Chief Judge Jeffrey W. O’Connor of the 14th Circuit applied to the Supreme Court for approval last week, one day after Chief Justice Kilbride announced that an experimental program was unanimously approved by the seven justices on the Court.
The 14th Circuit is comprised of Henry, Mercer, Rock Island and Whiteside counties.
"Today's Order is a historic one," said Chief Justice Kilbride. "For the first time in state history, citizens not physically present will be able to see and hear proceedings in our trial courts. My colleagues and I an-nounced this change in policy hoping to promote greater openness and accountability. But we must carefully balance the goal of openness with the rights of defendants and parties to have fair trials.
"This pilot project will allow us to test the policy we have put in place and see if it is workable in Illinois, or if any changes need to be made before moving toward a full statewide policy. My colleagues and I are thankful for the 14th Circuit and Chief Judge O'Connor's willingness to serve in this pilot project. We look forward to their results."
In his formal request to the Court for approval, Chief Judge O’Connor noted that the news media in the area are already familiar with broadcasting trial proceedings because Iowa, just across the Mississippi River, has allowed cameras in courtrooms since 1979, and media have aired court coverage in the Quad Cities area, which includes Illinois communities.
-
January 24, 2012 |
Practice News
Chief Justice Thomas L. Kilbride announced on Tuesday that the Supreme Court has approved a policy for a pilot project to allow news cameras and electronic news recording in Illinois trial courtrooms for the first time. Read the order for extended media coverage.
The policy is effective immediately and invites the Circuit Courts in the state to apply for approval from the Supreme Court to take part in the experimental program. Once a Circuit is approved by the Supreme Court, media may request to electronically cover eligible cases in that Circuit.
"This is another step to bring more transparency and more accountability to the Illinois court system," said Chief Justice Kilbride. "The provisions of this new policy keep discretion in the chief circuit judge and the trial judge to assure that a fair and impartial trial is not compromised, yet affords a closer look at the workings of our court system to the public through the eyes of the electronic news media and news photographers.
"I am thankful to all of my fellow justices on the Court for giving a willing ear, thoughtful consideration and unanimous approval to this experiment. It is new to Illinois, but has been standard practice in many other states. I am confident that through the diligence of our chief circuit judges and our trial judges, along with the professionalism of the news media, that it may become a standard practice in our state too."
1 comment (Most recent January 27, 2012)