Illinois Supreme Court

CIVIL

Jackson v. The Board of Election Commissioners of the City of Chicago

By Michael T. Reagan, Law Offices of Michael T. Reagan, Ottawa

Carmelita Earls and her husband obtained homestead exemptions on three properties in Cook County. Preparatory to filing to run for Alderman, Earls checked with the Indebtedness Check Unit of the City of Chicago Department of Revenue and was told that she owed no outstanding debt to the City. Shortly after, the Assessor's office challenged two of the homestead exemptions. Earls then promptly executed waivers of those exemptions. An objection was raised to Earls' candidacy, in which it was contended that Earls was in arrears in payment of taxes or other indebtedness to the City. 

Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the Civil case Harris v. Thompson and the Criminal case People v. Hollins.

CIVIL

Harris v. Thompson

By Alyssa M. Reiter, Williams Montgomery & John Ltd.

The interplay between the Illinois Vehicle Code and the Local Governmental and Governmental Employees Tort Immunity Act (“Tort Immunity Act”) divided the Court in Harris v. Thompson.

The plaintiff was injured in an automobile accident with a Massac County ambulance. He sued the County defendants for negligence. The defendants moved to dismiss and, following an adverse jury verdict, moved for judgment non obstante veredicto, asserting that they were immune from liability based on negligence pursuant to the Tort Immunity Act. That Act provides that a public employee acting within the scope of his employment is not liable for an injury caused by the negligent operation of a motor vehicle when responding to an emergency call. The trial court denied the motions and the Appellate Court (Fifth District) affirmed. Those courts found that the Illinois Vehicle Code, which imposes a duty to refrain from negligence, is the more specific statute and supersedes the Tort Immunity Act.   

The Illinois Supreme Court announced Tuesday an increase in the annual registration fee for attorneys practicing in Illinois to fund an important goal — providing legal services in non-criminal cases to those below or near the poverty line.

The Supreme Court also announced that retired judges who wish to remain active on the state roll of attorneys will no longer be exempt from paying the attorney license registration fee.

Under amended Supreme Court rules, the annual registration fee will increase from $289 to $342 — an increase of 14½ cents per day. The entire $53 increase will be remitted to the Lawyers Trust Fund, which contributes to agencies in Illinois that provide legal services to the poor.

“Since its inception, the Lawyers Trust Fund has been integral in providing access to our system of justice to those who can least afford it,” said Chief Justice Thomas L. Kilbride. “It is a very important goal and even more so in these economic times. It demonstrates a clear commitment by the full Court to continue to encourage attorneys in Illinois to assume responsibility for those unable to afford legal services.”

Even with the increase in fees, Illinois will rank in the bottom half of the states and the District of Columbia in the amount it assesses in licensing fees and dues. Connecticut is the highest with a total fee of $675 annually; Indiana and Maryland are the lowest with an annual fee of $145.

The Lawyers Trust Fund of Illinois (LTF) receives its revenue from two sources: a portion of the licensing fee and the interest on pooled funds that attorneys are required to hold for clients while matters are pending. Under the rules changes, the amount remitted to the LTF will increase from $42 to $95.

The Illinois Supreme Court Mortgage Foreclosure Committee is seeking comment on proposed recommendations concerning loss mitigation and mediation for mortgage foreclosure proceedings in Illinois.The proposal will be aired at a public hearing on Friday, June 8 in Chicago.

Anyone wishing to testify at the public hearing should advise the Committee in writing no later than Friday, May 25. Those wishing to offer written comments should submit them by Friday, May 25.

In April, the Foreclosure Committee held a public hearing to discuss a nine-point proposal submit-ted by its Practices and Procedures subcommittee.

The Mortgage Foreclosure Committee has also established a Loss Mitigation and Mediation subcommittee which has drafted 14 proposed recommended elements of mediation and mandatory pre-foreclosure loss mitigation for comment at the public hearing.

Six proposed mediation program elements under consideration are outreach, mandatory or opt-in for mediation programs, housing counseling, legal aid, establishing a pre-mediation process and trained mediators. Some of those elements to be discussed include having the court system reach out to homeowners in foreclosure to increase awareness of local mediation programs; providing housing counseling as part of the mediation process; and providing pro bono legal services to explain the foreclosure process, mortgagors' rights, possible defenses and the rights and responsibilities of the homeowner under the Illinois Mortgage Foreclosure Law.