In another bow to the digital age, those bulky law books containing officially reported Illinois court opinions soon will be going the way of 8-track tapes and boom boxes.
The Illinois Supreme Court announced Tuesday a new way of officially citing its cases and those of the Illinois Appellate Court. This new method will eliminate the need to contractually publish and purchase the official opinions in bound volumes. It will save Illinois taxpayers hundreds of thousands of dollars a year.
Illinois will join about a dozen other states who already use the new method of case citation. The Supreme Court promulgated the changes in amendments filed Tuesday to Supreme Court Rule 6 and Rule 23.
“The changes are reflective of the way we all live and the way the practice of law is changing,” said Chief Justice Thomas L. Kilbride. “So much legal research is now done online through references and sources available on the Internet and even on smartphones that it makes the publication and purchase of official printed volumes unnecessary and a waste of money and resources.
“The official body of Illinois court opinions will now reside on the website of the Illinois Supreme Court, readily available to lawyers, judges and law clerks for official citation and to any member of the public who wishes to read them.”
The changes are part of a movement by the Supreme Court under the tenure of Chief Justice Kilbride and his predecessors to integrate electronic technology with a goal of achieving greater court transparency and efficiency. The Illinois Supreme Court was one of the first to incorporate Twitter in publicizing announcements and was also among the early few to make available video and audio recordings of its oral arguments the same day they occur before the Court. The audio of all Appellate Court arguments is also available on the Court’s website at www.state.il.us/court.
Illinois Supreme Court
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May 31, 2011 |
Practice News
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May 5, 2011 |
Events | Practice News
[caption id="attachment_19265" align="alignright" width="300" caption="Over 400 new lawyers were sworn-in on Thursday at the Auditorium Theatre in Chicago."][/caption] Over 600 new attorneys were admitted to practice in Illinois on Thursday, May 5 with Justices of the Illinois Supreme Court and Illinois Appellate Court administering the attorney's oath at five separate locations. All of the candidates have passed the Illinois State Bar Examination, a required ethics examination and have been certified by the Committee on Character and Fitness. The largest group, 428, were admitted in the First Judicial District during ceremonies starting at 10:30 a.m. in the Auditorium Theatre at Roosevelt University, 50 East Congress. Illinois Supreme Court Justice Anne M. Burke presided over the ceremony with Justice Mary Jane Theis participating. Illinois Appellate Justice Thomas R. Appleton from the Fourth Judicial District made the motion to admit the class and Cook County Associate Judge Brian K. Flaherty will seconded the motion to admit the class. The 628 men and women were certified as candidates and were sworn in as Illinois attorneys Thursday at ceremonies in the five Supreme Court judicial districts: Justice Robert R. Thomas presided over the Elgin ceremony; Justice Rita B.
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April 27, 2011 |
Practice News
The Illinois Supreme Court Rules Committee is seeking comment on a proposal to explicitly allow jurors to question witnesses in civil trials. That proposal, and others, will be aired at a public hearing of the Rules Committee on Friday, May 20 in Chicago. Anyone wishing to testify at the public hearing should advise the Committee in writing no later than Friday, May 13. Those wishing to offer written comments should submit them by Friday, May 6. The proposal which would allow jurors to question witnesses would represent a significant change in current Illinois civil trial practice. Currently, there is no Illinois Supreme Court rule that explicitly authorizes jurors to ask questions in civil trials. Neither is there a rule that explicitly prohibits Illinois judges from permitting the practice. In fact, it rarely occurs in Illinois trials. Proponents of the proposal say that Illinois judges are reluctant to allow juror questioning without guidance from the Illinois Supreme Court. Hence, the discussion whether a new Supreme Court rule is needed. Those who favor the proposal have stated that more than half of all states and all of the federal circuits permit jurors to submit written questions for witnesses at the discretion of the trial judge. The proposal before the Rules Committee would also provide Illinois judges with discretion. This is how the proposed procedure would work:
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April 11, 2011 |
Practice News
The Illinois Supreme Court announced on Monday a special committee to study and formulate proposals to help those facing the loss of their homes and improve the judicial process in mortgage foreclosures throughout Illinois. The proposal was brought to Chief Justice Thomas L. Kilbride and the Supreme Court by Supreme Court Justice Mary Jane Theis, who noted the problem isn’t easing. At the end of 2010, there were approximately 70,000 mortgage foreclosure actions pending in Cook County alone. Chief Justice Kilbride was instrumental in bringing a foreclosure mediation program to Will County and is looking at instituting additional programs in his Third Judicial District across north central Illinois. Cook County has a mediation program that was specifically recognized by the White House at a Washington D.C. conference sponsored by Vice President Joseph Biden’s Middle Class Task Force. “These have been important steps forward for those who are faced with the loss of their homes due to declining home values and our nation’s economic crisis, but the problem isn’t going away,” said Chief Justice Kilbride. “The Supreme Court has a keen interest in programs with the strong promise of achieving timely and lasting resolution to tough problems, and we believe this select Committee can come up with specific solutions to help families cope with the emotional and financial burdens of those facing such a devastating loss.” The Committee consists of 14 persons who have been on the front lines in dealing with the housing crisis, how it affects home-owning families as well as the lenders. They are judges, bankers, lawyers, a law professor and an official from the Illinois Attorney General’s office which has joined the nation’s other attorneys general in probing alleged abuses by lenders in their foreclosure filings “While the economy appears to be making some progress the foreclosure crisis remains a serious societal problem,” said Justice Theis. “It is important that the Court try to do what it can to lend some stability and certitude to what is a financially and emotionally chaotic process. Mortgage foreclosure proceedings in Illinois need to be fair, efficient and final—not subject to later legal challenges. “Many homeowners in foreclosure cases cannot afford to hire a lawyer to represent them. They may not understand the proceedings against them and they don’t know if lenders have taken shortcuts by false documentation. We need to provide protocols that are uniform and exist throughout the state to deal with the explosion of foreclosures that drive down property values and destabilize neighborhoods.”
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April 8, 2011 |
Practice News
Illinois Supreme Court Chief Justice Thomas L. Kilbride has developed a screening process to interview and assess the qualifications of applicants to the position of Circuit Court Judge in the Tenth Judicial Circuit. Request an application at www.state.il.us/court/SupremeCourt/Applications/10thApplicationForm.asp
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March 24, 2011 |
Practice News
The Illinois Supreme Court today released revised Minimum Courtroom Standards for the state's courthouses. The standards were originally adopted in 1993. They concern all details of how a courtroom should be set up, including the height of the judge's bench: The Judge's bench shall be designed such that the judge's eye level, when seated, is higher than any standing participant with the front of the bench 52 inches to 56 inches high and the back riser height 21 inches to 22 inches in height. Click here to read the revised standards.
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March 21, 2011 |
Events
[caption id="attachment_18130" align="alignright" width="150" caption="Chief Justice Thomas L. Kilbride"][/caption] The Illinois State Bar Association and Chicago Bar Association will co-host an all-bar reception to welcome Illinois Supreme Court Chief Justice Thomas L. Kilbride on Wednesday, April 27 at the Standard Club, Grand Ballroom, 320 S. Plymouth. The reception will run from 5-7 p.m. and is complimentary. Justice Kilbride was born in LaSalle. He received a B.A. degree magna cum laude from St. Mary's College in Winona, Minn., in 1978 and his law degree from Antioch School of Law in Washington, D.C., in 1981. Justice Kilbride practiced law for 20 years in Rock Island, engaging in the general practice of law, including appeals, environmental law, labor law, employment matters, and other general civil and criminal matters. He was elected to the Illinois Supreme Court for the Third District in 2000 and became Chief Justice of the Illinois Supreme Court last October. For reservations, send an email to events@chicagobar.org.
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March 1, 2011 |
Practice News
The Illinois Supreme Court has announced the implementation of a mandatory judicial evaluation program for all Circuit and Associate judges in the state as the final part of a series of initiatives to improve public confidence in Illinois courts. The program is designed “for the purpose of achieving excellence in the performance of individual judges and the improvement of the judiciary as a whole,” states Supreme Court Rule 58 which the Court amended Tuesday to establish the program as mandatory. “This is an extremely important step in making a good judiciary even better,” said Illinois Supreme Court Chief Justice Thomas L. Kilbride. “There are more than 900 judges in Illinois and under this program every one who serves at the Circuit Court level will be evaluated by those who appear before them and work with them. This evaluation is for the purpose of enhancing the performance of Illinois judges and improving public confidence in the state’s courts.” The results will be confidential, shared only between the judge and a facilitator, also a judge or retired judge who has been specifically trained in the process. The program will be administered under a contract with the National Center for State Courts and will be monitored by the Supreme Court Judicial Performance Evaluation Committee.
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February 25, 2011 |
Practice News
Our panel of leading appellate attorneys review today's Supreme Court opinions from Civil cases Speed District 802 v. Warning, Ries v. The City of Chicago, Johnston v. Weil, Kaufman v. Schroeder, M.D., LaSalle Bank National Association v. Cypress Creek 1, and Criminal cases People v. Baez and People v. Comage.
CIVIL
Speed District 802 v. Warning
By Alyssa M. Reiter, Williams Montgomery & John Ltd. The reviewing courts have struggled with this case, resulting in a divided Illinois Supreme Court reversing the (divided) appellate court judgment and setting aside a decision of the Illinois Educational Labor Relations Board (“the Board”). At issue was whether the SPEED District 802 (“the District”) violated two sections of the Illinois Educational Labor Relations Act (“the Act”) when it failed to renew the teaching contract of Warning, who was a nontenured probationary teacher. -
February 3, 2011 |
Practice News
Our panel of leading appellate attorneys review today's opinions in the civil case Carr v. Gateway, Inc. and criminal cases People v. Skryd, People v. Beauchamp and People v. Manning.