The Illinois Supreme Court ruled today that legislation requiring judges to reduce jury awards of noneconomic damages to victims of medical malpractice violates the separation of powers clause of the Illinois Constitution.
In their amicus brief, the Chicago Bar Association and Illinois State Bar Association had urged the court to uphold its previous decisions in which the General Assembly attempted to reduce awards for noneconomic damages.
ISBA President John O'Brien noted that this was the third time in the last 35 years that the Supreme Court of Illinois has considered and struck down legislative efforts to cap awards given by juries. "The Court has spoken on this issue in defense of our Constitution and the role of the judiciary and juries."
ISBA brief on LeBron
Illinois Supreme Court summary Lebron v. Gottlieb Memorial Hospital
Illinois Supreme Court
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February 4, 2010 |
Practice News
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January 21, 2010 |
Practice News
The Illinois Supreme Court disbarred three lawyers, suspended 12 and censured three in its latest disciplinary filing Thursday. Most suspensions take effect on Feb. 11. More information on each case is available at the Attorney Registration and Disciplinary Commission Web site.
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January 19, 2010 |
Practice News
The Illinois Supreme Court announced today an expansion of its judge mentoring program designed to aid judges in the performance of their judicial duties. The new Peer Judge Mentor Program is the continuation of an initiative announced 13 months ago by Illinois Supreme Court Chief Justice Thomas R. Fitzgerald and the Administrative Office of the Illinois Courts under Director Cynthia Y. Cobbs to improve public confidence in the courts and ensure judicial independence by improving the skills and performance of the Illinois judiciary. "Judicial independence is necessarily dependent upon public confidence in the operation of our courts," said Chief Justice Fitzgerald. "The Peer Mentoring Program, along with prior judicial performance initiatives announced by the Court, are prompted by a desire to produce the highest quality judiciary for the citizens of this state. They are designed to make a very good judiciary even better." The new initiative will train and assign judicial mentors to Illinois judges who seek to enhance their skills or performance. A judge's self-referral might be prompted by participation in the Court's Judicial Performance Evaluation Program, which was made mandatory for Illinois judges in the Supreme Court's 2008 initiatives. In addition to providing for self-referral, the new initiative also vests in a chief circuit court judge discretion to assign a mentor to a judge who could benefit from a confidential one-on-one relationship. Training of a corps of judicial mentors and administration of the mentoring program will be modeled after the successes of the New Judge Mentoring Program which the Court and the Administrative Office have conducted since 1998. That program was first initiated by then Chief Justice Charles E. Freeman and is considered a crucial tool in the training and development of new judges.
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December 29, 2009 |
Practice News
[caption id="attachment_6908" align="alignright" width="150" caption="Terrence J. Lavin"][/caption] The Illinois Supreme Court has named ISBA Past President Terrence J. Lavin to fill an interim vacancy on the 1st District Appellate Court, effective Feb. 1, 2010. The vacancy will be created by the retirement of Justice John P. Tully on Dec. 31. "I'm obviously delighted," Lavin said. "It's something I've always wanted and never thought would present itself." Lavin earned a degree in journalism in 1977 from the University of Illinois and his law degree from Chicago-Kent College of Law in 1983. He clerked at Corboy & Demetrio during law school and started his own practice in 1992 - which he has with some regret begun to wind down. "I just had a meeting with a client and had to tell her she'll need to find another lawyer," he said. "I will miss not being there to fight for her and for the others I represent." Lavin's appointment runs through Dec. 3, 2012. "I look forward to having the opportunity to learn more about the law," Lavin said. "We practice in such specialized areas and I have practiced in such a specialized area. This will keep the brain exercised. I look forward to putting on the robe and going to the other side of the bench."
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December 28, 2009 |
Practice News
Cynthia Cobbs, Director of the Administrative Office of the Illinois Courts, has announced that the Third Judicial Circuit Judges voted to select Dean E. Sweet as an associate judge of the Third Judicial Circuit. Mr. Sweet received his undergraduate degree in 1973 from Eastern Illinois University and his Juris Doctor in 1976 from St. Louis University. Mr. Sweet is currently engaged in solo practice in Wood River.
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December 15, 2009 |
Practice News
Cynthia Y. Cobbs, Director of the Administrative Office of the Illinois Courts, announced today that Margaret (Meg) Marcouiller, received most of the votes cast by the circuit judges in the Nineteenth Judicial Circuit and is declared to be appointed to the office of associate judge. Ms. Marcouiller received her undergraduate degree in 1984 from Northwestern University and her Juris Doctor in 1990 from Loyola University in Chicago. Ms. Marcouiller is currently affiliated with the Lake County State's Attorney's Office in Waukegan.
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December 15, 2009 |
People
[caption id="attachment_5931" align="alignright" width="150" caption="Justice Thomas Kilbride"][/caption] Illinois Supreme Court Justice Thomas L. Kilbride will be honored and will receive an Honorary Doctorate Degree from Lewis University during the 2009 Winter Commencement ceremony to be held on Saturday, December 19 at 4 p.m. Justice Kilbride will be the recipient of the Doctorate of Humanities during Saturday's Graduate Ceremony that will be held in the University's Student Recreation and Fitness Center at its main campus in Romeoville. "The University is honored to recognize Justice Kilbride for his 10 years of distinguished service as a highly-respected member of the Supreme Court of Illinois and as an accomplished attorney and advocate for the poor," said Lewis University President Brother James Gaffney, FSC. Justice Kilbride, who grew up in Kankakee, received his B.A. degree magna cum laude from Saint Mary's in 1978; and his law degree from Antioch School of Law in Washington D.C. in 1981. While in law school, Justice Kilbride completed judicial internships for the administrative assistant to the Chief Justice of the United States Supreme Court and for U.S. District Court Judge Joyce Hens Green.
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December 3, 2009 |
Practice News
Cynthia Y. Cobbs, Director of the Administrative Office of the Illinois Courts, announced today that Ericka A. Sanders, received a majority of the votes cast by the circuit judges in the Fourth Judicial Circuit and is declared to be appointed to the office of associate judge. Sanders received her undergraduate degree in 1995 from Southern Illinois University in Carbondale and her Juris Doctor in 1998 from Southern Illinois University in Carbondale. Ms. Sanders is currently affiliated with the Marion County Public Defender's Office in Salem.
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December 1, 2009 |
Practice News
Cynthia Y. Cobbs, Director of the Administrative Office of the Illinois Courts, has announced that Mark S. Goodwin received a majority of the votes cast by the circuit judges in the Fifth Judicial Circuit and is declared appointed to the office of associate judge. Mr. Goodwin received his undergraduate degree in 1984 from Illinois State University and his Juris Doctor in 1987 from John Marshall Law School. Mr. Goodwin is currently affiliated with Dukes, Ryan, Meyer, Freed, Goodwin, et al., in Danville.
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December 1, 2009 |
Practice News
Cynthia Y. Cobbs, Director of the Administrative Office of the Illinois Courts, has announced that Lisa Y. Wilson received a majority of the votes cast by the circuit judges in the Tenth Judicial Circuit and is declared appointed to the office of associate judge. Ms. Wilson received her undergraduate degree in 1984 from the University of Illinois, Urbana, and her Juris Doctor in 1987 from Northern Illinois University. Ms. Wilson is currently affiliated with the Prairie State Legal Services, Peoria.