Practice News

Justice Thomas L. Kilbride and the Illinois Supreme Court have announced the appointment of Trish Joyce as a Resident Circuit Judge in Whiteside County in the Fourteenth Judicial Circuit.

Ms. Joyce was appointed to fill the vacancy created by the retirement of the Hon. John L. Hauptman on December 5, 2016. Her appointment is effective December 21, 2016, and will conclude on December 3, 2018, when the position will be filled by the 2018 General Election.

Justice Kilbride recommended Ms. Joyce's appointment to the Supreme Court after an extensive application, evaluation and interview process that included the formation of a special judicial screening committee.

Illinois Supreme Court Justice Rita B. Garman announced today the formation of a judicial screening committee for the Fifth Judicial Circuit.

The screening committee was formed for the purpose of assessing the qualifications of those persons who have applied for appointment to the Office of Judge of the Circuit Court for the Fifth Judicial Circuit created by the resignation of Judge Claudia Anderson on November 30, 2016. Under the Illinois Constitution, the vacancy will be filled by Supreme Court appointment.

Our panel of leading appellate attorneys review Thursday's top Illinois Supreme Court Civil opinions in In re M.M., Bueker v. Madison County Illinois,  */ Beggs v. The Board of Education of Murphysboro Community Unit School District No. 186, Blanchard v. Berrios, Murphy-Hylton v. Lieberman Management Services, Inc. and Zahn v. North American Power & Gas, LLC.

In re M.M.

By Joanne R. Driscoll, Forde Law Offices LLP

This case raises the procedural question of whether, in the adjudication of an abuse and neglect petition, the court has the authority to appoint a guardian for the minor when there has been no finding that a parent is unfit, unable or unwilling to care for the child.  Answering the question “no,” the Illinois Supreme Court, in a unanimous opinion, repudiated and overruled several cases that were in conflict.

Our panel of leading appellate attorneys review Thursday's top Illinois Supreme Court Criminal opinions in People v. Matthews and People ex rel. Alvarez v. Gaughan.

People v. Matthews

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

Following an unsuccessful direct appeal and post-conviction petition, Jerrell Matthews filed a petition for relief from judgment pursuant to 735 ILCS 5/2-1401, alleging that a State witness had committed perjury at his trial.  The circuit court dismissed the petition on the basis that it was untimely.

The proof of service that Matthews filed with the petition said that the petition was mailed to the State with “proper first-class postage”