Practice News

Our panel of leading appellate attorneys review Friday's Illinois Supreme Court opinions in the civil cases Hayashi v. Illinois Department of Financial & Professional Regulation and Lake County Grading Co. v. Village of Antioch and the criminal case People v. Patterson.

CIVIL

Hayashi v. Illinois Department of Financial & Professional Regulation

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

The plaintiffs in this case were physicians whose health care licenses were permanently revoked based upon prior convictions for battery or criminal sexual abuse of their patients.  They argued that section 2105-165 of the Department of Professional Regulation Law, which was the basis for the revocation, did not apply to people whose convictions predated the Act, that the Act was impermissibly retroactive, and that the enforcement violated various state and federal constitutional provisions.

The Supreme Court found “no merit” in any of plaintiff’s claims. The Court affirmed the dismissal of plaintiffs’ complaints for declaratory and injunctive relief.

Section 2105-165 was enacted in 2011. It mandates permanent revocation, without a hearing, of the license of a health care worker who has been convicted of certain types of criminal offenses, such as “Sex Offender” offenses. Each of the plaintiffs had been convicted, before 2011, of the types of offenses included within the Act.

The Court held that the language of the Act, which provides that revocation applies when a health care worker “has been convicted,” indicated that the Act was intended to apply to convictions that predated the Act.

Q.  I was appointed as the receiver of a recently deceased lawyer’s files. What are my duties?

A.  IRPC 1.3, Comment [5] suggests that lawyers prepare a plan that designates another competent lawyer to review their files in case of death or disability. If no other lawyer is appointed, Illinois Supreme Court Rule 775 allows the presiding judge in the judicial circuit to appoint a receiver. The duties of the receiver include taking custody and making an inventory of files; contacting clients; take steps to sequester funds; and take whatever action necessary to protect the interests of the attorney, his clients, and other parties.

ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.

Heyl Royster announces that ISBA Past President Tim Bertschy has succeeded Gary Nelson as the firm’s Managing Partner. Mr. Nelson will continue at the firm as a shareholder and a member of the firm’s Executive Committee.

“Tim and I have worked closely together during the past few years, and I have great confidence that he will succeed in his new role,” said Mr. Nelson. “His vision for the firm has made it a seamless transition.”

Mr. Bertschy, who also serves as the chair of the firm’s Governmental and Business & Commercial Practices, said, “I’m honored to have the opportunity to serve Heyl Royster and its wonderful, hardworking team of attorneys during this period of unprecedented growth for the firm.”

Richard Felice, president of the Illinois State Bar Association (ISBA) said “Tim is well deserving of this opportunity. When he served as ISBA president, he did a great job. Two things I must say about Tim is that he has a reputation as a great attorney and he is an advocate for his clients. He also has a wonderful way with people.”

The Illinois Supreme Court announced on Tuesday that its standards and principles on electronic filing have been amended and expanded to allow trial courts in Illinois to begin electronic filing of court documents in criminal and traffic cases.

"I wholeheartedly support the increased use of technology in our courthouses and courtrooms," Chief Justice Rita B. Garman said. "Amending our electronic filing standards will streamline the system and increase its efficiency by expanding the types of cases that can be e-filed, generating savings to the taxpayer and conserving environmental resources."

This e-filing expansion also will greatly benefit counties that would implement an e-Traffic Citation program along with e-filing, allowing participating counties to eliminate the need to transmit the paper copy of the e-Citation, which makes up the highest volume of filed documents.

Originally, electronic filing in Illinois circuit courts began in September 2002, when the Supreme Court approved e-filing of civil case court documents as a pilot program. That program took effect January 1, 2003. During that time, a total of five counties were approved to operate e-filing pilots: Cook, DuPage, Madison, St. Clair, and Will.

In October 2012, the Supreme Court announced new statewide standards and principles that completed the pilot stage of civil case e-filing in Illinois' circuit courts. The new standards and principles permit and encourage all circuit court clerks, in partnership with the chief circuit judge, to apply for approval for permanent and on-going e-filing procedures.