Practice News

Chief Justice Thomas L. Kilbride and the Illinois Supreme Court announced Tuesday a new rule that will allow jurors in civil cases to pose their own questions to a witness.

The rule has undergone extensive study since it was received by the Supreme Court Rules Committee in August 2010, and was discussed at a public hearing where it received the support of the Chief Judge of the Northern District of Illinois, the Illinois State Bar Association, the Chicago Bar Association and others.

It will go into effect July 1, 2012 as Supreme Court Rule 243.

"This proposal was the subject of much discussion – both internally by the Illinois Supreme Court Rules Committee at several of its meetings and at a public hearing in May 2011," said Chief Justice Kilbride. "Based on the comments of those who have used or seen the procedure at trials, such a rule enhances juror engagement, juror comprehension and attention to the proceeding and gives jurors a better appreciation for our system of justice. The rule is written so that its implementation rests with the discretion of the trial judge and with safeguards so that the testimony it elicits complies with the rules of evidence."

John B. Simon, chair of the Rules Committee, believes the scrutiny given the proposal before its adoption will benefit not only jurors, but lawyers, judges and the entire system of justice.

Chief Justice Thomas L. Kilbride of the Illinois Supreme Court and Chief Judge Val Gunnarsson of the 15th Judicial Circuit in northwestern Illinois announced on Wednesday that news cameras will be allowed in trial courts in five additional Illinois counties under a pilot program approved by the Supreme Court earlier this year.

The counties that make up the 15th circuit are Carroll, Jo Daviess, Lee, Ogle and Stephenson. They join Madison County in the Third Judicial Circuit, Kankakee County in the 21st Judicial Circuit and Henry, Mercer, Rock Island and Whiteside counties in the 14th Judicial Circuit where extended media coverage was approved earlier by the Supreme Court.

“Chief Judge Gunnarsson’s application and approval by the Supreme Court to allow cameras in the trial courtrooms in the 15th Circuit bring more geographical diversity to the pilot project for electronic coverage approved earlier this year,” said Chief Justice Kilbride. “The 15th Circuit is a more rural area, and will provide a host of smaller newspaper and radio stations with the opportunity to provide their readers and listeners with picture and audio coverage.

“As the pilot project goes forward, I am confident that Chief Judge Gunnarsson and all the judges in the 15th Circuit will carefully balance the goals of greater openness and access to the courts while ensuring the constitutional guarantees of a fair trial and a fair proceeding.”

Approval of the 15th Circuit extends the pilot project to the Second Judicial District.

Asked and Answered

By John W. Olmstead, MBA, Ph.D, CMC

Q. Our firm was started 20 years ago by four partners. We now have the original four partners as well as six associate attorneys. Originally, each of the four partners contributed $25,000 to their capital accounts. We are considering extending partnership to a couple of the associates. We have talked with other law firms and some require buy-ins (capital contributions) and others do not. What are your thoughts?

A. My first question is whether you are planning on creating a non-equity partnership tier. If so, then the associates would initially be brought into that tier first.

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. This week he covers House Bill 3944 (Eavesdropping), Senate Bill 3763 (Victim impact statement), House Bill 5214 (SCRAM devices and DUIs), House Bill 5262 (Video interrogations) and House Bill 5434 (Post-judgement procedures). More information on each bill is available below the video.