Effective January 1, 2011, the Illinois Supreme Court is letting unpublished Rule 23 orders be posted on its website, making them much more readily available to the public and the legal community. The orders still may not be cited as precedent (except, as under the earlier version of the rule, "to support contentions of double jeopardy, res judicata, collateral estoppel or law of the case" -- see more in a LawPulse item from the June IBJ). That will disappoint some folks. But at least Rules 23 orders will be easy to access. Lawyers should enthusiastically cheer this rule change.
But there's something else in the revised rule that may be just as important. Maybe more important, because it affects published opinions as well as unpublished orders. It provides that "the clerks of the appellate court shall transmit an electronic copy of each opinion or order filed in his or her district to the webmaster of the Illinois Supreme and Appellate Courts' Web site on the day of filing." If I'm reading it right, that could remove the sometimes lengthy lag between the filing of an opinion and its posting on the Web. If that's the case, it's reason to cheer even louder.
Practice News
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September 14, 2010 |
Practice News
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September 14, 2010 |
Practice News
Illinois Supreme Court Chief Justice Thomas Fitzgerald announced Monday that he has Parkinson's disease and will retire effective Oct. 25. “I didn’t want to do anything to hurt the Court or the people it serves,” he said. “Right now, I’m fully capable of discharging its duties. I don’t know how much longer that will be true.” Fitzgerald recommended Appellate Court Justice and ISBA Board member Mary Jane Theis as his replacement and she was appointed by the high court. Justice Theis will serve an interim term of a little more than two years and the seat will be up for election in 2012. She has been a member of the Appellate Court in Cook County since 1993, and a judge since 1983. Read the Illinois Supreme Court release on Chief Justice Fitzgerald's retirement. Read more in the Chicago Sun-Times and Chicago Tribune.
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September 13, 2010 |
Practice News
Incumbent Timothy C. Evans was elected to his fourth three-year term as Cook County chief judge this afternoon in a vote of the Circuit Court judges. The final vote count was 174-82. Evans faced his first challenge as chief judge from Law Division Presiding Judge William D. Maddux.
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September 13, 2010 |
Practice News
If you do any estate planning or have older family members, you may want to read this post. Your world may be dramatically changed if the proposed rules implementing the federal Deficit Reduction Act of 2005 are approved. These rules are being proposed by the Illinois Department of Healthcare and Family Services (HFS) and drastically change Medicaid eligibility. HFS characterizes them simply as an effort to "close loopholes." Read on; you be the judge. Our Elder Law Section Council thinks that these proposed rules are unfair and unjust to seniors, people with disabilities, and their families. The Section presented testimony in opposition to these proposed rules at the hearing conducted by HFS this morning. To summarize, the Section believes that HFS' proposed rules are more restrictive and punitive than what is required by federal law. An example is the part that makes these changes retroactive -- changing the rules late in a senior's life. HFS stated that they were interested in hearing from people to better evaluate their proposed rules and plans to hold another hearing in Springfield on Sept. 28. HFS does have the legal authority to amend these rules before final submission to the Joint Committee on Administrative Rules. The 12 legislators appointed to serve on JCAR have the final say on proposed rules.
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September 13, 2010 |
Practice News
Illinois Supreme Court Justice Lloyd A. Karmeier announced Monday that an application process has begun for a Circuit Court vacancy in Williamson County, First Judicial Circuit. The resident Circuit vacancy is being created by the announced resignation of Circuit Judge Ronald R. Eckiss, effective November 1, 2010. Under the Illinois Constitution, the Supreme Court holds the authority to fill interim judicial vacancies. Justice Karmeier uses an application, evaluation and interview process to make recommendations to the Court for vacancies in the Fifth Judicial District. Applicants must submit a cover letter with the Requested Information of an Applicant Form to: Justice Lloyd A. Karmeier Supreme Court of Illinois P.O. Box 266 Nashville, IL 62263 The form may be obtained from the office of Chief Judge Mark H. Clarke of the First Judicial Circuit in Cairo; or from Williamson County Circuit Clerk Stuart Hall; or from Resident Circuit Judges Ronald Eckiss and Phillip Palmer at the Williamson County Courthouse; or from the Williamson County Bar Association or from Justice Karmeier. Applicants' cover letter and completed form must be received in Justice Karmeier's office no later than Thursday, October 7, 2010. The person appointed to fill the vacancy will serve until the position is filled through the November 2012 General Election. The appointment will terminate December 3, 2012. To be eligible for appointment, a person must be a resident of Williamson County at the time of the appointment. Williamson County is one of nine counties in the First Judicial Circuit; the First Judicial Circuit is also comprised of the southern Illinois counties of Alexander, Jackson, Johnson, Massac, Pope, Pulaski, Saline and Union.
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September 12, 2010 |
Practice News
Having trouble with a sentence or paragraph? Read it aloud. I have read--and can't find the source right now--that every professional writer does this. And are not lawyers professional writers? If your prose feels clunky or awkward, your ear will tell you and often suggest a fix as well. Our most famous Illinois lawyer did this as a matter of course. Lincoln loved to read aloud as soon as he learned how to read. “I can always tell more about a thing after I’ve heard it read aloud, and know how it sounds.” (The Eloquent President, by Ronald C. White, Jr.) Writer Jonathan Franzen was profiled in piece in the August 23rd issue of Time. Lev Grossman noted that Franzen is "often hoarse by the end of the day because he performs his dialogue out loud as he writes it. (This may account for its strikingly naturalistic quality.)" I got an old copy of Barbara Tuchman's Practicing History Selected Essays off the shelf to take to the used book sale bin at Lincoln Library. As I was flipping through the pages, I noted that I had highlighted these sentences by Tuchman years ago: "After seven years' apprenticeship in journalism, I discovered than an essential element for good writing is a good ear. One must listen to the sound of one's own prose. This, I think, is one of the failings of much American writing. Too many writers do not listen to the sound of their own words." (Page 16) I can't say that I read everything aloud, but if it is important or I'm having trouble with a chunk of text, I do. And it works. Try it.
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September 12, 2010 |
Practice News
By Gerald S. Schur As in every legal endeavor, a major factor in achieving success is preparation. Many articles and organizations stress financial planning, but few address satisfaction in retirement. Most happy retirees started planning their principal post-retirement activities at least a few years before taking the retirement plunge, as did this author. Lawyers are in a unique position to plan for a satisfying retirement, particularly those involved in bar associations and civic activities. As an example, your author was active during his career in several bar associations, including the ISBA, a field of law specialty association, a local bar association and an ethnic bar association, and continues to be active in those associations after retirement. Continued involvement in bar activities keeps your mind focused on legal issues and the promotion of the legal profession and improvement of the reputation of attorneys in the community. As an added benefit, most of the associations offer reduced dues following retirement in accordance with ARDC criteria. Many bar associations reach out to the public, and such particular activities provide retired attorneys with the opportunity to volunteer their legal or social services. Many social organizations seek educated individuals to mentor and teach young people and adults. Retired lawyers are excellent candidates to provide desperately needed volunteers to help segments of the population whose lives can be improved by these services. Your author answered a plea in a bar association publication for tutor/mentors for inner-city youths.
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September 10, 2010 |
Practice News
The current term of office of the Honorable David G. Bernthal, United States Magistrate Judge for the Central District of Illinois at Urbana, is due to expire on April 30, 2011. The Court is considering the reappointment of Judge Bernthal for an additional eight-year term and is soliciting comment from the bar and public as to whether Magistrate Judge Bernthal should be recommended for reappointment. Written comment should be sent to Pamela E. Robinson, Clerk of Court, 210 U.S. Courthouse, 600 E. Monroe, Springfield, Illinois, 62701 by September 30, 2010. All comments received by the Court will be provided to the Merit Selection Panel of attorneys and private citizens from the Urbana Division of the Court. This panel will consider the comments received and will assess Judge Bernthal’s performance in office. The Panel will then make its recommendation to the Court regarding reappointment.
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September 10, 2010 |
Practice News
By Peter LaSorsa This is not meant to be an advertisement for eFax but rather an evaluation of the pros and cons of using an electronic faxing service instead of the traditional fax machine. I recently was in an attorney’s office for a deposition and noticed he had staff feeding pages into a fax machine and then calling the other side to discuss some issue related to the quality of the fax. I was amazed that people still utilize the old fax machine. I have been a subscriber to eFax for about five years now and can’t imagine not utilizing the service. First a brief primer on what eFax is. You pay a yearly fee and in exchange you receive a fax number (area code of your choosing), and unlimited faxes for the year. You can also select plans that limit the amount of pages you can send or receive per month (and you pay extra when you go over that limit). Basically, you send a fax by opening the eFax software, selecting a document from your computer and typing in the other persons fax number — then hitting the send button on the computer screen. You can even have yourself cc’d on the fax. Receiving a fax is even easier. When someone sends you a fax, it shows up in your email inbox as a pdf file. The great advantage to receiving the fax this way is easy storage on your computer and the ability to forward the fax to your client — who probably doesn’t have a fax machine. It’s also great because I can get the fax on my Blackberry and review it while out of the office. Another great advantage is you can send a fax from your desktop, laptop or any other computer.
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September 9, 2010 |
Practice News
Illinois' tax amnesty program begins October 1, allowing errant taxpayers (make that taxnonpayers) to pony up while avoiding interest and penalties they'd otherwise be liable for. Unlike the most recent amnesty program, participation in this one doesn't "preclude a taxpayer from claiming a refund for an overpayment of tax on an issue unrelated to the issues for which the taxpayer claimed amnesty," write David J. Kupiec and Natalie M. Martin in the most recent issue of ISBA's Tax Trends. Read more.