This year, legalized recreational cannabis was supposed to dominate the news in Illinois and elsewhere (other things happened). In their October Illinois Bar Journal article, “What’s That Smell?,” Emily L. Fitch and Brenda M. (Duke) Mathis revisit Illinois’ new cannabis-related laws and follow the legal issues sprouting from cannabis legalization. They conclude multiple issues remain to be clarified by legislative action and caselaw, including questions surrounding probable cause with the scent of cannabis alone and whether a free air sniff is sufficient when the dog has been trained to detect cannabis. Up to this point, Illinois courts have placed only limited restrictions on free air sniffs. However, it does appear that the reviewing courts are prepared to throw out a prosecutorial-minded approach to the free air sniff and write new caselaw in the face of cannabis legalization. Fitch and Mathis also summarize new cannabis laws and compare Illinois with other states revisiting probable-search caselaw in light of cannabis legalization.
Practice News
-
-
Chief Justice Anne M. Burke and the Illinois Supreme Court announced today the amendment of Rule 415, which will allow attorneys to provide a copy of discovery to a defendant unless good cause is shown why the discovery should not be furnished to the defendant.
1 comment (Most recent October 26, 2020) -
October 22, 2020 |
Practice News
By Michael Bergmann, Executive Director of the Public Interest Law Initiative
Coordinated by the American Bar Association’s Standing Committee on Pro Bono and Public Service, Pro Bono Week is intended to inspire even greater pro bono participation by lawyers throughout the nation. In 2020, Pro Bono Week will be celebrated from October 25-31. This initiative provides an opportunity for legal organizations across the country to collaboratively commemorate the vitally important contributions of America’s lawyers and to recruit and train the many additional volunteers required to meet the growing demand. The Standing Committee on Pro Bono and Public Service undertook this initiative to provide a format for showcasing the incredible difference that pro bono lawyers make to our nation, to our system of justice, to our communities and, most of all, to the clients they serve. For more information, visit www.celebrateprobono.org.
-
The Illinois Supreme Court handed down three opinions on Thursday, October 22. In People v. Lusby, the court denied a defendant’s request for leave to file a successive post-conviction petition asserting that his sentencing hearing was constitutionally inadequate. In Tabirta v. Cummings, the court considered whether the existence of one part-time employee who services a few of a defendant corporation’s customers from his home in Cook County satisfies the “other office” or “doing business” prongs of section 2-102(a) of the venue statute. In Goral v. Dart, a split court allowed disciplined and fired Cook County correctional officers to continue their lawsuits against Cook County Sheriff Tom Dart.
-
October 22, 2020 |
Practice News
The United States Department of Justice, Antitrust Division, is seeking highly qualified attorneys to serve as trial attorneys in the Chicago office.
-
During the COVID-19 pandemic, some Illinois courts have been conducting hearings and small-claims trials via video conferencing. While public health concerns continue, this technological approach to court business has had its silver linings. Witnesses, for example, have been able to testify remotely, saving travel expense and time. Perhaps such remote court technology also will complement the increasing use of foundational affidavits for business records, since the other party will have ample opportunity to challenge foundational sources during discovery and trial. As Christopher DiPlacido writes in his October Illinois Bar Journal article, “For the Record,” the basic modern approach starts from the premise that all evidence is competent until the reverse is shown. Generally, DiPlacido shows, Illinois Supreme Court Rule 236 liberalizes the rules of evidence pertaining to regular business records by eliminating the need for the preparer’s testimony or proof of authorship.
-
October 16, 2020 |
Practice News
The Illinois Department of Healthcare and Family Services has an opening for two attorneys in the Springfield office.
-
October 15, 2020 |
Practice News
The Office of the General Counsel of the U.S. Department of Health and Human Services (HHS) seeks to fill one or more attorney positions in our Chicago office. Interested members of the ISBA are encouraged to apply.
The anticipated salary ranges are at Grades 11 through 14 (salary range from approximately $70,987 - $119,559 annually), depending on experience and other qualifications.
-
October 14, 2020 |
Practice News
The ISBA will be sharing videos from members of the ISBA Standing Committee on Delivery of Legal Services in honor of National Pro Bono Week.
National Pro Bono Week is recognized on October 25-31 this year.
-
Illinois attorneys now have a convenient online portal that simplifies and centralizes recordkeeping for continuing legal education (“CLE”) credits. Using the online system unveiled by the Illinois Supreme Court and the Court’s Minimum Continuing Legal Education (“MCLE”) Board today, attorneys can easily view their credits earned from accredited courses and qualifying bar association meetings, as well as other details about those CLE credits. The new portal is available here.