Practice News

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.

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.

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.

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.