The Illinois Supreme Court handed down two opinions on Friday, October 18. In People v. Murray, the court reversed a defendant’s conviction of unlawful possession of a firearm by a street gang member on the basis that the Illinois Streetgang Terrorism Omnibus Prevention Act requires proof of specific offenses in order to satisfy the “course or pattern of criminal activity” element necessary to establish that an individual is a street gang member. In People v. Austin, the Supreme Court rejected a circuit court’s determination that a criminal charge against a woman who distributed private sexual images of her ex-fiancee’s lover violated her first-amendment rights.
Practice News
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October 18, 2019 | Practice News
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October 18, 2019 |
Practice News
The Administrative Office of the Illinois Courts announced today that it will receive a $100,000 grant from the National Center for State Courts (NCSC) as part of the Justice for All (JFA) project. The Illinois Courts’ Access to Justice Commission (ATJ) will use the funds to support a strategic action planning effort to expand access to justice in Illinois.
JFA grants, which are funded by The JPB Foundation, The Public Welfare Foundation, The Kresge Foundation, and Open Society Foundations, were created in an effort to implement two advanced resolutions: meaningful access to effective assistance for essential civil legal needs and for traditional and non-traditional stakeholders to collaborate to develop a comprehensive approach to achieve meaningful access to justice.
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October 14, 2019 |
Practice News
The purchase of a home with hidden defects has a body of law of its own. At its center is the Residential Real Property Disclosure Act. While it is commonly known that sellers must disclose certain defects, the nuances may be less known. What type of defects must be disclosed? Can a seller give an example of the problem, as opposed to an exhaustive list? Can a seller rely on the real estate agent’s advice about what to disclose? What if the sellers deny that they were aware of the defects? What if the sellers claim they believed the issue had been repaired? In his October Illinois Bar Journal article, “Full Disclosure,” Joseph Rubas answers these questions so that you can help your new-homeowner clients.
4 comments (Most recent November 13, 2019) -
October 10, 2019 |
Practice News
The Illinois Judicial Ethics Committee (IJEC), a joint committee of the Illinois State Bar Association, the Chicago Bar Association, and the Illinois Judges Association, has released answers to Frequently Asked Questions (FAQs) as a resource for judges and attorneys seeking election or retention to judicial positions in Illinois.
The resource provides answers to common practical and ethical questions asked by judicial candidates. Recognizing that many candidates may be unfamiliar with the provisions of the Illinois Code of Judicial Conduct and Illinois Election Code that govern judicial elections, the FAQs are designed to help those who plan to run for judicial office conform with the applicable requirements.
1 comment (Most recent October 10, 2019) -
October 9, 2019 |
Practice News
Attorney Adam Stivers discusses the problematic rate of attorney suicide and mental health issues, and what lawyers can do to feel healthier.
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October 7, 2019 |
Practice News
Minors have no common-law or constitutional right to be tried in juvenile court. Accordingly, there are a number of statutory options the state has under the Adult Code of Corrections to either try or sentence minors as adults. But all is not lost, according to veteran Cook County Public Defender Kathy Roller. In her October Illinois Bar Journal article, “Transfers, EJJs, and Defense Attorneys, Oh My!,” Roller leads a master class in fighting for a juvenile client who is facing the possibility of adult prison.
"There is a lot of work to be done in a short period of time and a child’s life hangs in the balance,” Roller writes. “The pressure and stress can be significant. Give this work the respect it deserves. So, panic once. And then let it go. Focus all of your energy on winning the case.”1 comment (Most recent October 10, 2019) -
October 4, 2019 |
Practice News
By Michael G. Bergmann
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. 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.
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October 2, 2019 | Practice News
The Illinois Judicial Conference (IJC) has announced its three-year strategic agenda for the Illinois judicial branch.
The IJC has created a mission statement, vision statement, and core values for the branch, along with strategic goals and strategies designed to achieve them. The agenda will serve as a guide for the future of the branch as it begins the implementation phase.
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September 30, 2019 | Practice News
The Illinois Supreme Court on Sept. 26 amended Rules 206, 212, 306, 308, 315, and 342. All changes go into effect Oct. 1.
Amended Rule 206 makes it explicitly clear that a “party has the right to use the video recording of a deposition or any part thereof in lieu of reading from a stenographic transcript of the deposition.”
Amended Rule 212 states that discovery depositions may be used “as a former statement, pursuant to Illinois Rule of Evidence 801(d)(2).”
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September 30, 2019 |
Practice News
ISBA members believe the greatest threat to the legal profession is competition from nonlawyer legal services. But when asked to identify the biggest threat to their own practice, members said the unwillingness or inability of clients to pay. The two assertions are arguably correlated: Clients who struggle to pay may look for cheaper alternatives next time. The findings are among many thought-provoking results from the 2019 Economic, Marketing, and Business Health Survey conducted this spring by Readex Research on behalf of the ISBA’s Standing Committee on the Future of Legal Services. The purpose of the survey is to “better understand the current economic climate [and] marketing and business practices among ISBA members … in private practice.” More than 800 private-practicing members completed the survey, which is summarized in October’s Illinois Bar Journal.