The Illinois Supreme Court has adopted a new rule and amended another to address the use of restraints on a minor in delinquency proceedings arising under the Juvenile Court Act of 1987.
The new rule and rule changes take effect November 1, 2016.
New Supreme Court Rule 943 (Use of Restraints on a Minor in Delinquency Proceedings Arising Under the Juvenile Court Act) provides that instruments of restraint shall not be used on a minor during a court proceeding unless the court finds, after a hearing, that such restraints are necessary to prevent physical harm to the minor or another, the minor has a history of disruptive behavior that presents a risk of harm, or there is a well-founded belief that the minor presents a substantial flight risk. Amendments were also adopted to Rule 941 to state that the rules in Article IX apply to all juvenile delinquency proceedings filed under Article V of the Juvenile Court Act of 1987.
ISBA members, sign up to receive The Bar News' biweekly e-newsletter by emailing emailpreferences@isba.org
-
October 6, 2016 |
Practice News
-
October 6, 2016 |
Practice News
Illinois Attorney Chuck Newland discusses the basics of an uncontested adult guardianship from intake to plenary hearing.
-
October 5, 2016
Though the term "joint parenting" has replaced "joint custody," the joint-custody concept survives under the revised IMDMA -- which means judges must continue to put kids first when making parenting decisions. That's the view of retired Champaign County Circuit Court Judge Arnold F. Blockman, who says "joint custody" is just as available now as before the enactment of the divorce-law rewrite that took effect last January 1. This is true despite the creation under the new law of an entirely new vocabulary to describe parenting, says Blockman, who serves on the ISBA's Family Law Section Council. In the August Family Law newsletter, Blockman opines that "[w]hatever the other merits…of the new Act, it certainly changed nothing (except terminology) in regard to the parties agreeing as to joint parenting or the ability of the court to impose joint parenting on the parties even without agreement of one or both parents." As a result, judges still must make sure that divorcing parents have the kind of willingness to cooperate and mutual respect that make joint parenting possible. Find out more in the October Illinois Bar Journal.
-
October 5, 2016 |
ISBA News
The ISBA has created a new website, designed by and for new lawyers, that focuses on content and video curated just for lawyers in their first five years of practice.
-
October 5, 2016 |
Practice News
Asked and Answered By John W. Olmstead, MBA, Ph.D, CMC Q. I am the managing partner of an eighteen attorney firm in New Orleans. We have six equity founding partners, four non-equity partners, and eight associates. We represent institutional clients. Four of the six equity partners are in their sixties and two are in their late fifties. The six equity partners are concerned about the future of the firm as they approach retirement. If they retired today the firm would cease to exist - the non-equity partners would not be able to retain our existing clients and acquire new clients. We have not been successful at motivating our non-equity partners to develop and bring in new clients. We have harped on this for years and encouraged all attorneys to develop business. We implemented a component of our non-equity partner and associate compensation system to compensate them for new client origination. Unfortunately, we have not been able to motivate our non-equity partners and associates to develop new sources of business. Our non-equity partners and associates have a nine to five work ethic and an entitlement mentality. Would you share your thoughts?
-
October 4, 2016 |
CLE
The Illinois Supreme Court amended its rules in 2013 to allow attorneys to enter limited scope appearances in civil cases and to make it easier for attorneys to provide unbundled services to their clients. Even so, many attorneys remain hesitant to incorporate limited scope representation into their practices. Join us in Chicago or via live webcast on October 13, 2016 for a look at how limited scope representation can benefit both attorneys and clients, the best practices and ethical considerations in limited scope, and how attorneys are using limited scope representation in their daily practices. The need for pro bono services in Illinois and the availability of limited scope pro bono opportunities are also discussed.
-
October 3, 2016 |
Member Services
The ABA Retirement Funds Program is hosting a live educational webinar entitled “What is Happening in Washington, D.C. Can Impact Your Retirement Plan” on Thursday, October 13 at Noon Central (1PM Eastern). Registration is free and a copy of the presentation can be emailed to you should you want to reference the information in the future. Register online.
-
September 30, 2016 |
ISBA News
Campaign season for the 2017 Illinois State Bar Association election began October 1 for open leadership seats of 3rd Vice President; Board of Governors for Cook County (2), Under Age 37 Cook County (2), Under Age 37 Outside Cook County (1); and Assembly Cook County (21). ISBA election voting begins in late March and concludes April 28, 2017. The 2017 ISBA Notice of Election is now available. Find out more at www.isba.org/elections
-
September 30, 2016
ISBA President Vincent F. Cornelius spoke at the Peoria County Bar Diversity Luncheon reception in Peoria on September 29, 2016. -
September 28, 2016
In 2010, two women who had been domestic partners since 1981 became involved in litigation related to the end of their relationship. In particular, Jane Blumenthal sought a partition of the residence that both women jointly owned. Her former partner, Eileen Brewer, filed a counterclaim that sought the restitution of funds that Blumenthal had used from the couple's joint account to purchase a medical practice. The Circuit Court of Cook County dismissed Brewer's restitution claim, citing the Illinois Supreme Court's ruling in Hewitt v. Hewitt, 77 Ill.2d 49 (1979), which held that Illinois public policy precludes unmarried cohabitants from bringing claims designed to enforce mutual property rights based on a marriage-like relationship. The Illinois Appellate Court, First District reversed, finding that the public policy discussed in Hewitt has changed since 1979 because the public's attitudes towards marriage have changed significantly. Late this summer, the Illinois Supreme Court reversed the first district in Blumenthal v. Brewer. The high court held that Hewitt remains good law and scolded the first district for violating the principle of stare decisis.