2018 Articles

Pursuant to the Election Code's statutorily mandated increases for inflation, the State Board of Elections adopted amendments to Campaign Financing (26 Ill. Adm. Code 100 (effective June 19, 2018)) establishing new limits for political contributions.

On February 26, 2018, the first district appellate court remanded, with direction, a case to the trial court to give proper admonishments regarding perfecting an appeal, and to allow the defendant the opportunity to file proper post-plea motions, per Rule 605(c).

The Department of Revenue adopted amendments that codify the amount of the standard personal exemption for taxpayers, the amount of additional exemptions for the blind and elderly, and a cost-of-living adjustment to the standard exemption in future years (86 IAC 100; 41 Ill. Reg. 6436 (eff. Nov. 11, 2017)).

The Code of Civil Procedure was amended to require notice be given for any name change involving a minor and the Illinois Marriage and Dissolution of Marriage Act received updates to its provisions regarding the use of former or maiden names and maintenance payments.

Section 7 of the Illinois Criminal Justice Information Act, which generally grants the Illinois Housing Development Authority specific powers and responsibilities, was amended to enable the Authority to develop, publish, and facilitate the implementation of a 4-year statewide violence prevention plan.

The Illinois Plain Language Task Force Act is amended by the following changes. The newly amended mission of the Illinois Plain Language Task Force is to implement, monitor, and maintain the mission of the Act.

The First District Appellate Court recognized a "common-interest" exception to the waiver of attorney-client and work-product privileges where two co-defendants met and shared information about the lawsuit as part of a "joint defense agreement."

Plaintiff bought a condominium unit at a judicial foreclosure sale. Defendant demanded that Sylva pay assessments that accrued during the prior owner's ownership of the condominium.

The Department of State Police adopted a new regulation titled Disclosure of Forensic Laboratory Toxicological Testing Results (20 Ill Adm. Code 1287 (effective May 15, 2018)) that aims to create more uniformity in toxicology evidence produced by the department that would lead to a proper, well-formed determination of the admissibility of toxicology evidence.

Trial counsel's failure to object to de minimis fines does not constitute a performance so inadequate as to render the representation constitutionally deficient in violation of the Sixth Amendment's right to counsel.

Randhurst Crossing had commercial property that was subject to foreclosure. Randhurst filed for Chapter 11 bankruptcy in federal court, which stayed foreclosure proceedings.

In July 2014, defendant Darren Johnson was arrested for shoplifting $76.91 worth of clothing from a local Wal-Mart. The state charged the defendant with retail theft and burglary.

The Illinois Appellate Court ruled that a trial court failed to ask follow-up questions after a defendant made a claim of ineffective assistance of counsel. Additionally, pepper spray used on a store clerk is a "dangerous weapon" within the meaning of the armed robbery statute.

Serving as the personal representative of his wife's estate, the plaintiff brought suit against defendants Silvis Operations, LLC (which owns and operates Lighthouse of Silvis, an assisted living facility in Silvis, Illinois) and Cynthia McCoy (a nurse at that facility).

The appellate court reversed and remanded the dismissal of a petition for relief from judgment where it found that court-appointed counsel failed to provide adequate assistance of counsel by not amending its petition to overcome the procedural bar of untimeliness.

The Secretary of State adopted amendments to Illinois Safety Responsibility Law (42 Ill. Adm. Code 6601 (effective Aug. 23, 2018)).

On June 27, 2018, the Second District Appellate Court of Illinois affirmed the conviction of a man accused of violating an order of protection, stalking his ex-wife, and aggravated stalking of his ex-wife because of his social media usage.