2021 Articles

HIV transmission decriminalized

October
2021
Illinois Law Update
, Page 14
This Act amends the Criminal Code of 2012 and repeals the statute that creates the offense of criminal transmission of HIV.

Holiday Greetings

By Anna P. Krolikowska
December
2021
Column
, Page 8
The ISBA’s top elected leaders send members their annual season’s greetings as we close out 2021.

How Courts Hear Children

By Molshree A. Sharma
December
2021
Article
, Page 32
Parties in federal arbitration can subpoena information from nonparties, but there are significant limitations—limitations that sometimes can be overcome.

Human trafficking offense bars individual from operating motor vehicle

December
2021
Illinois Law Update
, Page 14
The Department of Transportation amended Commercial Driver’s License Standards; Requirements and Penalties. The amendment responds to the federal “No Human Trafficking on Our Roads Act” and the Federal Motor Carrier Safety Administration’s added penalties for human trafficking.

Husband may waive attorney-client privilege by gifting his old cell phone to his minor child

May
2021
Illinois Law Update
, Page 16
On Feb. 16, 2021, the Third District of the Illinois Appellate Court remanded an attorney-client-privilege case to determine whether the crime-fraud or waiver exceptions to attorney-client privilege applied when a husband underreported his income during a marriage dissolution proceeding.

Husband’s obligations under Illinois divorce law do not conflict with obligations under affidavit of support

September
2021
Illinois Law Update
, Page 18
On June 18, 2021, the Second District of the Illinois Appellate Court reversed and remanded a circuit court’s holding that an individual must seek federal relief to a Form I-864 breach-of-contract claim.

I Do Solemnly Sponsor

By Russell D. Knight & Stephanie L. Tang
September
2021
Article
, Page 14
Enforcing an I-864 affidavit in an Illinois divorce.

Illinois and the Data Center Game

By James Connolly Jr. & Joseph P. Sweeney
August
2021
Article
, Page 38
Data centers, tax incentives, the Prevailing Wage Act, and issues of preemption.

The Illinois Bar Journal’s Creative Writing Contest Winner

September
2021
Column
, Page 50
The battle between an attorney and Big Bob the Robin. By Stephen J. Rice

Illinois establishes the Housing Is Recovery Pilot Program providing affordable housing to individuals suffering from severe mental illnesses or substance use

October
2021
Illinois Law Update
, Page 14
This Act creates the Housing Is Recovery Pilot Program within the Department of Human Services’ division of mental health.

Illinois Gaming Board enacts rules clarifying digital service and license renewal fees

June
2021
Illinois Law Update
, Page 14
The Illinois Gaming Board adopted amendments to the part titled Video Gaming (General), which implements sections of the Video Gaming Act.

Illinois Labor Relations Board adds email filing to procedurally-sound service options

February
2021
Illinois Law Update
, Page 14
The Illinois Labor Relations Board adopted an amendment to authorize email service of unfair labor-practice charges by the charging party upon the respondent, with the respondent’s consent.

Illinois Labor Relations Board establishes procedures for remote hearings

May
2021
Illinois Law Update
, Page 16
The Illinois Labor Relations Board adopted amendments to its general procedures allowing for remote hearings through video conferencing technology.

Illinois Pollution Control Board adopts comprehensive rules on regulating coal ash

August
2021
Illinois Law Update
, Page 18
The Illinois Pollution Control Board adopted several new sections of its waste disposal regulations and created statewide standards for disposing of coal combustion residuals (CCR) in surface impoundments. CCR is commonly known as “coal ash” and is created when coal is burned at power plants.

Illinois protects against discrimination based on work authorization status

November
2021
Illinois Law Update
, Page 16
The Illinois Human Rights Act was amended to prevent discrimination based on work-authorization status. The amendment defines “work authorization status” as an individual born outside of the U.S. who is not a U.S. citizen and is authorized to work in the U.S.

Illinois Residential Evictions: A Crash Course

By Hon. David W. Butler (ret.) & Adrian Barr
October
2021
Article
, Page 38
The eviction process in Illinois and the statutes and caselaw that establish the basis for, and defenses to, eviction lawsuits.

Illinois Supreme Court bars whistleblower claim on ministerial-exception grounds

April
2021
Illinois Law Update
, Page 18
On Feb. 4, 2021, the Illinois Supreme Court applied the First Amendment ministerial-exception doctrine to bar a whistleblower claim filed by a “lay principal” at a Catholic school.

Illinois Supreme Court declines to apply the single-publication rule to allegedly defamatory material screened multiple times

June
2021
Illinois Law Update
, Page 14
On March 18, 2021, the Illinois Supreme Court held that the single-publication rule does not apply to defamatory material screened multiple times.

Illinois Supreme Court Extends Virtual Mentoring

By Ed Finkel
January
2021
LawPulse
, Page 10
ISBA continues to partner with and support the Illinois Supreme Court Commission on Professionalism’s mentoring efforts.

Illinois Supreme Court holds good-conduct credit is relevant to determination of a de facto life sentence for juveniles

October
2021
Illinois Law Update
, Page 14
The defendant, age 14 at time of shooting, was convicted after jury trial of one count of first-degree murder and two counts of attempted first-degree murder and sentenced to a 76-year aggregate term.

Illinois Supreme Court rules that admonishment requirements apply only to defendants pleading guilty at arraignment

June
2021
Illinois Law Update
, Page 14
On March 18, 2021, the Illinois Supreme Court ruled that admonishment requirements under 725 ILCS 5/113-4(c) apply only when a defendant pleads guilty at arraignment.

Illinois-based film and television production entitled to tax credit

July
2021
Illinois Law Update
, Page 14
The Department of Commerce and Economic Opportunity adopted amendments to the Illinois Film Production Services Tax Credit Program. The amendments attempt to close a loophole tax credit that exploited the requirement that productions shoot at least one day of principal photography in Illinois to receive the credit.

Illinoiscourts.gov Hits Refresh

By Pete Sherman
August
2021
LawPulse
, Page 12
New Illinois Supreme Court districts map is rushed through the legislature, signed by the governor, then delayed by the Court.

Improve Your Data Security by a Factor of Two

By Jeffrey R. Schoenberger
June
2021
Column
, Page 38
Two-factor identification is a simple way to secure data stored in online accounts.

In Zoom We Trust

By Rhys Saunders
April
2021
LawPulse
, Page 14
Illinois holds its first remote jury trial.

Inclusivity & Interdependence; Diversity & Dialogue

By Dr. Mary L. Milano & Kenya A. Jenkins-Wright
July
2021
Column
, Page 50
The cochairs of the ISBA’s Steering Committee on Racial Inequality on desiring equality and justice as an association.

The Incomplete Impeachment Conundrum

By Arlo Walsman
September
2021
Article
, Page 28
The existing law surrounding incomplete impeachment and practical tips for lawyers when confronting witnesses with their prior inconsistent statements.

Insurance policies must be interpreted as a whole

December
2021
Illinois Law Update
, Page 14
On Sept. 14, 2021, the Fourth District of the Illinois Appellate Court reversed and remanded a trial court’s order requiring an insurance company to provide coverage.

Introducing the Rural Practice Initiative

By Dennis J. Orsey
February
2021
Column
, Page 8
Providing access to justice through the Rural Practice Initiative.

ISBA Association Health Plan Update

February
2021
Column
, Page 50
The pandemic has delayed the ISBA’s plans to provide health insurance offerings to members, but renewed efforts could bring options by spring.