2022 Articles

Test the Waters Doctrine Sinks

By Dustin J. Karrison
May
2022
Article
, Page 26
The Illinois Supreme Court abolishes the “test the waters” doctrine.

Thank You and a Fond Farewell

By Anna P. Krolikowska
June
2022
Column
, Page 8
Celebrating a year of gratitude, pride, and a longed-for return to normalcy.

They Spy With Their One-Pixel Eye

By Jeffrey R. Schoenberger
January
2022
Column
, Page 44
Fighting back against tracking pixels, a new insidiously clever email tool used by spammers and scammers.

Thoughts on Credibility

By Justice Michael B. Hyman
August
2022
Column
, Page 42
How your legal writing affects your credibility and reputation.
1 comment (Most recent August 2, 2022)

Three-year pilot program extends resources supporting relative caregivers

September
2022
Illinois Law Update
, Page 16
This Act amends the Children and Family Services Act. The amendment implements a three-year pilot program of additional resources for families receiving Extended Family Support Program services to support relative caregivers.

“The Times They Are A-Changin’

By Rory T. Weiler
August
2022
Column
, Page 8
Upholding the rule of law in an age of discontent.
1 comment (Most recent August 11, 2022)

To Do Justice

By Pete Sherman
November
2022
LawPulse
, Page 12
Illinois Supreme Court appointee Joy V. Cunningham on lessons learned on her journey to the state’s top court.

To Esq. or Not to Esq.?

By Karen Erger
February
2022
Column
, Page 42
The origins of the word “esquire” and whether and how attorneys should use the title today.
1 comment (Most recent February 1, 2022)

To Release or Not to Release

By Emily L. Fitch & Brenda M. (Duke) Mathis
June
2022
Article
, Page 38
An overview of the new Illinois criminal bail reform law that will take effect Jan. 1, 2023.

To Remain Silent

By Christopher Keleher & Steven W. Becker
October
2022
Article
, Page 26
Admissibility of confessions in Illinois more than a half century after Miranda v. Arizona.

To Represent or Not to Represent?

By Charles J. Northrup
April
2022
Column
, Page 48
Use discretion when deciding to represent a client. Sometimes, it’s not really your choice.

Tort Immunity Act requires officers to have direct restriction or control of movement to satisfy “prisoner” for absolute immunity

July
2022
Illinois Law Update
, Page 14
On April 21, the Illinois Supreme Court held that police officers and their municipal employers did not have immunity under the Local Governmental and Governmental Employees Tort Immunity Act because the individual chased by the officer was not an escaped or escaping prisoner.

Training requirements expanded for private detectives and security contractors

December
2022
Illinois Law Update
, Page 12
The Department of Financial and Professional Regulation adopted amendments to the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, expanding training requirements. Registered employees may complete various required basic and annual training in a classroom or online.

Trampoline courts’ required procedures for major modifications

September
2022
Illinois Law Update
, Page 16
The Department of Labor adopted amendments to the Amusement Ride and Attraction Safety Act, adding requirements for trampoline courts undergoing major modifications. Major modifications include changes in a trampoline court’s structural or operational characteristics that can alter its performance from that specified in the manufacturer’s design criteria.

Translations for notices by publication may be required in certain areas

June
2022
Illinois Law Update
, Page 16
The Notice by Publication Act is amended to provide additional guidelines for notices required to be published in newspapers.

Trauma-informed practice training required for Illinois school board members

April
2022
Illinois Law Update
, Page 14
The Illinois General Assembly amended the School Code to reflect updated leadership training requirements for Illinois school board members. Beginning in the 2023-2024 school year, trauma-informed practice training for students and staff will be required.

Trial court did not abuse discretion in admitting Facebook messages into evidence

February
2022
Illinois Law Update
, Page 14
On Nov. 18, 2021, the Illinois Supreme Court held that a trial court properly authenticated Facebook messages through circumstantial evidence.

Trial court properly granted defendant’s demand for a speedy trial over defense counsel’s objection

June
2022
Illinois Law Update
, Page 16
On Mar. 29, 2022, the First District of the Illinois Appellate Court affirmed a judgment of the trial court granting the defendant’s request for a speedy trial over the defense counsel’s objection.

Trial courts required to hold evidentiary hearings upon referral from Illinois Torture Inquiry and Relief Commission

July
2022
Illinois Law Update
, Page 14
On April 25, 2022, the First District of the Illinois Appellate Court held that a trial court is required to have an evidentiary hearing upon referral from the Illinois Torture Inquiry and Relief Commission (TIRC) unless it is against the manifest weight of the evidence.

Unregistered and unserialized firearms banned

August
2022
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Criminal Code of 2012. The amendment bans the sale, offer, or transfer of an unserialized, unfinished frame, receiver, or firearm unless the purchaser is a qualifying federal entity.

Unsupported finding for drugs and misremembering of the testimony deprive right to fair trial

February
2022
Illinois Law Update
, Page 14
On Nov. 22, 2021, the First District of the Illinois Appellate Court found that the trial court violated the right to due process by making factual findings not based on the evidence.

Updated education standards include Spanish and computer science in K-12 classrooms

January
2022
Illinois Law Update
, Page 16
The Illinois State Board of Education amended Public Schools Evaluation, Recognition and Supervision. The amendment modifies an existing computer science framework by introducing emerging technologies such as artificial intelligence, quantum computing, augmented reality, and robotics, beginning in the 2022-23 school year.

Upgrades Galore

By Pete Sherman
October
2022
LawPulse
, Page 12
County courthouses spend millions on technology upgrades thanks to Illinois Supreme Court technology grants.

Variation Among Judges in Criminal Sentencing Decisions

By Albert J. Klumpp
December
2022
Article
, Page 22
Differences in sentencing patterns among judges in criminal cases, and implications for both the criminal justice system and the process of electing and retaining judges.

Vicarious Dilemma

By Joseph T. Moran
November
2022
Article
, Page 38
Despite the importance of seeking help, the inherent limitations of legal confidentialities may prevent legal professionals from ethically or legally seeking assistance regarding their own secondary trauma.

Voluntary Dismissal in Domestic Relations Cases

September
2022
Article
, Page 14
Standing up for a plaintiff’s unassailable right to a voluntary dismissal.

Voter registration must be updated after name change to be a qualified candidate

October
2022
Illinois Law Update
, Page 16
On Aug. 2, 2022, the First District of the Illinois Appellate Court held that a candidate for Cook County sheriff was ineligible to run for office due to an invalid statement of candidacy and nomination papers.

Water and sewage providers may implement a monthly charge on customers to fund the Water and Sewer Low-Income Assistance Fund

August
2022
Illinois Law Update
, Page 16
The Department of Revenue adopted a new part titled Water and Sewage Assistance Charge allowing water and sewer providers to assess a fixed monthly surcharge on residential and nonresidential customers.

Website accessibility requirements for school districts

November
2022
Illinois Law Update
, Page 18
The Illinois General Assembly amended the School Code, adding requirements to ensure that school districts’ content on internet websites or web services is accessible to persons with disabilities.

What Next? Let’s Look at Systems

By Dr. Mary L. Milano & Kenya A. Jenkins-Wright
December
2022
Column
, Page 38
After George Floyd, after passage of the SAFE-T Act, what’s left is to tell the truth.