2024 Articles

Postconviction counsel’s failure to file an Illinois Supreme Court Rule 651(c) certificate does not necessitate reversal if subsequent counsel complies with the Rule

May
2024
Illinois Law Update
, Page 16
On Feb. 8, 2024, the Fifth District of the Illinois Appellate Court held that a postconviction counsel’s failure to comply with Illinois Supreme Court Rule 651(c) does not require reversal when subsequent postconviction counsel complies with the Rule.

Practicing in a New World

By Morgan B. Handwerker
February
2024
Article
, Page 26
How generative AI is transforming the legal landscape.

Prevailing defendants may be awarded reasonable attorney fees if a consumer contract allows for such recovery when a commercial party brings an action to enforce the contract

June
2024
Illinois Law Update
, Page 16
The Illinois General Assembly created the Consumer Contract Reciprocal Attorney’s Fees Act. If a consumer contract allows for recovery of attorney fees when a commercial party brings an action to enforce the contract, the defendant may be awarded reasonable attorney fees if they prevail.

Psychotropic medication may only be used in nursing homes if beneficial and supported by a diagnosis; positioning devices may be used if requested or physical need exists

June
2024
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Nursing Home Care Act. Psychotropic medication may now be used in a nursing home only if supported by a diagnosis and if beneficial to the patient. The patient’s medical record must support the benefit of psychotropic medication over other prescribed medications. This restriction applies to both nonemergency and emergency situations.

Public defenders can now access their clients’ driver’s license application information; driver’s license applications not written in English must be accompanied by a translation

July
2024
Illinois Law Update
, Page 20
Public defenders can now access images the Secretary of State captured in the process of issuing their clients’ driver’s licenses.

Public libraries must adopt policies against removal of library materials due to disapproval from individuals or groups

April
2024
Illinois Law Update
, Page 14
The Secretary of State adopted amendments to the Illinois State Library Grant Programs, requiring public libraries to implement policies restricting removal of materials due to disapproval from individuals or groups.

Publicly owned, paved bicycle trails must have signs warning cyclists and pedestrians of highway crossings and other dangerous conditions

May
2024
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Illinois Vehicle Code. Any authority with maintenance jurisdiction over a publicly owned, paved bicycle trail must erect permanent regulatory or warning signage that alerts pedestrians or cyclists to highway crossings.

Ready to Lead?

By Sonni Williams
January
2024
Column
, Page 9
Nominate yourself for an ISBA committee or section council.

Rebuttable presumption for child victims under 13 to testify outside of the courtroom

April
2024
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Code of Criminal Procedure of 1963. The amendment establishes a rebuttable presumption that child victims under the age of 13 shall testify outside of the courtroom and the testimony shall be shown via closed-circuit television (CCTV).

A Refined Way To Protect Noncitizen Workers

By Sebastian Wright Garcia
March
2024
Article
, Page 30
The U.S. Department of Homeland Security and the U.S. Department of Labor join forces to protect undocumented witnesses in labor investigations.

Reflections

By Patti Chang
July
2024
Column
, Page 42
My journey toward inclusion and accessibility within the ISBA.

Remote Opportunities

By Ed Finkel
May
2024
Cover Story
, Page 20
Can remote court and legal services help increase access to justice?

Restaurant or retailer may fill or refill clean consumer-owned containers with dry or ready-to-eat foods

January
2024
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Illinois Food, Drug, and Cosmetic Act. The Act now allows restaurants and consumers to fill or refill consumer-owned containers with bulk food.

SAFE-T Act forbids reimposing monetary bonds for pretrial release unless defendant accepts original bond terms

March
2024
Illinois Law Update
, Page 18
On Nov. 21, 2023, the Fifth District of the Illinois Appellate Court held that the Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act forbids reimposing monetary bond for pretrial release unless the defendant accepts monetary bond as part of their original bond terms.

School districts must provide more than one financial institution or investment provider in service of their district 457 plans

July
2024
Illinois Law Update
, Page 20
Amends the Illinois Pension Code. Every school district (other than a school district organized under Article 34) with a full-time licensed teacher population of 575 or more and that maintains a 457 plan...

The Science, Technology, and Innovation President

By Ron Spears
February
2024
Column
, Page 44
Abraham Lincoln’s curiosity and interest in science and technology advanced the nation.

“Searching” for an Answer

By Christian Ketter
May
2024
Article
, Page 34
With the click of a key fob, should the U.S. Supreme Court expand criminal procedure’s binary analysis?

Section 1-2.1-2 of the Illinois Municipal Code does not preempt a city’s home-rule authority

July
2024
Illinois Law Update
, Page 20
On April 4, 2024, the Illinois Supreme Court held that section 1-2.1-2 of the Illinois Municipal Code does not preempt a city’s home-rule authority to administratively adjudicate violations of its ordinances.

Sentencing provision does not change classification of intentional homicide of an unborn child to murder

January
2024
Illinois Law Update
, Page 16
On Oct. 19, 2023, the Illinois Supreme Court held sentencing provision section 9-1.2(d) of the Criminal Code of 1961 does not change the classification of intentional homicide of an unborn child to murder.

Seven for iOS 17

By Jeffrey R. Schoenberger
January
2024
Column
, Page 40
What’s new in Apple’s latest iPhone software.

Social Service

By Jessica A. Pullen
April
2024
Article
, Page 22
Practical guidance for, and challenges raised by, the amendment to Illinois Supreme Court Rule 102 allowing service via social media, text message, and email.

Sovereign immunity does not protect state officers when their conduct violates constitutional law and a plaintiff seeks damages for more than a past wrong

February
2024
Illinois Law Update
, Page 14
On Nov. 15, 2023, the Third District of the Illinois Appellate Court held sovereign immunity does not protect state officers when their conduct is unconstitutional and plaintiffs seek more than damages for past wrongs under the officer-suit exception.

Springing Into Change

By Ryan P. Theriault
April
2024
Column
, Page 46
The Illinois Bar Foundation continues to support a wide range of attorneys and attorneys to be.

State agencies must include “Middle Eastern or North African” racial classification

July
2024
Illinois Law Update
, Page 20
Amends the Uniform Racial Classification Act. When a state agency is required by law to compile or report statistical data using racial or ethnic classifications, that agency shall also include people who are...

State must file petition requesting the denial of pretrial release at defendant’s first appearance before a judge or within 21 calendar days after defendant’s arrest and release

May
2024
Illinois Law Update
, Page 16
On Feb. 26, 2024, the Third District of the Illinois Appellate Court held that the state must file a petition requesting the denial of pretrial release at the defendant’s first appearance in front of a judge or within 21 calendar days after the defendant’s arrest and release.

A Stern Rebuke

July
2024
Column
, Page 8
A reader takes the Illinois Bar Journal and a columnist to task concerning free speech and the current conflict in the Middle East.

Sticking Around

By Karen Erger
February
2024
Column
, Page 48
In which the amble-aided author makes an appeal for thoughtful support.

The Sun Always Rises

By Shawn S. Kasserman
January
2024
Column
, Page 8
An epiphany received by the author as his mother recovers from emergency brain surgery.

A Swing and a Hit!

By Shawn S. Kasserman
April
2024
Column
, Page 8
On the benefits of taking a break.

Task force created to review eligibility standards for holding public office

March
2024
Illinois Law Update
, Page 18
The Illinois General Assembly amended the Election Code. The amendment establishes the Task Force to Review Eligibility to Hold Public Office, which will review the criminal conduct that currently precludes an individual from holding public office in Illinois and make recommendations regarding what conduct should preclude such ineligibility.