Amendment to Supreme Court Rule 39 takes effect Sept. 1, 2015

The Illinois Supreme Court has announced a rule change that will allow associate judge applicants to submit their documents electronically.

The change does not require applicants to electronically submit their applications and supporting documents. The Administrative Office of the Illinois Courts (AOIC) will continue to accept paper copies of applications.

“Allowing electronic applications for those seeking associate judgeships is the latest step in the Court’s continuing effort to utilize technology to make the entire judicial process more efficient and accessible," Chief Justice Rita B. Garman said.

"Recent applicants for vacant judgeships have told us that the current paper-based application system is cumbersome and costly, and this amendment to Rule 39 is responsive to their input. In addition, the electronic application process will benefit not only those individuals who apply for associate judgeships, but also the judges who review the applications.”

Prior to the amendment, those seeking to apply for appointment to an associate judge vacancy in Illinois had to go the Supreme Court's website, download a 16-page PDF application, fill in the blanks, sign it, print it and then mail or hand-deliver two signed, original applications to the AOIC.

Starting on Sept. 1, applicants will be able to electronically sign their applications and securely email them to the AOIC.

"By allowing an application to be electronically completed and emailed to the Administrative Office, it will streamline and improve the process for applicants; and in turn will greatly reduce the amount of paper used," AOIC Director Michael J. Tardy said.

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Explore the basics of operating agreements with this half-day seminar in Chicago or via live webcast on September 3, 2015 that’s designed to help newer attorneys gain a general understanding of how LLCs work! Attorneys representing business clients will often be called upon to form limited liability companies and to draft operating agreements for those entities. As such, it is important for you to understand the basic structure and key issues of operating agreements, which serve as the governing instrument between the members and managers of limited liability companies. Attorneys attending this half-day seminar will better understand: the statutory default rules of an operating agreement; what should and shouldn’t be included in the agreement; capital contributions; tax provisions, special allocation rules, Section 754 election, and alternatives to partnership tax treatments; the restrictions (if any) that are placed on the transfer of a member’s LLC interests; and much more!

The program is presented by the ISBA Business & Securities Law Section and qualifies for 3.50 hours MCLE credit.

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A U.S. federal judge has dismissed a closely-watched lawsuit that challenged New York rules that ban non-attorneys from investing in law firms. The decision supports the established ISBA position and rejects the challenge to Rule 5.4, which prohibits non-lawyer ownership of law firms.

Read the full decision Jacoby & Meyers

Read the BNA article here

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Court security fee (Public Act 99-265), Consular notification of foreign nationals (Public Act 99-190), Speeding and supervision (Public Act 99-212), Juvenile sentencing (Public Act 99-69), Juvenile justice transfer (Public Act 99-258), Juvenile justice detention (Public Act 99-254) and Juvenile justice incarceration (Public Act 99-268). More information on each bill is available below the video.

Court security fee. Public Act 99-265 (Haine, D-Alton; Moffitt, R-Galesburg) allows a court security fee to exceed $25 to be imposed on civil litigants and convicted defendants if it is set according to an acceptable cost study under the Counties Code. Effective January 1, 2016.

Consular notification of foreign nationals. Public Act 99-190 (Drury, D-Highwood; Raoul, D-Chicago) requires that a law enforcement officer in charge of custodial facilities must ensure that a foreign national is advised within 48 hours of booking or detention that he or she has the right to communicate with the appropriate consulate as required by the Vienna Convention. Effective January 1, 2016.

Speeding and supervision. Public Act 99-212 (Walsh, D-Joliet; Mulroe, D-Chicago) does the following:

Asked and Answered

By John W. Olmstead, MBA, Ph.D, CMC

Q. I am the managing partner of an eight attorney general practice firm in Chicago's western suburbs. We have five partners and three associates. For years, it was just the five partners who started the firm together. In the last three years we added our associates. We are not making money from our associates and wondering what we need to be doing differently. One associate is logging 925 billable hours, one is logging 1,200 billable hours, and the other 1,400 billable hours. You thoughts are welcomed.

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