Lawyer suspended for failure to maintain an e-mail addressBy Hon. Alfred M. Swanson, Jr.Bench and Bar, November 2013In South Carolina having an active e-mail address is apparently a necessary condition to being able to practice law.
Editor’s noteBy Hon. Alfred M. Swanson, Jr.Bench and Bar, April 2013A message from Editor Al Swanson.
The Honorable George N. Leighton Criminal Courts BuildingBy Hon. Alfred M. Swanson, Jr.Bench and Bar, July 2012A reprint of remarks given by Hon. George N. Leighton, for whom the Criminal Courts Building on Chicago's southwest side was just renamed.
New rule will allow jurors to submit questions to witnesses in civil trialsBy Joseph Tybor & Hon. Alfred M. Swanson, Jr.Bench and Bar, April 2012New Illinois Supreme Court Rule 243 will go into effect July 1, 2012, and on that day Illinois will join more than 25 states and the Federal Courts in allowing jurors to submit questions to witnesses in civil trials.
Illinois Supreme Court puts Civil and Criminal Pattern Jury Instructions onlineBy Joseph Tybor & Hon. Alfred M. Swanson, Jr.Bench and Bar, January 2012The online publication of the Pattern Jury Instructions is the latest step in an initiative announced in June by the Chief Justice and the Supreme Court to move Illinois courts forward in the electronic age.
Illinois Supreme Court announces new public domain citation system, ending era of printed volumesBy Joseph Tybor & Hon. Alfred M. Swanson, Jr.Bench and Bar, June 2011The Illinois Supreme Court has mandated a new way of officially citing its cases and those of the Illinois Appellate Court starting July 1, 2011. This new method will save Illinois taxpayers hundreds of thousands of dollars a year by eliminating the need to publish and purchase the official opinions in bound volumes.
Supreme Court announces mandatory evaluation for Illinois judgesBy Joseph Tybor & Hon. Alfred M. Swanson, Jr.Bench and Bar, March 2011Effective March 1, 2011, the Supreme Court amended Rule 58 to require Circuit and Associate Judges to participate in a mandatory evaluation program.
Two commentaries on judicial independenceBy Alfred M. Swanson, Jr.Bench and Bar, June 2010In two days last month, Justice Sandra Day O’Connor and new Illinois Judges Association President Lewis Nixon emphasized the importance of judicial independence.
Editor’s comments about this issueBy Alfred M. Swanson, Jr.Bench and Bar, December 2009Honors and awards. This edition of the Bench and Bar Newsletter recognizes a number of significant events which have occurred in recent weeks.
Supreme Court eliminates retirement age for judgesBy Alfred M. Swanson, Jr.Bench and Bar, July 2009The Judicial Retirement Act (705 ILCS 55/1) has been deemed unconstitutional by the Illinois Supreme Court.
Editor’s noteBy Alfred M. Swanson, Jr.Bench and Bar, December 2008Starting in early 2009, the ISBA plans to change the default method for distribution of this newsletter to be by electronic format rather than sending a hard copy by regular mail.
Interview with the Chief JusticeBy Alfred M. Swanson, Jr.Bench and Bar, December 2008“A judge’s judge. A lawyer’s judge.” Those are some of the words used to describe Chief Justice Thomas R. Fitzgerald at a recent ISBA-CBA reception honoring Illinois’ new Chief Justice.
Plaintiffs Beware! The conflict of a voluntary dismissal and res judicataBy Alfred M. Swanson, Jr.Bench and Bar, May 2008In March 1999 plaintiffs filed a two count complaint against the City of Chicago and fire department personnel alleging negligence and willful and wanton misconduct in providing emergency medical care.
A federal courthouse in Wheaton?By Alfred M. Swanson, Jr.Bench and Bar, March 2008Judge Wayne Andersen of the District Court for the Northern District of Illinois presented the possibility of a District courthouse to the Bench & Bar Section Council meeting on February 22, 2008.
Supreme Court arguments on the WebBy Alfred M. Swanson, Jr. & Joseph TyborBench and Bar, February 2008The Illinois Supreme Court has begun publishing video and audio recordings of oral arguments on its Web site (http://www.state.il.us/court/).
Residency rule for judges is unconstitutional: MadiganBy Alfred M. Swanson, Jr.Bench and Bar, February 2007Attorney General Lisa Madigan has opined that once circuit judges elected from a single county or subcircuit are retained in a circuit-wide election, they are no longer required to live within the boundaries of the county or subcircuit from which they were initially elected.
Be careful what you file with the CourtBy Alfred M. Swanson, Jr.Bench and Bar, June 2006Below (with omissions not noted) is an order the Hon. Leif M. Clark, United States Bankruptcy Judge for the Western District of Texas, entered recently in an adversary proceeding before him: Order denying motion for incomprehensibility.
Fire district douses county’s municipality claimBy Alfred M. Swanson, Jr.Local Government Law, May 2005The Wauconda Fire Protection District sought declaratory and injunctive relief against Lake County and Stonewall Orchards after Lake County approved new construction despite Stonewall's failure to comply with a District ordinance.
Case note: F.O.I.A.By Alfred M. Swanson, Jr.Local Government Law, January 2005Katrina Harden and James Trent were convicted of severely beating and murdering Harden's four-year-old daughter while they lived together.
Courts Commission dismisses Judge GolniewiczBy Alfred M. Swanson, Jr.Bench and Bar, December 2004On November 15, 2004, the Illinois Courts Commission handed down its long-awaited ruling on Judicial Inquiry Board charges against Judge Francis X. Golniewicz.
Supreme Court approves collective bargaining for official court reportersBy Alfred M. Swanson, Jr.Bench and Bar, October 2004In an Order filed July 1, 2004, the Illinois Supreme Court voted to recognize Local 1220 of the International Brotherhood of Electrical Workers as the official bargaining representative for official court reporters in the Circuit Court of Cook County.
Willful and wanton conductBy Alfred M. Swanson, Jr.Local Government Law, July 2004Plaintiff filed suit against the District and several paramedics, emergency medical technicians and firefighters alleging the wrongful death of his daughter.
Case summariesBy George S. Miller & Alfred M. Swanson, Jr.Bench and Bar, June 2004In Feltmeier v. Feltmeier, 207 Ill.2d 263, 798 N.E.2d 75 (2003), the Supreme Court recognized a cause of action for intentional infliction of emotional distress in a marital setting.
The Supreme Court upholds COLA for judgesBy Charles W. Pacey & Alfred M. Swanson, Jr.Bench and Bar, June 2004Justice Rarick wrote the unanimous opinion issued May 20, 2004, in Jorgensen, et al. v. Blagojevich, et al., that declared the attempt to eliminate the cost-of-living adjustments to judicial salaries for fiscal years 2003 and 2004 to be unconstitutional.
Case summariesBy Alfred M. Swanson, Jr.Bench and Bar, March 2004Following a bench trial, defendant was found guilty of first degree murder, and sentenced to 60 years imprisonment.
Cases of noteBy Richard Posner, Alfred M. Swanson, Jr., George S. Miller, Barbara Crowder, Michael Kiley, Philip Lading, & J.A. SebastianBench and Bar, January 2004Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 01 C 6329-Joan Humphrey Lefkow, Judge.
Case summariesBy Michael Kiley & Alfred M. Swanson, Jr.Bench and Bar, November 2003Union Planters Bank, N.A. v. FT Mortgage Companies, et al., 341 Ill.App.3d 921794 N.E. 2d 360 (5th Dist. 2003):
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