Bench & Bar

The newsletter of the ISBA’s Bench & Bar Section

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2025 Articles

David C. Marcus: The Unsung Civil Rights Hero By Hon. Jesse G. Reyes January 2025 A civil rights lawyer who represented the Mendez family in the landmark case, Mendez v. Westminster. 
Deepfakes in the Courtroom: Problems and Solutions By George Bellas March 2025 “Deepfakes” are altered or completely fabricated AI-generated images, audio, or video, that are also extremely realistic, making them difficult to discern from reality. In a sense, they’re AI’s version of photoshopping. Lawyers need to educate themselves and their firms on what deepfakes are and how to spot them, develop a healthy skepticism of content they encounter, and question its source. Take nothing at face value, and closely scrutinize details of that content to look for anything inconsistent with reality, such as people with more or less than five fingers.
LAWPAC Needs You! January 2025 The Illinois Lawyers’ Political Action Committee (LAWPAC) needs your help to fulfill its mission to support the legislative goals of the ISBA and Illinois’ legal community.
Mandatory Arbitration Clause Found Unconscionable and Therefore Unenforceable in Nursing Home Contract By Albert E. Durkin & Peter W. Buchcar January 2025 On October 11, 2024, the Illinois First District Appellate Court affirmed the trial court’s decision to deny a Motion to Dismiss and Compel Arbitration, finding that mutually binding arbitration clauses or agreements in adhesion contracts that are so one-sided as to be deemed illusory can be substantively unconscionable and unenforceable, regardless of a severability provision. 
The Most Important Thing You Can Bring to Court By Judge Brian Weinthal January 2025 An administrative law judge shares insight on how attorneys can avoid losing credibility when appearing before a finder-of-fact. 
Recent Appointments and Retirements March 2025 Recent changes to Illinois' judiciary.
Recent Appointments and Retirements January 2025 Recent changes to Illinois' judiciary.
What Is a Motion for Relief? By Justice Judy Cates March 2025 Ever heard of a motion for relief? No—not a motion to reconsider, or motion for new trial or judgment notwithstanding the verdict—but a motion for relief. The motion for relief is a procedural prerequisite to jurisdiction in the appellate court. A party seeking to appeal is tasked with filing a motion for relief, or “mini-brief,” in the trial court, setting forth the alleged errors that occurred during the detention proceedings and the grounds for the relief requested. The motion for relief will also serve as the argument of the appellant on appeal, as the appellant may file, but is not required to file, a memorandum in the appellate court. Ill. S. Ct. R. 604(h)(7) (eff. Apr. 15, 2024).