The Illinois Supreme Court Rules Committee will hold a public hearing on Wednesday, July 17, to hear comments on proposed amendments to several Illinois Rules of Professional Conduct (IRPC) related to lawyers’ cognitive impairment as a result of alcohol or substance use or mental, cognitive, emotional, or psychological reasons.
The proposed amendments would make changes to the IRPC to “address situations in which a disability or other impairment affects a lawyer’s ability to represent clients including establishing reporting obligations for other lawyers who become aware of a lawyer’s disability, impairment or diminished capacity,” according to the Court. Proposal 23-05 (P.R. 000318) was offered by the Supreme Court Commission on Elder Law.
The proposed IRPC that could be impacted include:
- IRPC Rule 8.3: Reporting Professional Misconduct
- IRPC Rule 5.1: Responsibilities of Partners, Managers, and Supervisory Lawyers
- IRPC Rule 1.1: Competence
- IRPC Rule 1.14: Client with Diminished Capacity
The hearing will be held at 10 a.m. at the Administrative Office of the Illinois Courts (222 N. LaSalle Street, 13th Floor, Chicago) and livestreamed here.
Additional proposals to be considered
Additional proposals that the Illinois Supreme Court Rules Committee will receive comment on during the public hearing include:
- Proposal 24-06 (P.R. 00324) Amends Supreme Court Rule 11 (Manner of Serving Documents Other Than Process and Complaint on Parties Not in Default in the Trial and Reviewing Courts) – The Rules Committee seeks comments on a proposal to amend Supreme Court Rule 11 to clarify how parties not in default may be electronically served documents other than process and complaint.
- Proposal 24-07 (P.R. 00325) Creates New Supreme Court Rule 111 (Qualification and Education of GALs in Guardianship Matters) – The Rules Committee seeks comments on a proposal to create new Supreme Court Rule 111 that would provide requirements for the education and qualifications of guardians ad litem in guardianship matters.
- Proposal 24-09 (P.R. 000327) Amends Supreme Court Rule 9 (Electronic Filing of Documents) – The Rules Committee seeks comments on a proposal to amend Supreme Court Rule 9 to eliminate email as an authorized method for filing a certification of exemption from eFiling.
The Illinois Supreme Court must approve all proposals before they can take effect. To view the full proposals and public comments, visit the Supreme Court’s website.
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