Illinois Supreme Court

The Illinois Supreme Court handed down five opinions on Thursday, December 19. The ISBA’s panel of leading civil attorneys reviewed the opinions and provided summaries. In Ammons v. Canadian National Railway Co., the court interpreted the meaning of sections 55 and 60 of the Federal Employers’ Liability Act. In Iwan Ries & Co. v. the City of Chicago, the court addressed the city of Chicago’s power to tax tobacco products other than cigarettes. In Jones v. Pneumo Abex, LLC, an asbestos-related case involving claims of civil conspiracy, the Supreme Court remanded to the appellate court for reconsideration of a summary…
The Illinois Supreme Court today announced the approval of a new Remote Access Policy (RAP) to take effect on January 1, 2020. The RAP, which includes an implementation plan for expanding remote access to court information and documents, will initially be released to a subset of Illinois licensed attorneys selected by the Illinois State Bar Association Standing Committee on Legal Technology for a trial period using the statewide re:SearchIL portal for court records. The RAP, which was developed by the e-Business Policy Advisory Board in conjunction with the Administrative Office of the Illinois Courts, supersedes the previous Electronic Access Policy…
The Illinois Supreme Court handed down one opinion on Thursday, December 5. In People v. Eubanks, the court held 625 ILCS 5/11-501.2(c)(2) unconstitutional as applied to the defendant. Section 501.2(c)(2) permits the warrantless collection and testing of an individual’s blood, breath, or urine for alcohol or drugs if the police have probable cause to believe that the individual was driving under the influence and was involved in a motor vehicle accident causing death or personal injury to another. People v. Eubanks By Kerry J. Bryson, Office of the State Appellate Defender In a decision which included both a special concurrence,…
The Illinois Supreme Court handed down nine opinions on Thursday, November 21. Full summaries of the opinions are available below. People v. Abdullah By Kerry J. Bryson, Office of the State Appellate Defender Illinois Supreme Court Rule 606(b) provides that where a timely post-trial or post-sentencing motion is filed “by counsel or by defendant, if not represented by counsel,” any notice of appeal—whether filed before or after the timely motion—should be stricken by the trial court so that the timely motion can be ruled upon. A defendant must then file a new notice of appeal within 30 days of the…
The Illinois Supreme Court handed down one opinion on Thursday, October 24. In Yakich v. Aulds, the court vacated a circuit court judgment, which declared unconstitutional section 513 of the Illinois Marriage and Dissolution of Marriage Act. Yakich v. Aulds By Karen Kies DeGrand, Donohue Brown Mathewson & Smyth LLC Making clear that the Illinois Supreme Court, and only that court, may overrule and modify its opinions, the court vacated a circuit court judgment declaring unconstitutional section 513 of the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/513(a) (West 2018). The vitality of section 513(a) arose in the…
The Illinois Supreme Court handed down two opinions on Friday, October 18. In People v. Murray, the court reversed a defendant’s conviction of unlawful possession of a firearm by a street gang member on the basis that the Illinois Streetgang Terrorism Omnibus Prevention Act requires proof of specific offenses in order to satisfy the “course or pattern of criminal activity” element necessary to establish that an individual is a street gang member. In People v. Austin, the Supreme Court rejected a circuit court’s determination that a criminal charge against a woman who distributed private sexual images of her ex-fiancee’s lover…
The Illinois Judicial Conference (IJC) has announced its three-year strategic agenda for the Illinois judicial branch. The IJC has created a mission statement, vision statement, and core values for the branch, along with strategic goals and strategies designed to achieve them. The agenda will serve as a guide for the future of the branch as it begins the implementation phase. The mission of the branch will be “to protect the rights and liberties of all by providing equal access to justice, resolving disputes, and upholding the rule of law pursuant to the powers and duties entrusted to us by the…
The Illinois Supreme Court on Sept. 26 amended Rules 206, 212, 306, 308, 315, and 342. All changes go into effect Oct. 1. Amended Rule 206 makes it explicitly clear that a “party has the right to use the video recording of a deposition or any part thereof in lieu of reading from a stenographic transcript of the deposition.” Amended Rule 212 states that discovery depositions may be used “as a former statement, pursuant to Illinois Rule of Evidence 801(d)(2).” Amended Rule 306 now includes a requirement that “[a]fter the petitioner has filed the petition [for interlocutory appeal] and…
The Illinois Supreme Court has amended Rule 767, which pertains to reinstatement petitions for lawyers who have been disbarred or suspended. The changes go into effect Jan. 1, 2020. The amended Rule clarifies what attorneys must include in a petition for reinstatement. The amended Rule states that “[t]he petition shall set forth the date on which discipline was imposed, the attorney’s intent to be reinstated to the roll of attorneys admitted to practice law in this State, and a statement that the attorney has deposited $1500 with the Attorney Registration and Disciplinary Commission to be applied against the costs of…
The Illinois Supreme Court handed down four opinions on Thursday, September 19. In Accettura v. Vacationland, Inc., the court clarified the distinction between rejection and revocation of acceptance for purposes of the Illinois version of the Uniform Commercial Code. In Carmichael v. Union Pacific Railroad Co., the court provided instruction on what is a proper counterclaim under section 2-608 of the Code of Civil Procedure and explained that a counterclaim is an independent, substantive cause of action that seeks affirmative relief and must stand or fall on its own merits. In People v. Custer, the court considered whether to extend…
The Illinois Supreme Court on September 17 amended Rules 610, 613, 901, and 1101. All changes are effective immediately. Amended Rule 610 alters the requirements for information to be included in motions for extension of time in criminal cases. Rule 613 amendments make clear that “[e]xcept for a hearsay statement otherwise admissible under evidence rules, a prior statement that is consistent with the declarant-witness’s testimony is admissible, for rehabilitation purposes only and not substantively as a hearsay exception or exclusion, when the declarant testifies at the trial or hearing and is available to the opposing party for examination concerning the…
The Illinois Supreme Court issued five opinions on Thursday, June 20. The ISBA’s panel of leading civil attorneys reviewed the opinions and provided summaries. In Nichols v. Fahrenkamp, the court took on the question of whether quasi-judicial immunity extends to court-appointed guardians ad litem in the context of the administration of funds from a personal injury lawsuit. The court dismissed a man’s class action lawsuit against Walgreens on the grounds that his claim was precluded under the voluntary payment doctrine in McIntosh v. Walgreens Boots Alliance, Inc. In County of Will v. Pollution Control Board, the court upheld the board’s…
The Illinois Supreme Court handed down one opinion on Thursday, June 6. In People v. Clark, the court affirmed that a defendant’s bail bond violation constituted escape. People v. Clark By Kerry J. Bryson, Office of the State Appellate Defender Elizabeth Clark had a history of substance abuse. In October 2012, Clark pled guilty to burglary and unlawful use of a credit card and, pending sentencing, she was released for treatment. Ultimately, Clark was sentenced to 90 days in jail and 30 months of probation. Clark subsequently violated that probation twice. She was taken into custody and then released on…
The Illinois Supreme Court today amended Rule 295, which pertains to matters assignable to associate judges. The amended Rule, which goes into effect July 1, provides: “The chief judge of each circuit or any circuit judge designated by him or her may assign an associate judge to hear and determine any matters deemed suitable by the chief judge or designated circuit judge, including the trial of criminal cases in which the defendant is charged with an offense punishable by imprisonment for more than one year.” The Rule previously read as follows: “The chief judge of each circuit or any circuit…
Marcia M. Meis, director of the Administrative Office of the Illinois Courts, announced today that 386 out of 391 Illinois associate judges who filed requests for reappointment to their office for a new four-year term have been retained. Having certified the results of more than 480 total ballots cast in Illinois’ 24 circuit courts, Meis informed that each successful candidate received votes that tallied three-fifths or greater in favor of their reappointment. Five associate judges did not receive the requisite number of votes for reappointment. The new term of office for each reappointed associate judge will begin on July 1,…