Illinois Supreme Court

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,…
Illinois Supreme Court Chief Justice Lloyd A. Karmeier issued the following statement today on the increased funding for the judicial branch following the signing of the Fiscal Year 2020 budget by Governor J.B. Pritzker. “On behalf of the entire court, I would like to express my deepest gratitude to the General Assembly and the Governor for their willingness to confront the growing financial problems faced by the Judicial Branch and to do so in a concrete and constructive way. After five years of flat appropriations and rising expenses, most of which were mandated by law and beyond our control, the…
The Illinois Supreme Court issued three opinions on Thursday, May 23. The ISBA’s panel of leading civil attorneys reviewed the opinions and provided summaries. In LMP Services, Inc. v. City of Chicago, the court ruled that Chicago’s food truck regulations are constitutional. In Roberts v. Board of Trustees of Community College District No. 508, the court dismissed retaliatory discharge and whistleblower claims brought by a former Malcolm X College employee against City Colleges of Chicago. In Doe v. Coe, the court weighed in on the elements of torts of negligent and willful and wanton hiring, retention, and supervision. LMP Services,
The Illinois Supreme Court on May 23 announced amendments to Rules 767 and 773, which are effective July 1. Amendments to both rules pertain to costs associated with attorney reinstatement following disbarment or suspension. Amended Rule 767 now requires a petition of reinstatement to be accompanied by a $1,500 deposit to be applied against costs. Amended Rule 773 in part raises the maximum amount of costs the court may order an attorney to pay for disciplinary matters and proceedings.…
The Illinois Supreme Court Rules Committee will hear comments June 19 at a public hearing in Chicago on six proposals, including a proposal to establish a protective order for the release of medical information and a proposal involving the use of deposition testimony by a party. The committee will also consider proposed changes to Supreme Court rules involving petitions for leave to appeal, amicus curiae briefs, and an appendix to briefs filed by appellants. All the proposals, which must be approved by the Illinois Supreme Court before they could take effect, will be aired at a hearing before the Rules…
The Illinois Supreme Court on May 17 announced amendments to Rules 68, 472, and 558. The changes are effective immediately. Supreme Court Rule 68 requires judges to file a written statement of economic interests and relationships of the judge and members of the judge’s immediate family with the Supreme Court’s clerk. The amendment requires the clerk to redact the judge’s email address contained in any statement filed pursuant to the Rule. Rules 472 and 558 pertain to corrections of sentencing errors in criminal cases and traffic, conservation and ordinance violation cases, respectively. In both Rules, the amendment requires that in…
The Illinois Supreme Court issued three opinions on Thursday, April 18. The ISBA’s panel of leading appellate and civil attorneys reviewed the opinions and provided summaries. In People v. Buffer, the court upheld an appellate court’s decision to vacate a defendant’s 50-year prison sentence imposed for a crime he committed when he was 16 years old and remanded the case for resentencing. In People v. Kimble, the court denied a man’s motion to bar his reprosecution on double jeopardy grounds where the trial judge declared a mistrial after the jury was deadlocked. Fillmore v. Taylor addresses whether an inmate can…
The Illinois Supreme Court Commission on Pretrial Practices will host a series of public hearings as it works toward its final report and recommendations in December. The commission recently released its preliminary report concerning pretrial reform in the Illinois criminal justice system. A final report with recommendations regarding the administration of pretrial justice in Illinois will be released in December. The commission would like to gather input from Illinois stakeholders regarding pretrial reform. Public hearings will take place in Springfield, Champaign/Urbana, and Chicago as follows: Springfield – Monday, April 22, at noon Administrative Office of the Illinois Courts 3101 Old…
The Illinois Supreme Court handed down one opinion on Thursday, April 4. In Piccioli v. The Board of Trustees of the Teachers’ Retirement System et al., the court ruled that a union lobbyist qualified for a public pension under a repealed law by spending one day as a substitute teacher. Piccioli v. The Board of Trustees of the Teachers’ Retirement System et al. By Michael T. Reagan, Law Offices of Michael T. Reagan This case, like Carmichael v. Laborers’ & Retirement Board, 2018 IL 122793, deals with pension issues which have arisen involving public union employees seeking pension benefits from…
The Illinois Supreme Court on March 29 announced the amendment of Rule 274 that pertains to multiple final orders and postjudgment motions. The amended rule states: “A party may make only one postjudgment motion directed at a judgment order that is otherwise final and appealable. The motion must be filed either within 30 days of that judgment order or within the time allowed by any extensions.” (New language bolded.) The amended rule goes into effect July 1.…
The Illinois Supreme Court received a high-quality reproduction of a famous Abraham Lincoln photograph on Jan. 15 during a ceremony held in Springfield. The photograph was taken in Springfield by well-known photographer Alexander Hesler on June 3, 1860, for Lincoln’s 1860 presidential campaign. Historians consider Hesler’s portrait one of the best taken of Lincoln during his pre-presidential years. Speakers included Illinois Supreme Court Chief Justice Lloyd Karmeier, Illinois Appellate Court Justice Michael Hyman, ISBA President James F. McCluskey, Illinois Bar Foundation Second Vice President William Peithmann, Illinois Judges Association President Hon. James Snyder, Illinois Judges Foundation Treasurer Hon. Debra Walker,…