Illinois Supreme Court

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,…
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…