Illinois Supreme Court

The Illinois Supreme Court handed down one opinion on Wednesday, October 28. In People v. Casler, the Supreme Court reversed and remanded a defendant’s conviction for obstructing justice when he provided a false name to police. People v. Casler By Kerry J. Bryson, Office of the State Appellate Defender Two Carbondale police officers were on foot patrol of a local hotel when they saw Rasheed Casler open a hotel room door, step out into the hallway, and then immediately retreat back into the hotel room when Casler saw the officers. One of the officers recognized Casler, not by name, but…
The Illinois Supreme Court announced this week the expansion of the Volunteer Pro Bono Program for Criminal Appeals (Program) to include the Third, Fourth, and Fifth Appellate Districts beginning on December 1, 2020. On February 11, 2020, the Illinois Supreme Court announced the launch of the Pro Bono Program in the Illinois Appellate Court’s First and Second Districts as a six-month pilot program utilizing volunteer pro bono attorneys to reduce the backlog of criminal appeals currently pending with the Office of the State Appellate Defender (OSAD). In the program, pro bono attorneys assist with reducing the backlog by substituting for…
The Illinois Supreme Court announced today two orders which were proposals from the Illinois Judicial Conference’s Court Operations During COVID-19 Task Force (Task Force). The Orders are available on the Court website by clicking here. “The Task Force continues to find ways to help the courts adapt during the COVID-19 pandemic,” Chief Justice Anne M. Burke said. “The Supreme Court greatly appreciates the work they have done and continue to do.” The Order on Remote Jury Selection in Civil Matters is in regards to remote jury selection in civil matters and is an expansion of the changes made to …
Chief Justice Anne M. Burke and the Illinois Supreme Court announced today the amendment of Rule 415, which will allow attorneys to provide a copy of discovery to a defendant unless good cause is shown why the discovery should not be furnished to the defendant. The Illinois Supreme Court Rules including Amended Rule 415 can be found here. Under Rule 415 as previously constituted, a defendant could view materials only in the presence of counsel as the materials must remain in the attorney’s exclusive custody. In the case of an incarcerated defendant, this required defense counsel to remain present…
The Illinois Supreme Court handed down three opinions on Thursday, October 22. In People v. Lusby, the court denied a defendant’s request for leave to file a successive post-conviction petition asserting that his sentencing hearing was constitutionally inadequate. In Tabirta v. Cummings, the court considered whether the existence of one part-time employee who services a few of a defendant corporation’s customers from his home in Cook County satisfies the “other office” or “doing business” prongs of section 2-102(a) of the venue statute. In Goral v. Dart, a split court allowed disciplined and fired Cook County correctional officers to continue their…
Illinois attorneys now have a convenient online portal that simplifies and centralizes recordkeeping for continuing legal education (“CLE”) credits. Using the online system unveiled by the Illinois Supreme Court and the Court’s Minimum Continuing Legal Education (“MCLE”) Board today, attorneys can easily view their credits earned from accredited courses and qualifying bar association meetings, as well as other details about those CLE credits. The new portal is available here. “The Court has been accelerating the adoption of technology to improve the administration of justice, increase efficiency and reduce costs,” Chief Justice Anne M. Burke said. “The MCLE Board’s latest…
The Illinois Supreme Court today amended Rules 212, 306, 315, 316, 318, 341, 368, and 705. The changes go into effect October 1. Changes to Rule 212 outline new requirements for depositions taken in other jurisdictions and the use of depositions in refiled cases. Changes to Rule 306 allow any party to request that the court order the circuit clerk to file additional records if a leave to appeal is allowed. An amendment to Rule 315 provides that “The filing of a corrected opinion by the Appellate Court where no petition for rehearing was filed does ​not extend the time…
The Illinois Supreme Court handed down nine opinions on Thursday, September 24. In People v. Stoecker, the Court affirmed the dismissal of a defendant’s petition for relief from judgment. In People v. Hollahan, the Supreme Court ruled that there was no error in a circuit court allowing a jury to watch a video of the defendant’s DUI stop in the courtroom with the defendant present. In People v. Gaines, the Court considered whether a trial court’s sua sponte vacatur of a defendant’s guilty plea and his subsequent trial violated double jeopardy. In People v. Deleon, the Court considered whether section…
The Illinois Supreme Court recently announced that its September Term will be held in-person in Springfield at the Illinois Supreme Court Building. The Court’s last Term in May was heard remotely via Zoom. “After lengthy consultations with local health experts and the implementation of extensive safety precautions, we are very excited to be able to host our September Term of Court in Springfield,” Chief Justice Anne M. Burke said. There are 17 cases scheduled to be heard during this Term and information on each case can be found here. Oral arguments will begin at 9 a.m. each morning and…
The Illinois Supreme Court announced late last week a temporary order which limits in-person court appearances and promotes remote court appearances to ensure the health and safety of the public accessing the court during the COVID-19 pandemic. The order is effective immediately and until further order of the court. The temporary order addresses applications for waiver of court fees and summonses to appear in small claims and consumer cases. “I would like to thank the Court Operations During COVID-19 Task Force for suggesting these important changes,” Chief Justice Anne M. Burke said. “As the pandemic continues, the court will continue…
The Illinois Supreme Court handed down one opinion on Thursday, August 20. In People v. Sophanavong, the court considered whether a circuit court’s failure to strictly comply with the requirements to proceed without a presentence investigation report requires remand for a new sentencing hearing or whether a defendant can waive the issue by pleading guilty as well as forfeit the claim by failing to raise it in a postplea motion. People v. Sophanavong By Jay Wiegman, Office of the State Appellate Defender Section 5‑3‑1 of the Unified Code of Corrections (Code) (730 ILCS 5/5‑3‑1) requires a circuit court to consider…
Starting September 1, self-represented litigants in Illinois can submit a question online about their civil appeal and receive an answer from a pro bono lawyer with the launch of Illinois Free Legal Answers for Civil Appeals, the first-ever legal help desk for appeals in Illinois. The program was created to address the pressing need to provide help to self-represented litigants (SRLs), who account for 41% of civil appeals filed in the state. Illinois Free Legal Answers for Civil Appeals will operate through the American Bar Association’s (ABA) Free Legal Answers platform, which is administered in Illinois by the Public Interest…
Chief Justice Anne M. Burke and the Illinois Supreme Court announced today the amendment of Rule 9(c)(5), which will allow self-represented litigants (SRLs) who are unable to complete the e-filing process on their own and unable to get e-filing assistance from the court to file by mail, in person, or other means . The amended rule is effective immediately. “The Illinois Courts continue to adapt to issues brought on by this pandemic,” Chief Justice Burke said. “This change provides self-represented litigants greater flexibility and efficiency when physical access to courthouses is limited by COVID-19.” The Illinois Supreme Court Rules…
The Attorney Registration & Disciplinary Commission (ARDC) of the Supreme Court of Illinois, the entity that investigates and prosecutes attorney misconduct, recognizes its responsibility to work towards making sure that the legal system functions fairly for all citizens. To that end, the ARDC has formed the Equal Justice Rules Committee (EJRC) to examine the ethical rules that govern Illinois attorneys’ conduct with the goal of determining whether amendment of those rules is necessary to enhance attorneys’ rights and refocus attorneys’ duties to act in a manner that supports the equal and fair application of justice. The committee’s formation is the…
The Illinois Supreme Court announced today that due to continuing public health concerns raised by the COVID-19 pandemic, the Illinois in-person bar examination scheduled for September 9-10, 2020, has been canceled. In its place, the Illinois Board of Admissions to the Bar will offer a remote version of the exam on October 5-6, 2020, using questions prepared by the National Conference of Bar Examiners. This exam will satisfy the requirements of Illinois Supreme Court Rules 701 and 704. The Illinois Board of Admissions to the Bar has been in close and frequent contact with the Illinois Supreme Court, monitoring the…
The Illinois Supreme Court announced today the amendment of Rule 7.3, which pertains to the solicitation of clients. The Rule was amended to prohibit all client solicitations that “seek[] representation of the respondent in a case brought under any law providing for an ex parte protective order for personal protection when the solicitation is made prior to the respondent having been served with the order.” The changes are effective immediately. The new Rule is available online.…