Illinois Supreme Court

The Illinois Supreme Court issued one opinion on December 17. In Barrall v. The Board of Trustees of John A. Logan Community College, the court interpreted a provision in the Public Community College Act governing the “bumping rights” of laid-off tenured faculty members.

Barrall v. The Board of Trustees of John A. Logan Community College, No. 2020 IL 125535

By Karen Kies DeGrand, Donohue Brown Mathewson & Smyth LLC

This appeal required the Illinois Supreme Court to interpret a provision in the Public Community College Act governing the “bumping rights” of laid-off tenured faculty members. Under certain circumstances, the
Continue Reading Quick Take on Illinois Supreme Court Opinion Issued Thursday, December 17, 2020

The Illinois Supreme Court has amended Rules 529, 530, and 531, by adding the following language to each Rule: “Per the Act, only one scheduled assessment shall be applied regardless of the number of citations issued and prosecuted together.”

The changes go into effect January 1. The amended Rules are available online.
Continue Reading Illinois Supreme Court Amends Rules 529, 530, and 531

Chief Justice Anne M. Burke and the Illinois Supreme Court announced today the approval of new Rule 14, which will facilitate the expansion of text messaging in Illinois courts by authorizing any Illinois court or county clerk to implement a text message notification program. New Rule 14 is effective immediately.

The Illinois Supreme Court Rules can be found online.

“The pandemic has forced courts to innovate more rapidly than ever before to develop new efficiencies while also maintaining the health and safety of court users,” Chief Justice Burke said. “This new rule provides guidance to courts throughout the state for
Continue Reading Illinois Supreme Court Adopts New Rule for Text Messaging Programs

The Illinois Supreme Court handed down five opinions on Thursday, December 3. They included opinions in two criminal cases and three civil cases.

In People v. Reed, the court answered the question of whether a guilty plea prevents a defendant from later asserting an actual innocence claim under the Post-Conviction Hearing Act. In People v. Knapp, the court considered a case in which the defendant, after his attempted murder conviction was affirmed on appeal, filed a post-conviction petition that alleged that his waiver of his right to testify was neither knowingly nor voluntarily made.

In State Farm Mutual Automobile Insurance
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, December 3, 2020

Chief Justice Anne M. Burke and the Illinois Supreme Court announced today the amendment of Rule 23, which will allow litigants to cite unpublished opinions from the Illinois Appellate Courts for persuasive purposes. Amended Rule 23 is effective Jan. 1, 2021.

The Illinois Supreme Court Rules including Amended Rule 23 can be found on the court’s website.

“Changes to Rule 23 have been discussed and studied for a long time,” Chief Justice Anne M. Burke said. “This amendment is a welcome change and will improve the administration of justice in Illinois.”

Under Rule 23 as previously constituted, litigants could cite
Continue Reading Illinois Supreme Court Amends Rule 23 to Allow Citation of Unpublished Appellate Court Rulings

The Illinois Supreme Court handed down seven opinions on Thursday, November 19. They included opinions in two criminal cases and five civil cases.

People v. Reveles-Cordova

By Kerry J. Bryson, Office of the State Appellate Defender

Alejandro Reveles-Cordova was found guilty of both criminal sexual assault and home invasion predicated on criminal sexual assault arising out of a single incident. At issue before the Supreme Court was whether both convictions could stand or whether the criminal sexual assault conviction had to be vacated on one-act, one-crime grounds as a lesser-included offense. Today, a unanimous Supreme Court vacated Reveles-Cordova’s criminal sexual
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, November 19, 2020

The Illinois Supreme Court today announced the amendment of Rule 113.

The changes go into effect December 1.

The amended Rule requires notice of judicial sales to all defendants of record by the electronic methods required by S. Ct. Rule 11, and to all defendants not of record by mail. The amended Rule also now requires a self-represented litigant with an email address to designate only one email address for service purposes, and for those self-represented litigants who do not designate an e-mail address service may be made by any non-electronic method allowed by Rule 11 (such as mail
Continue Reading Illinois Supreme Court Amends Rule 113

The Illinois Supreme Court has announced that Cook County Circuit Judge LeRoy K. Martin, Jr. has been assigned as an Appellate Court Justice in the First District.

Judge Martin was assigned to fill the vacancy created by the appointment of Justice Robert E. Gordon to the Appellate Court of Illinois effective December 7, 2020. Justice Gordon is filling the vacancy of Justice Shelvin Louise Marie Hall and his appointment is through December 5, 2022. The assignment of Judge Martin takes effect on January 4, 2021 and will remain in effect until further order of the court. Judge Martin will occupy
Continue Reading Illinois Supreme Court Assigns Judge LeRoy Martin as First District Appellate Court Justice

In light of the continuing risks to public health and the overall successful administration of the October remote exam, the Illinois Supreme Court has determined that the February 2021 Uniform Bar Exam (UBE) in Illinois will be administered remotely.

The filing deadline for the February 2021 exam remains Tuesday, December 15, 2020. Further information will be posted on the Board of Admissions website.

Illinois administered its last bar examination remotely on October 5-6, 2020 to over 2,000 applicants. Nationwide, approximately 30,000 people took that online exam, as several other states opted to give the exam remotely due to the
Continue Reading Illinois Supreme Court Announces February Bar Exam to Be Held Online

Justice Robert L. Carter of the 3rd District Appellate Court has been selected to join the Illinois Supreme Court next month, pending the Illinois State Board of Elections proclaiming the results of the November 3 election.

The appointment of Justice Carter is effective December 8, 2020, and terminates December 5, 2022, when the seat will be filled by the November 2022 General Election. The Supreme Court has constitutional authority to fill all judicial vacancies.

“Justice Carter’s appointment came via a unanimous 6-0 vote,” Chief Justice Anne M. Burke said.

Justice Thomas L. Kilbride, whose vacancy Carter is scheduled to fill,
Continue Reading Justice Robert L. Carter Set to Join Illinois Supreme Court

The Illinois Supreme Court has amended Rules 280 .1 and 280 .2, which now include a definition of the word “payment” for credit card or debt buyer collection actions.

The Court also updated the corresponding sample form. The changes go into effect immediately.

The Court defines “payment” as “any payment received by a charge-off creditor or a debt buyer, pre- or post-charge-off, that was not returned by the financial institution against which the payment was drawn.”

The amended Rules are available online.
Continue Reading Illinois Supreme Court Amends Rules Pertaining to Credit Card or Debt Buyer Collection Actions

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
Continue Reading Quick Take on Illinois Supreme Court Opinion Issued Wednesday, October 28, 2020

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
Continue Reading Illinois Supreme Court Announces Expansion of Volunteer Pro Bono Program to Reduce Criminal Appeals Backlog

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 
Continue Reading Illinois Supreme Court Issues Pandemic-Related Orders for Remote Jury Trials and Protective Orders