Illinois Supreme Court

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
Continue Reading Illinois Supreme Court Amends Rule to Allow Defendants Direct Access to Discovery

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
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, October 22, 2020

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
Continue Reading Illinois Supreme Court, MCLE Board Unveil Online Portal to Simplify CLE Recordkeeping for Attorneys

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
Continue Reading Illinois Supreme Court Amends Rules 212, 306, 315, 316, 318, 341, 368, and 705

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
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, September 24, 2020

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
Continue Reading Illinois Supreme Court to Hold In-Person September Term in Springfield

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
Continue Reading Illinois Supreme Court Issues Temporary Order Limiting In-Person Court Appearances Through Change to Fee Waivers and Summonses to Appear

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
Continue Reading Quick Take on Illinois Supreme Court Opinion Issued Thursday, August 20, 2020

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
Continue Reading Free Legal Answers for Civil Appeals Coming to Illinois

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
Continue Reading Illinois Supreme Court Amends Rule to Address E-Filing Barriers During Pandemic

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
Continue Reading Illinois Attorney Registration and Disciplinary Commission Forms Equal Justice Rules Committee

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
Continue Reading Illinois Bar Exam to Be Held Remotely

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.
Continue Reading Illinois Supreme Court Amends Rule on Solicitation of Clients

Chief Justice Anne M. Burke and the Illinois Supreme Court announced today the approval of new Rule 139 regarding practice and procedure in eviction proceedings. The new rule requires an eviction complaint to include a copy of the written eviction notice or demand and, where applicable, the relevant portions of the lease. The new rule is effective immediately.

The Illinois Supreme Court Rules can be found online.

“This new rule will help self-represented parties on both sides of eviction cases and also the judges hearing these cases by requiring key information at the outset,” Chief Justice Anne M. Burke
Continue Reading Illinois Supreme Court Adopts New Rule for Eviction Cases

The Illinois Supreme Court today amended Rules 11 and 131.

Rule 11 was amended to explicitly provide that “[a] self-represented litigant who has an e-mail address must also include the e-mail address on the appearance and on all pleadings filed in court to which documents and notices will be served in conformance with Rule 131(d).” Prior to the amendment, self-represented litigants were allowed, but not required, to provide e-mail addresses on appearances and pleadings.​ Rule 131 was simply updated to reflect the changes to Rule 11.

The changes are effective immediately. The amended Rules are available online.
Continue Reading Illinois Supreme Court Amends Rules to Require Self-Represented Litigants to Provide E-Mail Addresses on Appearances and Pleadings

Chief Justice Anne M. Burke and the Illinois Supreme Court announced today the amendment of Rule 711(g), which will temporarily expand the class of employers eligible to supervise new law school graduates to include private law firms and other for-profit entities.

The Illinois Supreme Court order temporarily amending Rule 711 to add paragraph (g) can be found here and the Application for Authorization to Perform Legal Services under Illinois Supreme Court Rules 711(g) is available here.

“The Court understands the plight of recent law graduates and we want to provide an effective transition to them becoming practicing lawyers in
Continue Reading Supreme Court Temporarily Amends Rule to Allow New Law School Graduates to Work at Private Firms