Illinois State Bar Association

Founded in 1877, the Illinois State Bar Association is the premier legal association in the state. As a voluntary organization of  28,000 members, the Association's primary focus is to assist Illinois lawyers in the practice of law and to promote improvements in the administration of justice.

The Association engages in many important activities on behalf of the profession — among them proposing and shaping legislation, educating the public, and supporting the courts and the rule of law.

A leading appellate attorney reviews the Illinois Supreme Court opinion handed down Thursday, October 20. 

People v. Stewart, 2022 IL 126116
By Kerry J. Bryson, Office of the State Appellate Defender

In 2016, Denzal Stewart was charged with the Class 2 offense of possession of a stolen motor vehicle. Stewart was 20 years old at the time of the offense, and he turned 21 while the charge was pending.

After Stewart was found guilty at a jury trial, the court found he was subject to mandatory Class X sentencing pursuant to 730 ILCS 5/5-4.5-95(b). That statute provides, in part:

(b)
Continue Reading Quick Take on Illinois Supreme Court Opinion Issued Thursday, October 20, 2022

The Illinois Supreme Court announced today the approval of new Rule 455, which will create uniform statewide procedures for ensuring that criminal hearing and trial exhibits become part of the record on appeal. The new rule is scheduled to go into effect on January 1, 2023.

View the New Rule 455. Also, view the Illinois Supreme Court Rules on the Illinois Courts website.

New Rule 455, first proposed by the Appellate Lawyers Association (ALA) and supported by the Office of the State Appellate Defender (OSAD), is intended to bring uniformity to trial exhibits and prevent the delays which
Continue Reading Illinois Supreme Court Adopts New Rule for Trial Exhibits

A leading appellate attorney reviews the Illinois Supreme Court opinion handed down Thursday, October 6.
In re Kelan W., 2022 IL 128031
By Kerry J. Bryson, Office of the State Appellate Defender

In August 2020, Kelan W. was in Missouri with an adult accomplice when they allegedly unlawfully took a vehicle from another individual and then drove the vehicle across the river into Illinois where they were apprehended. Kelan was 16 years old and resided in Illinois with his mother at the time.

The State subsequently filed a delinquency petition against Kelan, alleging offenses based on conduct which occurred
Continue Reading Quick Take on Illinois Supreme Court Opinion Issued Thursday, October 6, 2022

Our panel of leading appellate attorneys reviews the nine Illinois Supreme Court opinions handed down Thursday, September 22.

Editor’s note: There will be no summary of People v. Kastman. 
Noland v. Mendoza, 2022 IL 127239
By Karen Kies DeGrand of Donohue Brown Mathewson & Smyth LLC

The Illinois Supreme Court found that plaintiffs Michael Noland and James Clayborne, former Illinois state senators who had voted for laws to reduce legislators’ salaries, misled the public; shortly after leaving office, they sued the state comptroller to recover the pay they had agreed should be withheld. The Illinois Supreme Court ruled that
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, September 22, 2022

The Administrative Office of the Illinois Courts (AOIC) Probation Services Division sought and received funds from the Bureau of Justice Assistance (BJA) to implement initiatives to support the development of a statewide training and technical assistance program to address the training needs of new Problem-Solving Courts (PSC) and the ongoing training needs of experienced PSC. AOIC Probation Services Division has accomplished these goals through a multi-pronged approach including data collection, curriculum, courses, and training workshops for the PSC of Illinois.

The AOIC Probation Services Division formed the PSC Curriculum Committee in early 2020. The overall PSC curriculum, individual courses, workshops,
Continue Reading AOIC Probation Services Division Announces 17 Training Courses for Problem-Solving Courts

The Illinois Supreme Court announced this week that Justice Mary Jane Theis
will be its next Chief Justice. Justice Theis was selected by the Court to serve a three-year term commencing October 26, 2022. She succeeds Justice Anne M. Burke whose tenure as Chief Justice began in October of 2019.

An installation ceremony marking Justice Theis’ selection as Chief Justice will be held at the Supreme Court Building in Springfield during the Court’s November Term.

“I would like to thank my colleagues for giving me this opportunity to serve the people of Illinois as Chief Justice,” Justice Theis said. “I
Continue Reading Justice Mary Jane Theis Selected as Next Chief Justice of the Illinois Supreme Court

Chief Justice Anne M. Burke has announced her retirement from the Illinois Supreme Court. Her last day on the bench will be November 30, 2022. Chief Justice Burke has served on the Supreme Court since 2006 and has served as Chief Justice since October 2019. Her term as Chief Justice concludes on October 25, 2022. Read Justice Burke’s full statement on her retirement.

“I have been blessed to serve as a Supreme Court Justice for the past 16 years and have loved working with my staff, colleagues, and Judicial Branch staff to serve the people of Illinois,” Chief Justice
Continue Reading Chief Justice Anne M. Burke Announces Retirement From Illinois Supreme Court – Justice Joy V. Cunningham to Fill Vacancy

Chief Justice Anne M. Burke and the Illinois Supreme Court announced today an amendment to Supreme Court Rule 711 (Rule 711), which allows law students and recent law school graduates to obtain temporary law licenses to perform legal services, to include federal court work. The amended order is effective immediately.

View the amendment to Illinois Supreme Court Rule 711.

Rule 711 previously allowed licensees to work for certain non-profit and public-sector employers practicing in the Illinois state courts but did not reference federal courts. The amendment to Rule 711 allows for employment at federal government agencies practicing in the
Continue Reading Supreme Court Amends Rule 711 on Temporary Licensure To Include Federal Court Work

On Tuesday, August 9, the American Bar Association’s House of Delegates formally adopted Resolution 402, which reaffirms longstanding ABA policy adopted in July 2000 that sharing legal fees with nonlawyers and the ownership or control of law practices by nonlawyers is inconsistent with the core values of the legal profession. The Resolution was sponsored and proposed by the Illinois State Bar Association. Additional sponsors included: the New York State Bar Association, the New Jersey State Bar Association, the ABA Tort Trial and Insurance Practice Section, and the ABA Solo, Small Firm and General Practice Division. The Resolution was also
Continue Reading American Bar Association’s House of Delegates Adopts Resolution on Nonlawyer Ownership of Law Firms and Sharing Legal Fees With Nonlawyers, Which Was Sponsored and Proposed by the Illinois State Bar Association

Working with other states and entities across the American Bar Association, the Illinois State Bar Association (ISBA) is the co-sponsor of a proposed Resolution and Report in the ABA House of Delegates that seeks to reaffirm longstanding ABA policy adopted in July 2000 that sharing legal fees with nonlawyers and the ownership or control of law practices by nonlawyers is inconsistent with the core values of the legal profession.

A goal of reaffirming the existing ABA policy is to provide guidance within the ABA as various groups consider possible changes to the Model Rules of Professional Conduct and other policy
Continue Reading Illinois State Bar Association Co-Sponsors Proposed American Bar Association Resolution and Report on Nonlawyer Ownership of Law Firms and Sharing Legal Fees With Nonlawyers

Our panel of leading appellate attorneys reviews the two Illinois Supreme Court opinions handed down Friday, June 24.
People v. Lewis, 2022 IL 126705
By Kerry J. Bryson, Office of the State Appellate Defender

In 2015, Shane Lewis responded to an ad on Backpage.com titled, “young warm and ready.” (A printout of the ad is appended to the Court’s opinion.) The body of the ad indicated that the poster was 18 years old and was a “hot little co ed” who was “young, eager to please and more than willing to meet all your desires.” The ad included a
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Friday, June 24, 2022

Our panel of leading appellate attorneys reviews the four Illinois Supreme Court opinions handed down Thursday, June 16.
Holm v. Kodat, 2022 IL 127511
By Michael T. Reagan, Law Offices of Michael T. Reagan

The Mazon River is 28 miles long, ending in the Illinois River near Morris. It contains and abuts large deposits of fossils. The Court’s opinion by Justice Carter relates that this area is world-famous. It is a National Historic landmark which contains “extraordinary fossils with exceptional preservation.”

Plaintiffs and defendants own separate parcels of property along the river. Plaintiffs operate a fossil hunting business and
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, June 16, 2022

Our panel of leading appellate attorneys reviews the six Illinois Supreme Court opinions handed down Thursday, May 19.
Prate Roofing and Installations, LLC v. Liberty Mutual Insurance Co., 2022 IL 127140
By Amelia Buragas, J.D.

At issue in Prate Roofing and Installations, LLC v. Liberty Mutual Insurance Co., was whether the Department of Insurance (DOI) has the authority to resolve a dispute regarding the amount of premiums due on a workers’ compensation policy. The appellate court in a separate case recently had held that the DOI did not have the authority to resolve such disputes and vacated DOI’s final order
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, May 19, 2022

Our panel of leading appellate attorneys reviews the 10 Illinois Supreme Court opinions handed down Thursday, April 21.
Dent v. Constellation NewEnergy, Inc.,  2022 IL 126795
By Michael T. Reagan, Law Offices of Michael T. Reagan

Richard Dent and his company, RLD Resources, Inc. had terminable at will energy supply and marketing contracts with the respondent companies. Attorneys acting for the respondents advised Dent that allegations had been made against him that he had groped a woman guest at a party at the Shedd Aquarium, that on another occasion he had commented graphically on that woman’s anatomy, and that someone
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, April 21, 2022

The Illinois Supreme Court issued one opinion on Thursday, April 7.
People v. Moon , 2022 IL 125959
By Kerry J. Bryson, Office of the State Appellate Defender

Omega Moon was charged with one count of domestic battery, alleging that she caused bodily harm to a child by striking the child several times with a belt. Moon opted to proceed to jury trial. Once the jury was selected, the court asked the clerk to swear in the jurors, but the clerk erroneously administered the voir dire oath (swearing that they will truthfully answer voir dire questions) rather than the trial
Continue Reading Quick Take on Illinois Supreme Court Opinion Issued Thursday, April 7, 2022

Our panel of leading appellate attorneys reviews the four Illinois Supreme Court opinions handed down Thursday, March 24.
People v. Deroo , 2022 IL 126120
By Kerry J. Bryson, Office of the State Appellate Defender

Ryan DeRoo was charged in Rock Island County with aggravated DUI. At DeRoo’s jury trial, the State introduced the results of a chemical blood test establishing DeRoo’s blood alcohol content. That evidence was admitted pursuant to 625 ILCS 5/11-501.4(a), which allows admission of chemical blood tests conducted in the course of emergency medical treatment “as a business record exception to the hearsay rule.”

Following his
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, March 24, 2022