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

The Illinois Supreme Court announced today an amendment to Order M.R. 30370 concerning residential evictions. Timed to coincide with the resumption of eviction filings effective August 1, 2021, the amended Order provides for a one-month period in which the judiciary will focus on referring newly filed cases to State programs providing financial assistance to landlords and tenants.

In March 2020, Governor J.B. Pritzker declared a State of Emergency in response to the novel coronavirus (COVID-19) and the President of the United States declared the COVID-19 outbreak a national emergency. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) (P.L.
Continue Reading Illinois Supreme Court Announces Triage Period to Wind Down Eviction Moratorium

The Illinois Supreme Court today issued two new orders which will resume statutory time restrictions for speedy trials on October 1 and relax social distancing requirements in courthouses. Both orders are effective immediately.

“It is important to note that our courts remained open during the COVID-19 pandemic and thousands of court proceedings have taken place via both in-person and virtual hearings,” Chief Justice Anne M. Burke said. “However, conducting criminal jury trials has been very difficult. These two orders will help our courts prepare for a return to a full slate of jury trials.”

M.R. 30370, In re: Illinois Courts…
Continue Reading Illinois Supreme Court Issues Orders on Speedy Trials and Social Distancing

Our panel of leading appellate attorneys reviews the four Illinois Supreme Court opinions handed down Thursday, June 17. In In re Application of Tax Deed, the court analyzed case-specific facts for purposes of determining whether section 22-85 of the Property Tax Code could be applied to void a tax deed. In Municipal Trust & Savings Bank v. Moriarty, the court construed section 2-202 of the Code of Civil Procedure to determine whether a private process server may serve process on a defendant in Cook County without first being appointed by the circuit court. In Roberts v. Alexandria Transportation, Inc., the…
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, June 17, 2021

Chief Justice Anne M. Burke and the Illinois Supreme Court announced today amendments to Rule 756 and Rule 751, which will give $10 from the attorney registration fee to the Illinois Lawyers Assistance Program (LAP) and an additional $10 allocation for the Supreme Court Commission on Access to Justice (ATJ Commission) to provide funding for Illinois Court Help.

The amended rules are effective July 1, 2021.

The Illinois Supreme Court Rules including Amended Rules 756 and 751 can be found here.

The $20 reallocation ($10 for LAP, $10 for Illinois Court Help) will not increase attorney registration fees. Instead,…
Continue Reading Supreme Court Reallocates Attorney Registration Fee to Meet Growing Need for Assistance

Chief Justice Anne M. Burke and the Illinois Supreme Court announced today amendments to Rule 11 and Rule 371 which alter the manner of serving certain legal documents and how a rule on confidential records is applied.

The amendment to Rule 371 is effective immediately. The amendment to Rule 11 is effective July 1, 2021.

The Illinois Supreme Court Rules can be found here: http://www.illinoiscourts.gov/SupremeCourt/Rules/default.asp

Rule 11 is the “Manner of Serving Documents Other Than Process and Complaint on Parties Not in Default in the Trial and Reviewing Courts.” The amendment to Rule 11 now allows email to be used…
Continue Reading Supreme Court Amends Rules on Serving Documents and Confidential Records

Our panel of leading appellate attorneys reviews the nine Illinois Supreme Court opinions handed down Thursday, May 20. Seven of the cases are civil and two are criminal.

People v. Bochenek

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

Dominic Bochenek was convicted of identity theft based on the unauthorized use of another person’s credit card information to purchase cigarettes. The underlying transaction occurred at a gas station in Lake County, but Bochenek was charged in DuPage County under a provision in the venue statute which allows for the charge to be brought in the county where the…
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, May 20, 2021

The Illinois Supreme Court’s Illinois Judicial Conference (IJC) recently announced the release of a new jury orientation video which will serve as an introduction to jury service for all 24 circuit courts in Illinois.

“Jury service is a hallmark of the American justice system,” said Chief Justice Anne M. Burke, who also serves as Chair of the IJC. “This video serves as an excellent introduction for those called to jury duty and answers many questions they may have to make for a positive experience.”

Jury orientation provides an important first impression of the court for prospective jurors. This orientation video…
Continue Reading Illinois Supreme Court Unveils New Jury Orientation Video

Our panel of leading appellate attorneys reviews the Illinois Supreme Court opinion handed down Wednesday, April 21. In Elam v. The Municipal Officers Electoral Board for the Village of Riverdale, the Supreme Court affirmed the decision of the Municipal Officers Electoral Board for the Village of Riverdale invalidating a candidate’s eligibility to run for village trustee in the general election because of invalid signatures on his nominating petition.

Elam v. The Municipal Officers Electoral Board for the Village of Riverdale, 2021 IL 127080

By Joanne R. Driscoll, Forde & O’Meara LLP

In a unanimous opinion authored by Justice Overstreet,…
Continue Reading Quick Take on Illinois Supreme Court Opinion Issued Wednesday, April 21, 2021

Our panel of leading appellate attorneys reviews the five Illinois Supreme Court opinions handed down Thursday, April 15.

In People v. Wise, the court held that the state failed to prove that the defendant possessed a gun “on or about his person.” In People v. Johnson, the court resolved the question of whether an individual’s standing to file a post-conviction petition under the Post-Conviction Hearing Act is a proper consideration at the first stage of proceedings under the Act or whether a determination of standing is more appropriately made at the second stage of proceedings. In People v. Bass, the…
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, April 15, 2021