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The Illinois Supreme Court will hold oral arguments via the Zoom videoconference platform when it hears cases for its first term of 2021. The Court continues to practice social distancing while still conducting court proceedings during the COVID-19 pandemic. “I would like to thank counsel and the new admittees for their cooperation in holding these events remotely,” Chief Justice Anne M. Burke said. “We strive to ensure access to justice while maintaining the health and safety of everyone in the court system.” The court is scheduled to hear four cases on January 12, four cases on January 13 and two…
The Illinois State Bar Association (ISBA) vehemently condemns the assault on the Rule of Law that the nation watched unfold at the U.S. Capitol yesterday afternoon. The peaceful transfer of power to incoming presidential administrations and the processes that facilitate that transfer are a fundamental foundation of our democracy and have been faithfully observed and respected since the inception of the nation. The storming of the U.S. Capitol by rioters seeking to use violence to disrupt the certification of the presidential election was not only a repugnant act, but criminal activity that should be prosecuted to the full extent of…
ILSCNews
The Illinois Supreme Court today issued a new order in eviction cases. The order is a follow-up to the order the Court issued in May setting forth the requirements for any landlord seeking to evict a tenant from a dwelling unit covered by the CARES Act. While certain provisions of the CARES Act eviction moratorium have sunset, Gov. Pritzker’s most recent Executive Moratoriums departed from previous orders and changed the parameters for the state’s eviction moratorium. The new order, which was proposed by the Court’s COVID-19 Task Force, is intended to clarify how courts should handle the commencement of eviction…
ILSCNews
The Illinois Supreme Court today announced the approval of Order M.R.18368, which provides a timeline for the expansion of the Remote Access Policy (RAP) for Illinois licensed attorneys and legal services providers in User Group 5. “This is an important step forward in providing access to justice in our state,” Chief Justice Burke said. “Remote access to court documents has become ever more important due to the ongoing pandemic and limiting in-person appearances at courthouses.” Under the expansion, Illinois licensed attorneys and legal service providers in User Group 5 will be allowed access to the following: Access to all non-confidential…
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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…
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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…
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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…
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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…
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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…
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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…
ILSCNews
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…
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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…
ILSCNews
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,…