Illinois Supreme Court

Michael J. Tardy, Director of the Administrative Office of the Illinois Courts, announced today that the 10th Judicial Circuit judges voted to select Kirk D. Schoenbein as an associate judge of the 10th Judicial Circuit.

Mr. Schoenbein received his undergraduate degree in 1984 from Western Illinois University in Macomb and his Juris Doctor in 1987 from the University of Illinois College of Law. Mr. Schoenbein is currently affiliated with the U.S. Attorney's Office in Peoria.

The Supreme Court of Illinois announced the filing of lawyer disciplinary orders on September 25, 2013, during the September Term of Court. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law.

Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the criminal cases People v. Johnson and In re Shelby R.

People v. Johnson

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

At issue was whether Section 4-2002.1(a) of the Counties Code allows for imposition of a $50 State’s Attorney fee for hearing a 2-1401 petition. The statute refers only to imposition of the fee for habeas corpus proceedings.

The Court rejected the argument that “habeas corpus” was meant to refer, generically, to any collateral proceedings, noting that habeas corpus has a specific meaning. Considering the plain language of the statute as the best indication of legislative intent, the Court concluded that the reference to “habeas corpus” was meant to encompass the various types of habeas corpus proceedings (e.g., habeas corpus ad prosequendum, habeas corpus ad respondendum, habeas corpus ad testificandum), and nothing more. Inclusion of any other collateral proceedings would have to come from the
legislature.

While this decision is not particularly broad-reaching, it does demonstrate the Court’s adherence to long-standing principles of statutory construction, beginning with looking first to the plain language of the statute.  Where the plain language is clear, the Court will go no further in interpreting a statute’s meaning.

Chief Justice Thomas L. Kilbride of the Illinois Supreme Court and Chief Judge Dan L. Flannell of the Sixth Judicial Circuit announced on Friday that news cameras will be allowed in trial courts in six additional Illinois counties.

The Sixth Judicial Circuit is comprised of Champaign, DeWitt, Douglas, Macon, Moultrie and Piatt counties in east central Illinois. With today's announcement, total participation in the pilot project rises to 35 counties within 13 judicial Circuits.

“Cameras and microphones in the courtroom now reach citizens in more than one half of the judicial circuits and one third of the counties in Illinois," Chief Justice Kilbride said. "Chief Judge Flannell's application and approval by the Supreme Court to allow cameras in the trial courtrooms will bring more geographical diversity to the pilot project.