Illinois Supreme Court

Chief Justice Thomas L. Kilbride and the Illinois Supreme Court announced Thursday formation of a long-range planning committee to serve as a "think tank" to better adapt Illinois courts to future trends in economic, technological, scientific and social changes.

The Committee on Strategic Planning of the Illinois Judicial Conference is composed of judges, lawyers and will include other stakeholders in the justice system. It is charged with identifying emerging trends and issues that may impact the courts and the delivery of justice, and proposing specific strategies and tactics to address them.

"Instead of being reactive to change—sometimes years late—the judicial branch needs to be more proactive, more anticipatory," said Chief Justice Kilbride. "The committee will take a close look at larger issues before they require immediate attention. We need to develop strategies and prepare to adapt to Illinois' changing needs.

"I thank my colleagues on the Supreme Court for supporting this new structure within the Judicial Conference; I thank the members of the new committee for their energy and enthusiasm in embarking on this new endeavor; and I especially thank Judge Michael Hyman for his leadership in preparing and presenting the planning proposal."

The 13-person committee will be made up partly of members of the Executive Committee of the Illinois Judicial Conference and six appointees of the Chief Justice. The Illinois Judicial Conference is a vehicle mandated by the Illinois Constitution to suggest improvements in the administration of justice. Hence, the committee formalizes a new structure for strategic planning within the model of the Judicial Conference.

Chief Justice Thomas L. Kilbride of the Illinois Supreme Court will be honored as the recipient of the 2012 Illinoisan of the Year award from the Illinois News Broadcasters Association (INBA) during its annual Fall 2012 Convention to be held September 22 and 23 in St. Louis, Missouri.

The honor is being made in recognition of Chief Justice Kilbride’s several efforts to improve the efficiency of Illinois courts, initiating a pilot program to allow cameras in Illinois courts and increasing access to the courts for citizens.

"Chief Justice Kilbride was unanimously selected as our honoree for 2012," said Jim Gee, immediate past president of the INBA. "In addition to his work in creating a pilot program to allow cameras and microphones in Illinois trial courts, we are honoring Chief Justice Kilbride for his overall support of openness in government, including his advocacy for a commission to examine ways in which the courts can be made more accessible to the public."

The roster of previous awardees includes former Illinois Governors Jim Edgar and James Thompson; Mike Lawrence, former director of the Paul Simon Policy Institute; NBC News Anchor John Chancellor; former U.S. Attorney Patrick Fitzgerald; and the late Illinois Supreme Court Justice Seymour Simon.

CIVIL

Jackson v. The Board of Election Commissioners of the City of Chicago

By Michael T. Reagan, Law Offices of Michael T. Reagan, Ottawa

Carmelita Earls and her husband obtained homestead exemptions on three properties in Cook County. Preparatory to filing to run for Alderman, Earls checked with the Indebtedness Check Unit of the City of Chicago Department of Revenue and was told that she owed no outstanding debt to the City. Shortly after, the Assessor's office challenged two of the homestead exemptions. Earls then promptly executed waivers of those exemptions. An objection was raised to Earls' candidacy, in which it was contended that Earls was in arrears in payment of taxes or other indebtedness to the City. 

Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the Civil case Harris v. Thompson and the Criminal case People v. Hollins.

CIVIL

Harris v. Thompson

By Alyssa M. Reiter, Williams Montgomery & John Ltd.

The interplay between the Illinois Vehicle Code and the Local Governmental and Governmental Employees Tort Immunity Act (“Tort Immunity Act”) divided the Court in Harris v. Thompson.

The plaintiff was injured in an automobile accident with a Massac County ambulance. He sued the County defendants for negligence. The defendants moved to dismiss and, following an adverse jury verdict, moved for judgment non obstante veredicto, asserting that they were immune from liability based on negligence pursuant to the Tort Immunity Act. That Act provides that a public employee acting within the scope of his employment is not liable for an injury caused by the negligent operation of a motor vehicle when responding to an emergency call. The trial court denied the motions and the Appellate Court (Fifth District) affirmed. Those courts found that the Illinois Vehicle Code, which imposes a duty to refrain from negligence, is the more specific statute and supersedes the Tort Immunity Act.