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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.
On December 4, 2020, after his November 3, 2020 election, Justice Neville, the second African American to sit on the Illinois Supreme Court, was sworn in by Chief Justice Anne M. Burke, with his wife and staff in attendance.
In their December 2020 Illinois Bar Journal article, attorneys Andrew R. Schwartz and John Cerney present the following scenario: Without first consulting its lawyers, your firm’s major client, Hapless Client, LLC, entered into a horrible one-sided contract with Sketchy Business, Inc. To make matters worse, Sketchy just filed a contract claim against Hapless to enforce that contract, and Sketchy’s complaint seeks massive damages that could put Hapless out of business permanently. An interview with Hapless confirms the truth of the essential allegations of the complaint. Since the complaint states a viable claim, a motion to dismiss will fail. Litigation might buy Hapless some time, but Sketchy will likely win on summary judgment. Settlement appears doubtful: Sketchy knows the strength of its case, and its settlement demand exceeds Hapless’ ability to pay. You know this desperate situation will require creative thinking and, lo and behold, your research about Sketchy shows that it has a long and colorful history in the courts, including an unsatisfied adverse judgment in favor of J. Creditor, LLC. Here, a rather unusual strategy presents itself: Purchase J. Creditor’s judgment against Sketchy. With that judgment, Hapless can then seize Sketchy’s claim, i.e. its “chose in action” against Hapless. Schwartz and Cerney outline precisely how this maneuver works (and is one based on the authors’ real-life experience).
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 Co. v. Elmore, the court considered the meaning and enforceability of a “mechanical device” exclusion in an automobile insurance policy that covered a grain truck used in a grain farming operation. In Gillespie v. Edmier, the court agreed that the defendant manufacturer was not entitled to summary judgment on the plaintiff’s strict product liability claims. In People ex rel. Lisa Madigan v. Stateline Recycling, LLC, the court reviewed a contempt order and remanded a case involving a civil enforcement action brought by the Attorney General under the Illinois Environmental Protection Act.
Podcasting has become serious business—and a serious means for marketing a business and developing credibility. Yet, some of the best podcasts available are produced by people who aren’t doing it for the money. Podcasting lawyers find themselves on both ends of the spectrum, including ISBA members who have dipped their toes into the still-growing medium. In its December 2020 issue, the Illinois Bar Journal asks ISBA members who podcast why they do it and what they’ve learned. The article, “Speaking Into the Mic,” also includes advice for blogging—another creative outlet that’s as popular as ever.
The U.S. Attorney's Office for the Southern District of Illinois is seeking experienced, highly qualified attorneys for litigation and trial advocacy, with the intellect and proven ability to handle federal criminal prosecutions as an Assistant United States Attorney (AUSA) in their Criminal Division in the Fairview Heights Office.
Chief Justice Anne M. Burke and the Illinois Mental Health Task Force will host a special screening of the newly released documentary The Definition of Insanity as well as a Family Panel discussion on Tuesday, December 1, 2020, from 3-5 p.m.
The Illinois Supreme Court has announced the amendment of Rule 21, which grants chief circuit judges the administrative authority to direct judges into a voluntary program to address certain types of judicial conduct.
The Committee Comments to the Rule were also updated. All changes are effective January 1, 2021.
The Illinois Supreme Court has announced that Thirteenth Circuit Judge Eugene P. Daugherity has been assigned as an Appellate Court Justice in the Third District.
Judge Daugherity was assigned to fill the vacancy created by the appointment of Justice Robert E. Carter to the Supreme Court of Illinois effective December 8, 2020. The assignment of Judge Daugherity takes effect on December 8, 2020 and will remain in effect until December 5, 2022.
Perhaps no one has been more outspoken regarding the importance of oral arguments in appellate courts than Illinois Supreme Court Justice Karmeier, who has reiterated the importance of providing appellate counsel an opportunity to “isolate and clarify the core issues in a case and to direct the court’s attention to matters that may have been overlooked or misunderstood.” As chief justice, he categorized the “interactive nature” between counsel and the justices as being “invaluable” to the court’s decision-making process and emphasized the importance of the interaction between the justices themselves during oral argument. Justice Karmeier also lauded oral argument as a key component to “providing public visibility and institutional legitimacy to our system of judicial review.” All of these statements came to fruition in an amendment of Illinois Supreme Court Rule 352, known affectionately by some as “Thou shalt oral,” which into effect July 1, 2018, and has had a significant impact on appellate advocacy. In her November Illinois Bar Journal article, “Oral Arguments: More and Less Remote,” Amanda Hamilton discusses the steady increase in oral arguments in Illinois appellate courts and why Illinois appellate practitioners must be prepared to present and defend their positions on complex issues at oral argument with increasing frequency.