Kerry Bryson reviews People v. Sebby, handed down by the court Friday, June 2. People v. Sebby By Kerry Bryson, Office of the State Appellate Defender On October 27, 2011, LaSalle County Sheriff's Deputies went to the Sebby residence to serve a custody order. They were looking for the defendant's mother, Bonnie, who they believed had current physical custody of the defendant's niece (L.S.). L.S.'s mother, Casey, was the defendant's sister. Casey died in a car accident a month prior, and the custody order directed law enforcement to assist L.S.'s biological father in obtaining custody of her. Deputies had gone to the Sebby residence on two occasions during the week prior to October 27, but had been unsuccessful in serving Bonnie with the custody order. On the 27th, deputies arrived at 6 a.m., knocked on the door, and were met by a young woman who did not live at the home. The events that followed were recounted by both the deputies and the defendant and his family and friends, with each side giving a version which differed from the other, and with each version being plausible. The encounter ended with the defendant's arrest for resisting. Ultimately, the case proceeded to jury trial. During jury selection, there were defects in the Rule 431(b) admonishments provided by the court (commonly known as the Zehr admonishments). Defense counsel, however, did not object to the defective admonishments. On appeal, the defendant relied on the plain error doctrine to challenge the unpreserved 431(b) error.

Congratulations to Rana Meents for winning two tickets to 'Hamilton: An American Musical' with suite service in Chicago! As part of May Member Appreciation Month, ISBA members were given the option to sign up to receive daily Desk4Success Challenge e-mails — which covered decluttering techniques, how to polish your professional presence, technology tips, and more — and enter our grand prize drawing to win two tickets to see 'Hamilton' in Chicago or a $500 Visa Gift Card. 

The ISBA Mutual Insurance Company has partnered with the Illinois Bar Foundation to create the ISBA Mutual Giving Circle. This program allows ISBA Mutual policyholders to donate all or part of their dividend to support the mission of the IBF. For more information on joining the ISBA Mutual Giving Circle, contact the Illinois Bar Foundation at (312) 726-6072 or IBFinfo@isba.org.

On July 1, 2017, a major change for calculating child support obligations takes effect. Last year, Public Act 99-764 was enacted. The legislation amended the Illinois Marriage and Dissolution of Marriage Act to replace the percentage guideline formula with the income shares model for calculating child support. This is a significant change that brings Illinois in line with 39 other states and the District of Columbia, which already use the income shares model. Since 1984, Illinois has used the percentage guideline formula to determine child support. It arrives at the child support obligation by multiplying the payor's net income by a statutorily set percentage, which increases based on the number of children. This model is now considered outdated "because it does not reflect actual child rearing costs or allocate those costs between the parents." (Find out more more in the December 2016 IBJ at http://bit.ly/2qYq8Rr). Rather, the old formula required payors to simply pay a percentage of their net income regardless of the actual child rearing costs. Oak Brook attorney Margaret A. Bennett believes the old model often caused acrimony between divorcing parents because it is not always perceived as equitable and accurate.