As with any new technology, the use of biometrics comes with complications. If it is suspected that the device has been used to commit a crime, law enforcement is authorized to apply for a warrant to search the device. If the device is protected by a biometric feature, the government will seek authorization to compel the owner to unlock the device. In his October Illinois Bar Journal article, “I Can’t Quite Put My Finger on It,” Thomas A. Drysdale asks whether a person can be compelled to provide a biometric feature to unlock a device and finds that, due to the constitutional protection against self-incrimination, courts have struggled to find an answer. Drysdale examines the constitutional implications of compelling biometric features, compares differing judicial opinions, and provides background information for the Illinois practitioner approaching the issue.

The Illinois State Bar Association’s Board of Governors approved three new Professional Conduct Advisory Opinions on September 25 during its regularly scheduled Board meeting. The opinions address an attorney’s duty to disclose confidential information about a client’s fraud to third parties in an effort to prevent, lessen, or rectify the fraud; a lawyer’s responsibility to hold funds whose ownership is disputed until the dispute is resolved; and the ethical Rules that do not bind an attorney to continue proceeding with an appeal of a court’s decision appointing a guardian for a client who currently lacks mental capacity, in the manner discussed between the lawyer and the client previously, when the client had adequate mental capacity.

The Illinois State Bar Association is inviting members to submit articles for publication in the Illinois Bar Journal (IBJ), our award-winning monthly publication that is sent to 28,000 attorneys throughout the state. When you become an author for the IBJ, you not only establish yourself as an authoritative subject matter expert, but you can also claim CLE credit for your work.

Campaign season for the 2021 Illinois State Bar Association election began October 1, for open leadership seats of third vice president (outside Cook County) and one seat each for the following Board of Governors seats: Area 1 (Circuit 18), Area 6 (Circuits 7, 8, and 9), and Area 8 (Circuits 3 and 20). There is also one Board of Governors seat in Cook County. There are 26 open seats for Cook County Assembly.