2022 Articles

Inmates scheduled to be discharged must be given information necessary to reenter the community and avoid recidivism

May
2022
Illinois Law Update
, Page 14
The Unified Code of Corrections is amended to afford inmates to be discharged with information necessary to avoid recidivism.

The ISBA’s Open Elections

By Anna P. Krolikowska
March
2022
Column
, Page 8
“Open,” as in “open to everyone.”

It’s About Time

By Pete Sherman
May
2022
LawPulse
, Page 10
Time standards for Illinois courts to take effect July 1.

It’s Tough to Be Ford

By Grant A. Bosnich
April
2022
Article
, Page 40
The 2021 U.S. Supreme Court decision in Ford Motor Company and its sprouting Illinois caselaw clarifying the “arising from” prong of specific personal jurisdiction.

Juveniles in delinquency proceedings are entitled to Krankel inquiries when notice of ineffective assistance of counsel was given

April
2022
Illinois Law Update
, Page 14
On Jan. 21, 2022, the Illinois Supreme Court held that juveniles are entitled to a Krankel hearing when the juvenile defendant makes a pro se, posttrial claim of ineffective assistance of counsel. The Court also held that a juvenile’s statement made during a sex-offender evaluation about his or her counsel’s ineffective assistance could trigger a Krankel inquiry.

Labor rules updated for child performers in film, television, and stage productions

February
2022
Illinois Law Update
, Page 14
The Department of Labor adopted amendments to the Part titled Child Labor Law. The amendment updates rules for child performers, defined as unemancipated persons under 16 who perform in live or prerecorded radio, television, motion pictures, and other entertainment.

Laches may be raised as an affirmative defense to a petition alleging a void judgment

April
2022
Illinois Law Update
, Page 14
On Jan. 21, 2022, the Illinois Supreme Court affirmed the trial and the Second District of the Illinois Appellate Court’s decision holding that a petition for relief from a void judgment under section 2-1401(f) of the Illinois Code of Civil Procedure was subject to dismissal based on laches.

Law Practice for Sale

By Robert V. Schaller
January
2022
Article
, Page 24
Expanding the pool of eligible buyers increases a seller’s chances of obtaining top dollar for their practice.

Lawyers Can Make Lousy Clients

By Charles J. Northrup
January
2022
Column
, Page 46
When going pro se, glean some wisdom from the Illinois Rules of Professional Conduct.

Legal malpractice action is not time-barred because the client did not suffer an injury until adverse judgment

April
2022
Illinois Law Update
, Page 14
On Jan. 21, 2022, the Illinois Supreme Court held that the statute of limitations had not expired on a malpractice claim as time did not accrue until the trial court entered judgment.

Lincoln and Robert E. Lee

By Ron Spears
February
2022
Column
, Page 44
The restoration of Robert E. Lee’s reputation vs. true racial reckoning.

Loan not considered income in determining child support and maintenance payments

March
2022
Illinois Law Update
, Page 18
On Dec. 17, 2021, the First District of the Illinois Appellate Court affirmed a trial court’s ruling that loans given to the child support payee by her parents should not be considered income when calculating child support and maintenance payments.

The Magic of Online Client Intake

By Ed Finkel
March
2022
Cover Story
, Page 24
From PDFs to cloud-based apps, the many ways to manage client data online.

Mandatory distributions from an inherited individual retirement account constitute “income”

February
2022
Illinois Law Update
, Page 14
On Nov. 18, 2021, the Illinois Supreme Court held that mandatory individual retirement account (IRA) distributions and withdrawals constituted income for purposes of child support and maintenance calculations.

Mandatory Mediation Means Many Things

By Pete Sherman
January
2022
LawPulse
, Page 12
The U.S. Southern District of Illinois joins a long list of other courts requiring mandatory mediation for many kinds of cases.

Modification of accomplice witness jury instruction proper

March
2022
Illinois Law Update
, Page 18
Fane was convicted of several offenses, including residential burglary, home invasion, and resisting or obstructing a peace officer. On Nov. 18, 2016, police pursued two separate individuals, McGee and Beales, following a 911 report of a home invasion.

More Civility, More Awareness

By Amelia Buragas
February
2022
LawPulse
, Page 10
Illinois Supreme Court announces new policy allowing for cellphones and other mobile devices in courthouses.

Motion to quash service unsupported when recipient of substitute service does not have the subjective mental capacity to understand the importance of service documents

January
2022
Illinois Law Update
, Page 16
On Sept. 30, 2021, the First District of the Illinois Appellate Court held that leaving a summons with a mentally impaired adult is a valid service of process.

The New & Improved Transfer on Death Instrument Act

By Charles B. Brown & Nathan Hinch
February
2022
Article
, Page 30
The amended Transfer on Death Instrument Act adds options for clients seeking cost-effective and straightforward ways to transfer real property at death.

NFTs: Sharks and Shards

By Ahad Syed
March
2022
Article
, Page 18
Fractional nonfungible tokens and nonexempt securities.

No conflict of interest exists when a defense attorney has also represented the victim of the defendant’s crime if the representation has concluded before trial

January
2022
Illinois Law Update
, Page 16
On Oct. 21, 2021, the Illinois Supreme Court held that no per se conflict exists where defense counsel previously represented the victim of the defendant’s crime if the representation concluded before trial.

Not Under Control

By Maria Puppo Martinez
April
2022
Article
, Page 24
Should “coercive control” be introduced into the Illinois Domestic Violence Act? Plus, helpful tips for representing survivors of abuse.

Notes About Quotes

By Justice Michael B. Hyman
March
2022
Column
, Page 46
Use quotations to serve your writing, not the other way around.

One fingerprint found in the victim’s apartment may be sufficient to convict a defendant of burglary

April
2022
Illinois Law Update
, Page 14
On Jan. 21, 2022, the Illinois Supreme Court held that a single, partial fingerprint might be sufficient to uphold a residential burglary conviction.

One-act, one-crime rule violated when only one firearm was involved in multiple firearm convictions

May
2022
Illinois Law Update
, Page 14
On Feb. 2, 2022, the First District of the Illinois Appellate Court reversed and remanded a trial court’s finding involving three separate convictions with instructions to merge the offenses after a one-act, one-crime rule violation.

Organizations receiving government grants to install electric car charging stations must comply with the Prevailing Wage Act

February
2022
Illinois Law Update
, Page 14
The Electric Vehicle Act is amended to require organizations or companies that receive government grants to install electric car charging stations to comply with the Prevailing Wage Act.

Pandemic Fatigue

By Dr. Diana Uchiyama
March
2022
Column
, Page 50
Overcoming COVID-19 malaise, building resilience, and watching for open doors.

Persons in police custody have the right to make three telephone calls no later than three hours after arrival at the place of detention

May
2022
Illinois Law Update
, Page 14
The Code of Criminal Procedure is amended to afford persons in police custody three telephone calls free of charge. No later than three hours after arriving at the first place of detention, the detainee must be given access to a telephone to make three phone calls.

Photographer bearing media credential referencing a website with mandatory arbitration clause may not have assented to such terms

February
2022
Illinois Law Update
, Page 14
On Nov. 16, 2021, the First District of the Illinois Appellate Court held that there is a genuine issue of fact about whether a contract existed when a photographer bears a media credential that provides for mandatory arbitration.

Police had reasonable suspicion to conduct lawful Terry stop after anonymous tip

March
2022
Illinois Law Update
, Page 18
On Dec. 16, 2021, the Illinois Supreme Court affirmed a trial court’s denial of a motion to suppress evidence obtained through a Terry stop.