2022 Articles

Postjuvenile conviction does not support the armed habitual provision of the Criminal Code

January
2022
Illinois Law Update
, Page 16
On Oct. 12, 2021, the First District of the Illinois Appellate Court reversed a trial court’s judgment that a juvenile was an armed habitual criminal.

Powering Through It

By Jeffrey S. Krause
March
2022
Column
, Page 44
Purchases you’ll never regret: backup batteries and surge protectors.

The presumed average cost of free meals provided to employees for purposes of establishing employers’ use tax liability increased to $3.50

March
2022
Illinois Law Update
, Page 18
The Department of Revenue adopted an amendment to the Part titled Retailers’ Occupation Tax. When an employer gives away personal property to an employee, the employer must pay use tax at the rate that would have been imposed at the time the employer acquired the property from the supplier.

Procedural hearing processes changed for out-of-state persons subject to lifetime driving restrictions

February
2022
Illinois Law Update
, Page 14
The secretary of state adopted amendments to Procedures and Standards for formal and informal administrative reinstatement of driving privileges hearings.

Procedures for display of U.S. flag at half-staff adopted

April
2022
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Flag Display Act to detail procedures for flying the U.S. national flag at half-staff. The flag should first be raised to the peak of the pole and then lowered to the half-way position.

Proclamations, Celebrations, and Disasters

By Jesse Bowman
May
2022
Column
, Page 42
Online resources for finding the full text of executive orders and proclamations issued by Illinois governors.

Propensities, for Evidence and Violence

By Charles Golaszewski
May
2022
Article
, Page 30
Propensity evidence and opposing expungements in domestic violence situations.

Property tax appeals may be conducted by video

February
2022
Illinois Law Update
, Page 14
The Property Tax Appeal Board adopted an amendment to Practice and Procedure allowing for hearing appeals by video.

Prosecutor did not impermissibly shift the burden of proof to defendant when prosecutor did not blame defendant for not requesting evidence testing

April
2022
Illinois Law Update
, Page 14
On Jan. 21, 2022, the Illinois Supreme Court held that a prosecutor did not impermissibly shift the burden of proof to the defendant when the prosecutor said in rebuttal closing argument that the defendant could have requested evidence testing.

Public defender may act as attorney for noncitizens in limited circumstances

March
2022
Illinois Law Update
, Page 18
The Illinois General Assembly enacted Public Act 102-0410, which provides that in counties with populations greater than 3 million, the public defender may represent noncitizens in immigration cases.

Racial disproportionality of children and parents involved in the child welfare system to be examined

January
2022
Illinois Law Update
, Page 16
The Racial Disproportionality in Child Welfare Task Force Act is enacted to examine the racial disparities of children and families in the child welfare system and to identify practices that could reduce such racial disproportionality.

Ready to Lead?

By Rory T. Weiler
January
2022
Column
, Page 10
Nominate Yourself for an ISBA Committee or Section Council

Responding to Microaggression

February
2022
Column
, Page 8
A reader takes issue with an attorney’s response to colleague.
1 comment (Most recent May 16, 2022)

Restorative Justice Privilege

By Hon. Stuart Katz (ret.) & Patrick Keenan-Devlin
February
2022
Article
, Page 36
The applicability of a new law establishing an evidentiary privilege between participants involved in a restorative justice practice.

Revenue generated from firearm and ammunition tax does not survive constitutional uniformity challenge

January
2022
Illinois Law Update
, Page 16
On Oct. 21, 2021, the Illinois Supreme Court held that where a tax classification directly bears on a fundamental right, the government must substantially relate the tax classification to the object of the legislation.

The right to be physically present in termination of parental rights proceedings is not absolute

January
2022
Illinois Law Update
, Page 16
On Oct. 15, 2021, the First District of the Illinois Appellate Court affirmed a trial court’s decision terminating parental rights after proceedings were conducted almost exclusively via Zoom.

School districts and community colleges shall ensure that students with disabilities have access to dual-credit courses

January
2022
Illinois Law Update
, Page 16
The Dual Credit Quality Act is amended to require each community college district, in partnership with area high schools, to ensure students with disabilities have access to dual-credit courses and relevant supplementary aids if they meet the entry criteria.

Secure Choice Savings Program now covers employers with five or more employees

May
2022
Illinois Law Update
, Page 14
The Office of the Treasurer amended the Secure Choice Savings Program. Eligibility for the program is expanded to cover employees who are 18 years or older and work for an employer with at least five employees.

Some Facts About Writing the Facts

By Justice Michael B. Hyman
May
2022
Column
, Page 44
When writing, get the facts right.

Spring Has Sprung!

By Anna P. Krolikowska
April
2022
Column
, Page 8
And with it, comes the welcomed return of a few in-person ISBA events.

Staying Ahead of the Curve

By Pete Sherman
April
2022
LawPulse
, Page 10
The ISBA’s new strategic plan lays the groundwork for richer membership experiences, more communication, and greater diversity.

Strict Compliance Means Strict Compliance

By Amelia Buragas
April
2022
LawPulse
, Page 10
Illinois Supreme Court settles how to follow one of its rules to the letter.

Substantial probability to reoffend incorporated into the definition of a sexually dangerous person

February
2022
Illinois Law Update
, Page 14
On Nov. 18, 2021, the Illinois Supreme Court held that if an individual is found to be a sexually dangerous person under the Sexually Dangerous Persons Act (Act), it is not necessary to make a separate and express finding that the individual is substantially probable to reoffend.

Successive postjudgment motions do not toll time for notice of appeal

May
2022
Illinois Law Update
, Page 14
On Feb. 4, 2022, the First District of the Illinois Appellate Court held that successive postjudgment motions do not toll time for filing a notice of appeal.

A Supreme Site

By Jesse Bowman
March
2022
Column
, Page 48
A quick cheat sheet for accessing some of the U.S. Supreme Court website’s more helpful resources.

Test the Waters Doctrine Sinks

By Dustin J. Karrison
May
2022
Article
, Page 26
The Illinois Supreme Court abolishes the “test the waters” doctrine.

They Spy With Their One-Pixel Eye

By Jeffrey R. Schoenberger
January
2022
Column
, Page 44
Fighting back against tracking pixels, a new insidiously clever email tool used by spammers and scammers.

To Esq. or Not to Esq.?

By Karen Erger
February
2022
Column
, Page 42
The origins of the word “esquire” and whether and how attorneys should use the title today.
1 comment (Most recent February 1, 2022)

To Represent or Not to Represent?

By Charles J. Northrup
April
2022
Column
, Page 48
Use discretion when deciding to represent a client. Sometimes, it’s not really your choice.

Trauma-informed practice training required for Illinois school board members

April
2022
Illinois Law Update
, Page 14
The Illinois General Assembly amended the School Code to reflect updated leadership training requirements for Illinois school board members. Beginning in the 2023-2024 school year, trauma-informed practice training for students and staff will be required.