Public hearing on proposed new or amended Illinois Supreme Court rules set for Jan. 23
The Rules Committee of the Illinois Supreme Court will hear comments at a public hearing on Monday Jan. 23 on several proposals, including a requirement for a uniform mandatory disclosure statement in family law cases.
Other proposed rules deal with plea discussions and agreements in which a judge participates; a new rule of evidence covering the inadvertent waiver of the attorney-client or work product privilege; and pro-posed amendments to rules 214 and 216 dealing with discovery.
The hearing will begin at 10 a.m. at 160 N. LaSalle Street, Room C-500.
The full text of the eight proposed rules and amendments are posted on the Supreme Court website at: http://state.il.us/court/SupremeCourt/Public_Hearings/Rules/default.asp. Those seeking to submit written comments on the proposals may send them to Marcia M. Meis, chief legal counsel for the Administrative Office of the Illinois Courts, at mmeis@court.state.il.us. Those wishing to testify at the public hearing may also contact Ms. Meis.
One of the proposals would create a new Supreme Court Rule that would require parties seeking division of marital assets in contested dissolution of marriages and civil unions to complete a detailed "Disclosure Statement" form to ensure uniformity of information disclosed in family law cases statewide. This statement and form would also be required in contested child custody cases.
The proposed rule would also require parties to submit copies of a person's last three calendar years of filed federal and state individual, partnership, and corporate income tax returns; recent pay stubs; records of any additional income not reflected on the pay stub; and a current statement of all assets. Persons seeking a Joint Simplified Dissolution do not have to submit such documentation. In addition, parties would be allowed to "opt out" of the requirements by written agreement and with permission of the court.
A proposed amendment to Rule 402(d)(1) would allow a trial judge, upon request by the defendant, to participate in plea discussions with several admonishments and stipulations that the defendant must understand and agree to. Among these, the trial court shall inquire as to defendant's understanding that the State's Attorney will be present and that the judge might be told information about which he or she would not have learned unless it was revealed if and when the case proceeded to trial.
The trial judge would make a recommendation as to an appropriate sentence at the end of the conference. If the defendant rejected the recommended sentence and the case went to trial, the defendant waives the right to request a substitution of judge based upon the judge's knowledge of the case.
Other proposed rules for comment at the hearing include Rules 214, 216, 502, 604, 651 and 431.
Chief Justice Thomas L. Kilbride is the Supreme Court liaison to the Rules Committee. Attorney John B. Simon of Chicago is chair of the Rules Committee.
No proposal would take effect unless it is specifically approved by the Illinois Supreme Court. Notice of the hearing was posted on the Supreme Court's website in November 2011.