2015 Articles

The ambiguity of intent in the tort of battery By Michael Anderson July 2015 The author discusses the two main theories of intent recognized across jurisdictions, explains what is at stake in choosing one over the other, outlines Illinois’ law regarding the matter, looks into whether the new Restatement (Third) of Torts provides any clarity on what “intent” requires, describes how other jurisdictions have interpreted the Restatement, and shows how this problem may best be solved.

BOOK REVIEW: The Littlest Wetback: From Undocumented Child to United States Federal Judge by Manuel Barbosa (State Street Press, Elgin, IL, 2014) By Susan M. Brazas January 2015 The title of this newly published book may have caught your attention. The author expected that it would.

A cautionary tale in criminal cases By Hon. Celia G. Gamrath October 2015 The rulings in Seal and Ames demonstrate the Appellate Court is willing to reverse a conviction where the defendant is not given Rule 401(a) admonishments at the time he waives counsel.

Chair’s column By Hon. Jeanne Reynolds December 2015 A message from the Bench & Bar Section Chair, Judge Jeanne Reynolds.

Chair’s column By Hon. Jeanne M. Reynolds July 2015 A message from the incoming Section Chair.

The concept of “inherent power” does not divest a circuit court of its jurisdiction By George S. Bellas & Misty J. Cygan May 2015 In LVNV Funding, LLC v. Matthew Trice, the Illinois Supreme Court held that LVNV’s failure to register as a collection agency under the Collection Agency Act did not deprive the circuit court of jurisdiction.

Court erred in admitting text messages By Michael R. Lied September 2015 Lawyers who want to introduce text messages into evidence must be careful to lay the necessary foundation.

Critical changes in child-related domestic relations law By Hon. Michael Ian Bender, (Ret.) December 2015 On January 1, 2016, multiple legislative amendments to the Illinois Marriage and Dissolution of Marriage Act take effect. This article examines several critical changes in light of courtroom and litigation practice.

From writing fiction to fact—A profile of Justice David Ellis By Hon. Alfred M. Swanson, Jr. (Ret.) March 2015 Learn more about this dynamic author and Justice on the Appellate Court.

The future or a folly? Limited license legal technicians By Jayne R. Reardon October 2015 In Washington State, a new category of paraprofessionals, called “limited license legal technicians,” will soon enter the market, providing limited legal services to clients in the area of family law.

Illinois Evidence Rule 406 and the admissibility of habit evidence for the individual plaintiff or defendant By Nicholas T. Motherway March 2015 Can the prior acts of an individual rise to the level of being a habit and be introduced as evidence under Illinois Evidence Rule 406?

Illinois Supreme Court announces two changes to Extended Media Coverage Policy By Joseph R. Tybor & Hon. Alfred M. Swanson, Jr. (Ret.) April 2015 Click here to learn more about the new significant changes.

Illinois Supreme Court raises filing fees for reviewing courts in Illinois By Joseph R. Tybor & Hon. Alfred M. Swanson, Jr. (Ret.) January 2015 On January 1, 2015, filing fees for reviewing courts in Illinois doubled. This is the first increase in filing fees since 1957.

The importance of knowing and following the rules By Nigel Smith April 2015 A recent Virginia Supreme Court decision illustrates the danger of not paying the entire filing fee for a civil complaint, and then mailing the missing $2, only to have the check arrive at the court clerk’s office beyond the statute of limitations date, causing a $2.5 million personal injury suit to be dismissed.

The importance of standard of review in deciding to appeal By Michele M. Jochner May 2015 Because the standard of review determines the level of deference the reviewing court will afford to the judgment of the lower court, understanding what standard applies is critical, because it can impact not only your decision as to whether to pursue an appeal in the first instance, but also the selection of the issues you will raise in the appeal.

Impressions from the Bench: Litigating with pro se parties By Hon. Alison Conlon October 2015 Advice for judges faced with cases involving pro se litigants.

Jorge Ortiz – New Lake County Chief Judge By Hon. Alfred M. Swanson, Jr., (Ret.) December 2015 Judge Ortiz is passionate about being a judge and part of the judicial system.

Joseph Tybor, 1947-2015 By Hon. Alfred M. Swanson, Jr., (Ret.) December 2015 Remembering Joe Tybor's contributions to the Illinois Supreme Court and the Illinois judiciary in his 17 years as Director of Communications for the Court.

Judge James Holderman retires By Hon. Alfred M. Swanson, Jr. (Ret.) May 2015 Now, 30-years and one month after his swearing in, Judge Holderman is retiring as a Judge, but not retiring from the legal profession. He is joining one of the mediation and arbitration services where he hopes to continue helping people resolve their disputes.

Judge Paul Biebel shaped criminal court By Hon. Alfred M. Swanson, Jr. (Ret.) July 2015 Judge Paul P. Biebel, Jr. retired on July 6, 2015, after 19 years on the Circuit Court of Cook County. He spent 14 of those years as Presiding Judge of the Criminal Court.

2 comments (Most recent July 16, 2015)

Judicial candidates still cannot solicit campaign contributions By Hon. Alfred M. Swanson, Jr. (Ret.) May 2015 The bottom line for judges and judicial candidates in Illinois remains: they may not personally solicit contributions to fund their campaigns. Rather, they must continue to rely upon committees to do the money begging for them.

Observations of an old country lawyer…. or, cows and dogs sleeping together…. By Edward T. Graham March 2015 A discussion of current "dog-bite" and "cow-in-the-road" statutes and caselaw.

Pennsylvania judge takes a bold stand against unprofessional conduct By David W. Inlander & Ronald D. Menna, Jr. September 2015 Recently Judge Paul Panepinto, presiding over a Philadelphia, Pennsylvania, medical malpractice action, imposed a sanction of almost $1 million upon an attorney due to her expert witness’ violation of an agreed order in limine. Could such a sanction be imposed in Illinois to promote attorney professionalism?

A person with a disability is not a disabled person By Hon. Michael B. Hyman & Brian O’Donnell September 2015 A Q and A between Appellate Justice Michael B. Hyman and Brian O'Donnell, a second-year student at IIT CHicago-Kent College of Law.

Prisoner litigation in Illinois: A fine balance—Can the courts respect a prisoner’s right to sue while maintaining judicial efficiency? By Sabena Auyeung October 2015 Though Illinois has enacted the Frivolous Lawsuits Filed by Prisoners Act of 2008 to safeguard the court system against frivolous filings by inmates, its application and its effect remains undocumented, and one cannot determine with certainty that the Act has not prevented inmates from exercising their right to file a meritorious claim with the court system.

Recent appointments and retirements December 2015 Recent changes to Illinois' Judiciary.

Recent appointments and retirements October 2015 Changes in Illinois' Judiciary.

Recent appointments and retirements September 2015 Recent changes to Illinois' Judiciary.

Recent appointments and retirements July 2015 Recent changes to Illinois' Judiciary.

Recent Appointments and Retirements May 2015 Recent changes to Illinois' Judiciary.