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Illinois Supreme Court

The Illinois Supreme Court announced rule amendments today that make Illinois the first state to adopt so-called “proactive management-based regulation” (PMBR), a system designed to prevent ethical missteps by requiring lawyers without malpractice insurance to review their operations. For the text of the changes, see Amended Rule 756(e).  

Beginning in 2018, Illinois attorneys in private practice who do not have malpractice insurance must complete a four-hour interactive, online self-assessment regarding the operation of their law firm. This self-assessment will require lawyers to demonstrate that they have reviewed the operations of their firm based upon both lawyer ethics rules and best business practices. The program will be administered by the ARDC.

Following a lawyer’s self-assessment, the ARDC will provide him or her with a list of resources to address issues identified during the self-assessment process, according to a supreme court press release. All information gathered in a lawyer’s online self-assessment is confidential, although the ARDC may report data in the aggregate.

Lawyers who do not maintain malpractice insurance are required to complete a self-assessment every two years. Other lawyers are encouraged to self-assess. Lawyers who participate in the PMBR self-assessment will earn free MCLE credits.

Our panel of leading appellate attorneys reviews the Illinois Supreme Court opinions handed down Friday, January 20. The cases are The Hertz Corporation v. City of Chicago, Board of Education of Springfield School Dist. No. 186 v. Attorney General of Illinois, Village of Bartonville v. Lopez, and People v. Johnson.

CIVIL

The Hertz Corporation v. City of Chicago

By Michael T. Reagan, Law Offices of Michael T. Reagan

The Supreme Court of Illinois announced the filing of lawyer disciplinary orders on January 13, 2017, during the January Term of Court. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law.

DISBARRED

  • Sean Patrick Fleming, Barrington

Mr. Fleming, who was licensed in 2007, was disbarred. He neglected ten different bankruptcy matters, misappropriated over $3,000 in filing fees, made misrepresentations to his clients about the status of their legal matters, and failed to return unearned fees.

Our panel of leading appellate attorneys reviews the Illinois Supreme Court opinions handed down Friday, December 30. The cases are Bremer v. The City of Rockford, Johnson v. Ames, People v. Price, and People v. Smith.

CIVIL

Bremer v. The City of Rockford

By Michael T. Reagan, Law Offices of Michael T. Reagan

In three cases since 2003, the Supreme Court has construed the phrase “catastrophic injury” in the Public Safety Benefits Act (820 ILCS 320/10(a)) to be synonymous with an injury resulting in a line-of-duty disability pension under section 4-110 of the Pension Code (40 ILCS 5/4-110). The controlling issue in this case is whether that phrase is also synonymous with an injury resulting in an occupational disease disability pension under section 4-110.1 of the Pension Code. The court, with Justice Thomas writing, unanimously held that the legislature did not intend for that phrase to be synonymous with a disease  which resulted in the award of an occupational disease disability pension. The court stated that its prior cases were based on references in the legislative history to only the “line-of-duty” disability provision, and that nothing in the legislative history  indicated an intent to expand the definition of “catastrophic injury.”

Justice Rita B. Garman of the Supreme Court of Illinois has begun an application process for a Resident Circuit Court vacancy in the Sixth Judicial Circuit.

The vacancy will be created by the retirement of Chief Judge Dan L. Flannell on January 13, 2017. Judge Flannell has been a Resident Circuit Judge since 1988.

Our panel of leading appellate attorneys review Thursdays's Illinois Supreme Court opinions in the criminal case People v. McDonald and the civil cases Schweihs v. Chase Home Finance, LLC and In re M.I. 

CRIMINAL

People v. McDonald

By Kerry J. Bryson, Office of the State Appellate Defender

Defendant Stanley McDonald stabbed his partner, Larry Gladney, resulting in Gladney’s death.  A paramedic who had responded to the scene testified that Gladney was very combative as they tried to treat him.  Gladney smelled of alcohol and had needle track marks indicative of drug use.  Later testing showed a BAC of .19 and cocaine in Gladney’s system.  Gladney died two days later, with the cause being a stroke resulting from a stab wound to his right cheek which had damaged his carotid artery and caused a blood clot.

Justice Thomas L. Kilbride and the Illinois Supreme Court have announced the appointment of Trish Joyce as a Resident Circuit Judge in Whiteside County in the Fourteenth Judicial Circuit.

Ms. Joyce was appointed to fill the vacancy created by the retirement of the Hon. John L. Hauptman on December 5, 2016. Her appointment is effective December 21, 2016, and will conclude on December 3, 2018, when the position will be filled by the 2018 General Election.

Justice Kilbride recommended Ms. Joyce's appointment to the Supreme Court after an extensive application, evaluation and interview process that included the formation of a special judicial screening committee.

Justice Mary Jane Theis and the Illinois Supreme Court have announced the appointment of Patrick T. Stanton as a Cook County Circuit Judge in the 3rd Subcircuit.

Mr. Stanton was appointed to fill the vacancy created by the retirement of Judge Maureen Delehanty.

The appointment takes effect Jan. 1, 2017 and will conclude on Dec. 3, 2018, when the position will be filled by the 2018 General Election.

Illinois Supreme Court Justice Rita B. Garman announced today the formation of a judicial screening committee for the Fifth Judicial Circuit.

The screening committee was formed for the purpose of assessing the qualifications of those persons who have applied for appointment to the Office of Judge of the Circuit Court for the Fifth Judicial Circuit created by the resignation of Judge Claudia Anderson on November 30, 2016. Under the Illinois Constitution, the vacancy will be filled by Supreme Court appointment.

Michael J. Tardy, Director of the Administrative Office of the Illinois Courts, announced today that the Fourth Judicial Circuit judges voted to select Amanda S. Ade-Harlow as associate judge of the Fourth Judicial Circuit.

Ms. Ade-Harlow received her undergraduate degree in 2001 from the University of Illinois-Springfield in Springfield, Illinois and her Juris Doctor in 2003 from Thomas M. Cooley Law School in Lansing, Michigan. Ms. Ade-Harlow is currently affiliated with the Shelby County Public Defender's Office in Shelbyville, Illinois.