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Illinois Supreme Court

The Illinois Supreme Court announced Wednesday that Charles William Smith has been appointed as a Circuit Judge of the 19th Circuit, 1st Subcircuit. This appointment is effective Feb. 22, 2016 and terminates on Dec. 2018. This opening was the result of the retirement of the Hon. George Bridges.

The Illinois Supreme Court has announced the creation of a judicial college to provide comprehensive and multidisciplinary educational programs and professional development training to the state's judges and Judicial Branch employees.

Under the authority and governance of the Supreme Court, the Illinois Judicial College will consist of a seven-member Board of Trustees and six standing Committees. The formation of the Judicial College will take effect January 1, 2016.

Chief Justice Rita B. Garman of the Supreme Court of Illinois has begun an application process for an At-Large Circuit Court vacancy in the Eighth Judicial Circuit.

The vacancy is created by the resignation of Judge William O. Mays, Jr., effective January 15, 2016. Judge Mays has been an At-Large Circuit Judge in the Eighth Judicial Circuit since 2006.

Under the Illinois Constitution, judicial vacancies are filled by Supreme Court appointment. The application process will lead to the final Court approval. Applicants will undergo an evaluation and screening process.

Notice of the vacancy has been posted in the courthouses throughout the Circuit. The application form and instructions may be obtained by visiting the Illinois Supreme Court's website at www.illinoiscourts.gov and following the instructions in the "Latest News" scroller announcing the Eighth Judicial Circuit vacancy.

Michael J. Tardy, Director of the Administrative Office of the Illinois Courts, announced today that the 10th Judicial Circuit judges voted to select Suzanne L. Patton as an associate judge of the 10th Judicial Circuit.

Ms. Patton received her undergraduate degree in 1996 from Illinois State University in Normal and her Juris Doctor in 1999 from Southern Illinois University in Carbondale. Ms. Patton is currently affiliated with the Peoria County State's Attorney's Office in Peoria.

The Illinois Supreme Court has announced the creation of uniform standards and a certification and application process for problem-solving courts across the state.

Statewide standards will bring uniformity, accountability, and administrative oversight to problem-solving courts in Illinois, where there are already more than 100 in operation and more in the planning stages.

For the first time in nearly a century, the fees to obtain an Illinois law license and to certify documents will increase next year.

The Illinois Supreme Court approved these fee increases and other amendments to Rule 313 during its November Term. The increases will take effect July 1, 2016.

Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil cases 1010 Lake Shore Association v. Deutsche Bank National Trust Company and DG Enterprises v. Cornelius. and the criminal cases People v. Carter, People v. Schweihs, People v. Thompson and People v. Espinoza.

CIVIL

1010 Lake Shore Association v. Deutsche Bank National Trust Company

By Karen Kies DeGrand, Donohue Brown Mathewson & Smyth LLC

A condominium association won summary judgment in a lawsuit it brought against a bank in a fight over whether the bank had extinguished the association’s lien rights following purchase of the unit at a judicial foreclosure sale. Interpreting two statutes, section 9(g)(3) of the Condominium Property Act and section 15-1509(c) of the Mortgage Foreclosure Law, the Illinois Supreme Court determined that a lien for unpaid assessments by a previous owner is not fully extinguished at a judicial foreclosure and sale unless the new owner “confirms the extinguishment” of the lien by paying assessments incurred after the sale. The lien is statutorily created upon a unit owner’s failure to pay common expenses when due. Even assuming that the condominium association was included as a party to the prior foreclosure action, the bank still was required to take the additional step to confirm the extinguishment by paying post sale assessments.  

The Illinois Supreme Court has adopted a new rule to protect against identity theft and the disclosure of personal information in cases before the state's reviewing courts.

During its November Term, the Supreme Court approved Rule 364. It will take effect July 1, 2016, and affect all documents and exhibits filed by paper or electronically in criminal and civil cases before the Illinois Appellate and Supreme courts.

Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil cases Christopher B. Burke Engineering, Ltd., v. Heritage Bank of Central Illinois and In re A.A. and the criminal cases People v. Wiliams, People v. Guzman and People v. Castleberry.

CIVIL

Christopher B. Burke Engineering, Ltd v. Heritage Bank of Central Illinois

By Karen Kies DeGrand, Donohue Brown Mathewson & Smith LLC

The Illinois Supreme Court on Thursday announced changes to a rule that will require attorneys to go online to report their compliance with Mandatory Continuing Legal Education (MCLE) requirements.

Under Amended Supreme Court Rule 796, the agency that oversees the Court's MCLE program will also be able to send notices electronically. The amended rule takes effect February 1, 2016.

The changes mark the latest example of the Court's ongoing efforts to utilize technology to make the judicial process and legal profession more efficient.