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Illinois Supreme Court

Our panel of leading appellate attorneys review Thursday's top Illinois Supreme Court Civil opinions in Kakos v. Butler, Bayer v. Panduit Corp., Moon v. Rhode, and J&J Ventures Gaming, LLC v. Wild, Inc.

Kakos v. Butler

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

In Kakos v. Butler, the court unanimously affirmed Judge Gomolinski’s judgment in the circuit court that the 6-person jury regime established by Public Act 98-1132 is facially unconstitutional.  Chief Justice Garman wrote for the court.

Our panel of leading appellate attorneys review Thursday's top Illinois Supreme Court Criminal opinions in People v. Hood, People v. Cherry, People v. Reyes, and People v. Valdez.

People v. Hood

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

Terry Hood was charged with attempt murder, home invasion, and aggravated battery of a senior citizen against Robert Bishop, Jr.  Prior to trial, the State sought to take Bishop’s evidence deposition due to health concerns. Present at the deposition were Assistant State’s Attorneys and defendant’s attorneys; defendant did not attend.  Subsequently, the evidence deposition was admitted at defendant’s trial upon a finding that Bishop could not testify.

Chief Justice-Elect Lloyd A. Karmeier
Chief Justice-Elect Lloyd A. Karmeier
The Illinois Supreme Court announced today that Justice Lloyd A. Karmeier will be its next Chief Justice. Justice Karmeier was unanimously elected to the office by his fellow justices and will serve a three-year term commencing October 26, 2016. He succeeds Rita B. Garman, whose tenure as Chief Justice ends October 25, 2016. An installation ceremony honoring Justice Karmeier’s election as Chief Justice will be held at
the Supreme Court Building in Springfield on Monday, October 31. Justice Garman will
administer the oath of office.

Justice Karmeier will be this State’s 120th Chief Justice and the second person from Washington County to hold that office. Justice Byron O. House, for whom Justice Karmeier served as a law clerk, was the first.

“I appreciate the confidence shown by the other members of the court in electing me to this position,” said Justice Karmeier. “Since joining the court in 2004, I have had the privilege of serving under five different chief justices, all of whom have done an outstanding job. I will do my very best to live up to the high standard they have set.”

The Illinois Supreme Court has adopted six new rules to establish a regulatory framework for a new state law that decriminalizes the possession of small amounts of cannabis and drug paraphernalia.

Supreme Court Rules 585, 586, 587, 588, 589 and 590 were created in response to legislation the Illinois General Assembly approved this past spring and Gov. Bruce Rauner signed into law last month. Public Act 99-697 took effect July 29, 2016, and the new Supreme Court Rules take effect September 1, 2016.

Illinois Supreme Court Chief Justice Rita B. Garman announced today the formation of a judicial screening committee for the Sixth 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 At-Large Judge of the Circuit Court for the Sixth Judicial Circuit created by the upcoming retirement of Judge Harry E. Clem on September 15, 2016. Under the Illinois Constitution, the vacancy will be filled by Supreme Court appointment.

Illinois Supreme Court Justice Thomas L. Kilbride is seeking public comment on five attorneys who have applied to fill a resident Circuit Court vacancy in Fulton County in the Ninth Judicial Circuit.

The vacancy will be created upon Circuit Judge William C. Davis' retirement, effective September 5, 2016. Under the Illinois Constitution, judicial vacancies are filled by Supreme Court appointment. Justice Kilbride uses an extensive application, evaluation and interview process to make recommendations to the full Court for judicial vacancies in the Third Judicial District.

The five attorneys who have applied to fill the vacancy are Bruce C. Beal of Cuba, Jeremy A. Beard of Dunlap, Curtis S. Lane of Canton, Jeff L. Neigel of Canton, and Hugh F. Toner III of Peoria.

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 Sixth Judicial Circuit.

The vacancy will be created by the retirement of Judge Harry E. Clem on September 15, 2016. Judge Clem has been a judge since 1979.

Our panel of leading appellate attorneys review Friday's Illinois Supreme Court opinions in the Civil case Hampton v. Metropolitan Water Reclamation District and the criminal case People v. Geiler.

CIVIL

Hampton v. Metropolitan Water Reclamation District

By Karen Kies DeGrand, Donohue Brown Mathewson & Smyth LLC

Our panel of leading appellate attorneys review Thursday's top Illinois Supreme Court opinions in the Civil case Moline School District No. 40 Board of Education v. Quinn and the criminal cases People v. McFadden and People v. Rizzo.

CIVIL

Moline School District v. Quinn

By Joanne R. Driscoll, Forde Law Offices LLP

Does legislation (Public Act 97-1161) creating a property tax exemption for one lessee of one metropolitan airport authority violate the special legislation clause of the Illinois Constitution (Ill. Const. 1970, art. IV, § 13)?  Affirming the appellate court, the Illinois Supreme Court held that it does. 

The Illinois Supreme Court Rules Committee will hear comments July 8 at a public hearing in Chicago on three proposals, including one calling for the creation of a Supreme Court rule to govern the use of restraints on minors during court proceedings.

The Committee will also consider proposed changes to Supreme Court rules involving proof of service and the record on appeal.