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Illinois Supreme Court

Our panel of leading appellate attorneys review Friday's top Illinois Supreme Court Criminal opinions in People v. Cummings, People v. Tolbert, People v. Chambers, People v. Sanders, People. v. Williams, People v. Lerma, People v. Thompson and People v. Salem.

People v. Cummings

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

Derrick Cummings was driving a van registered to Pearlene Chattic when an officer initiated a traffic stop because Chattic was the subject of an arrest warrant. The officer could not see the driver before initiating the stop. Upon approaching, he saw Cummings was a man and thus, clearly, was not Chattic. The officer asked Cummings for his license, and defendant responded he did not have one. Cummings was then cited for driving while license suspended.

The circuit court granted suppression, and the appellate court affirmed. Initially, the Illinois Supreme Court followed suit. On remand from the United States Supreme Court to reconsider its earlier opinion in light of Rodriguez v. U.S., 135 S. Ct. 1609, however, the Court reversed.

The Supreme Court of Illinois announced the filing of lawyer disciplinary orders on January 21, 2016, during the January Term of Court. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law.

DISBARRED

  • David Andre Bertha, Chicago

Mr. Bertha, who was licensed in 2002, was disbarred and he is required to pay certain restitution as a condition of any reinstatement. He converted over $13,000 in client escrow funds, neglected client matters entrusted to him, made scurrilous accusations and threats against judges, lawyers and others, and tendered a false court order and bank statement to a client.

  • Anthony Campanale, Chicago

Mr. Campanale, who was licensed in 1980, was disbarred on consent. He pled guilty to a federal charge of mail fraud affecting a financial institution. In his plea, he admitted to participating in a scheme to defraud lenders and their successors and to obtain money and property from lenders by means of materially false and fraudulent representations.

  • Robert Kenneth Lock, Jr., Chicago

Mr. Lock, who was licensed in 1989, was disbarred on consent. While suspended from the practice of law in a prior disciplinary matter, he engaged in the unauthorized practice of law in a foreclosure matter and misled his client and other attorneys about his handling of that matter.

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.