Illinois Supreme Court

Chief Justice Rita B. Garman and the Illinois Supreme Court on Tuesday announced amendments to a rule that will help lawyers properly dispose of unidentified funds in their trust accounts and generate revenue to support legal aid in the process. The changes to Rule 1.15 of the Illinois Rules of Professional Conduct, which regulates the safe-keeping of client property, creates a mechanism for lawyers to remove unidentified fund balances from their Interest on Lawyers Trust (IOLTA) Accounts. The amended rule takes effect July 1, 2015. A copy of the changes can be found at http://www.state.il.us/court/SupremeCourt/Rules/Art_VIII/ArtVIII_NEW.htm#1.15.

Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil cases Brunton v. Kruger, Cowper v. Nyberg, Skaperdas v. Country Casualty Ins. Co. and Harris v. One Hope United, Inc and provide short summaries for In People ex rel. Madigan v. J. T. Einoder, Inc., McCormick v. Robertson and In re Parentage of Scarlett Z.-D.

CIVIL

Brunton v. Kruger

By Alyssa M. Reiter, Williams, Montgomery & John Ltd.

Chief Justice Rita B. Garman and the Illinois Supreme Court have scheduled a special evening session of oral argument on Tuesday, March 17, and have invited Gov. Bruce Rauner and the entire Illinois legislature to observe the Court in session. It is uncertain when an evening session was last held in the Illinois Supreme Court Building, but it is believed to have been more than a century ago.

The Court will hear oral arguments in a case involving an amendment passed by the legislature to the Illinois Juvenile Court Act. A portion of the amendment was ruled unconstitutional by a Circuit Court and the case is on direct appeal to the Supreme Court.

Chief Justice Garman explained that the special evening session is an opportunity for members of the General Assembly to observe first-hand the interaction of the functions of the three branches of government and the operation of the checks and balances essential to our system.

"The case involves an amendment that was debated and passed by the legislature, signed by the Governor, applied by the State in an individual case, challenged by a defendant, and declared unconstitutional by the Circuit Court," said Chief Justice Garman. "It affords a window into how our constitutional system operates and the balance among the executive, legislative, and judicial branches."

The Illinois Supreme Court has announced dates for oral arguments for the March Term of Court, including the case of In re Pension Reform Litigation (Doris Heaton, et al. appellees v. Pat Quinn, Governor of Illinois, et al., appellants).

The Supreme Court will hear arguments for that case beginning at 2:30 p.m. on Wednesday, March 11, 2015 in the Supreme Court Courtroom in Springfield. Advanced Digital Media/Blueroomstream will live internet stream and serve as the pool camera for the oral argument.