Illinois judicial news
From Judgepedia
News about or affecting the judiciary in Illinois.
Illinois Supreme Court rules against hospital
Illinois: The Illinois Supreme Court ruled on Thursday, March 18, that the Provena Covenant Medical Center, a hospital in Urbana, does not qualify for a property tax exemption. This decision ends a 5-year long struggle by the hospital to regain its tax exempt status, however, the Supreme Court ruled that it does not provide enough charitable services to earn that status. The court's decision, so far, only affects the Provena run hospital that had its tax exemption revoked by the Illinois Department of Revenue in 2004, however, other hospitals nationwide are concerned for their futures.[1]
Illinois Supreme Court affirms new sobriety test
Illinois The Illinois Supreme Court has issued an opinion upholding the validity of a field sobriety test used by the police to identify whether or not suspects have been driving while intoxicated. Known as the horizontal gaze nystagmus test, police officials say that this will improve police efforts to test for and substantiate DUI charges. The court recognizes scientific findings saying that it is an acceptable test for evidence of alcohol related impairment.[1]
New federal judiciary nominations
Colorado & Illinois: President Obama has made two new nominations to the U.S. Courts of Appeal and three new nominations for U.S. District Courts.
Berkeley School of Law Professor of Law Goodwin Liu is nominated to the United States Court of Appeals for the Ninth Circuit and federal judge for the District of Connecticut Robert Chatigny is nominated for the Second Circuit. He said of the candidates, "Goodwin Liu and Robert Chatigny have proven themselves to be not only first-rate legal minds but faithful public servants. It is with full confidence in their ability, integrity, and independence that I nominate them to the bench of the United States Court of Appeals." [1]
Obama made two nominations for the United States District Court for the Northern District of Illinois: Illinois appellate judge Sharon Coleman and attorney Gary Feinerman. William J. Martinez is the nominee for the United States District Court for the District of Colorado. He said, "Throughout their long and impressive legal careers, Sharon Coleman, Gary Feinerman, and Bill Martínez have distinguished themselves as some of our nation’s best and brightest. I am honored to nominate them for the District Court Bench, and am confident they will approach the job with the utmost integrity and impartiality." [2]
Study says women under-represented in nine state court systems
A study released by the National Institute on Money in State Politics in January 2010 concluded that "women and members of ethnic or racial minorities are underrepresented in a majority of state courts across the nation."[1]
The study took a look at the electoral fates of state-level candidates for judicial positions in 35 states, with a very focused look in 9 states (Alabama, Georgia, Illinois, New Mexico, North Carolina, Ohio, Pennsylvania, Washington and Wisconsin) with a view to discovering whether their odds of winning office correlated with their:
- Ability to raise money
- Ethnicity, race or gender.[1]
Of the 154 candidates scrutinized in the study:
- 12% of the 154 state candidates were members of an ethnic or racial minority.
- 35% of the 154 candidates were women.[1]
Illinois appeals court overturns dropped gun charges
Illinois: The Illinois Third District Appellate Court has overturned a ruling by Richard Schoenstedt, of the Will County Circuit Court, that had resulted in the dropping of illegal-gun charges against Drew Peterson. Peterson's attorney had requested access to prosecution documents in their attempt to prove that the gun charge was both vindictive and selective. The Will County's attorney refused access, Schoenstedt dropped the charges. The Appellate Court has ruled, however, that there is no case law which allows pretrial access to documents based on selective or vindictive prosecution claims and, therefore, Schoenstedt's ruling was a mistake and has been reversed.[1]
Illinois court approves lidar detectors
Illinois: The Cook County Traffic Court has decided a recent ruling by the Illinois Appellate Court on lidar detectors will apply there as well. The Cook County court had previously been throwing out cases involving lidar speeding tickets on the grounds that had not been subjected to a Frye hearing in order to prove whether or not they were scientifically reliable. On Wednesday, February 10, however, it was decided that the Appellate Court's ruling was evidence enough.[1]
Ruling reversed in case invloving triple murder
Illinois: The 5th Illinois District Appellate Court has reversed a ruling made by Judge Milton S. Wharton, of the St. Clair County Circuit Court, that barred statements made by a suspect to police after having waived his Miranda Rights. The suspect, Darrell "Rell" Lane, apparently "has an IQ of 63, reads at a second-grade level and functions intellectually as a 10-year-old" did not understand what he was doing when he waived his rights, said Wharton. The Appellate Court, however, after an appeal by the prosecution, has declared that Lane may not have known whether he was under arrest, but did know that he was waiving his rights.[1]
Illinois Supreme Court rules malpractice caps unconstitutional
Former Illinois Governor re-indicted in federal court
Illinois: Former Illinois Governor Rod Blagjoveich was re-indicted on February 4, 2010 by a federal grand jury on eight new charges[1].
Blagojevich is charged with the attempted extortion of former Congressman Rahm Emanuel, racketeering, bribery, conspiracy to commit bribery, and conspiracy to commit extortion tied to choosing a U.S. Senator[1].
No date has been set for a plea hearing on the new charges[1]. Blagojevich's trial is expected to begin in June of 2010[1].
- CLICK HERE to look at the 113 page indictment courtesy of the Chicago Sun-Times[1].
Illinois court declares malpractice caps unconstitutional
Illinois: The Illinois Supreme Court delivered a ruling on Thursday, February 4, that has made caps on jury awards for malpractice suits unconstitutional. The decision effectively removes a 2005 law that capped non-economic damages at $500,000 for physicians and $1 million for hospitals. The court found the law unconstitutional in that it violates the "separation of powers" because legislators interfered with the right of juries to determine fair damages.[1]
Illinois court places candidate back on ballot
Illinois: The Illinois Supreme Court overturn two lower courts rulings by returning republican candidate Cynthia Hebda to the primary ballot for 59th district seat in the State's House of Representatives. Hebda was removed form the ballot after signing a petition to place Carole Sente on the Democratic primary ballot.[1]
Federal judge from Illinois to assume senior status
Peoria, Illinois: Federal judge Joe Billy McDade of the U.S. District Court for the Central District of Illinois announced on Thursday, January 28, that he will assume senior status on March 1, 2010. McDade has served on the bench since 1991. [1]
Illinois court rules in favor of fired worker
Springfield, Illinois: The Illinois Supreme Court ruled Friday, January 22, that employers must continue to compensation benefits to an injured worker that has been fired for reasons unrelated tot he injury. The employer must continue paying until the former worker's medical condition stabilizes and has fully healed.[1]
Retirement Act ruled unconstitutional
Illinois: The Illinois Supreme Court issued a ruling on June 18, 2009 that the Compulsory Retirement of Judges Act is unconstitutional.
Judge William Maddux and five voters in the Cook County judicial district brought the case to the Circuit Court, seeking a declaration of unconstitutionality for limiting the terms of judges based on age. The Cook County Circuit Court dismissed the case, whereupon it was appealed to the Supreme Court, which overturned the Circuit Court decision. Maddux is currently the presiding judge of the Cook County circuit court. He was first appointed a circuit judge in 1991 and has subsequently been reelected several times. His current term expires in 2010. Judge Maddux will be 75 years old by the date his term expires and would, at that time, have been subject to the Retirement Act’s provisions, had they been upheld. [1]
Lawyer-rating site loses Supreme Court battle
(7/16/2008) The Illinois Supreme Court ruled that an internet site that allows users to rate their lawyers was not entitled to access a list of state attorneys. The high court owns the list, while the Illinois Attorney Registration and Disciplinary Commission maintains the list and originally denied the site's lawyers access to it.
Ban on moment of silence in school expanded
Chicago Tribune, 5/29/08. A temporary ban on an Illinois law requiring a moment of silence at the start of the school day was expanded Thursday to apply to all school districts across the state. The decision by U.S. District Judge Robert Gettleman will remain in place while a legal challenge alleging the law is unconstitutional moves forward. Gettleman previously halted the law from being observed in Township High School District 214 in Chicago's northwest suburbs after atheist activist Rob Sherman challenged the law on behalf of his daughter, Dawn, a student at Buffalo Grove High School.
Judge benched after DUI charge
5/21/08, Chicago Sun Times. A Cook County judge accused of drunken driving has been reassigned to "administrative duties," the county's chief judge announced Tuesday. Sheila McGinnis, 47, slammed her SUV into a minivan carrying five people earlier this month in Tinley Park, police say. No one was injured in the crash. Moments before the crash, McGinnis' 2004 Chevrolet Trailblazer was seen weaving and striking the curb. Police said McGinnis was also flashing her headlights and honking her horn. McGinnis refused sobriety tests. Judge Timothy C. Evans said McGinnis would be reassigned "until further notice."
References
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The Illinois Project on Judgepedia
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