ILNews

Mandatory retirement, unified court bills still alive

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The bill that would end a mandatory retirement age for certain judges and the bill that would unify Clark County courts are ready for third reading in their respective houses.

Senate Bill 463 seeks to eliminate or repeal any provision that establishes a mandatory retirement age for Superior and County court judges. The law currently states that an attorney must be less than 70 years old at the time he or she takes office.

House Bill 1266 made it out of the Committee on Courts and Criminal Code as introduced, but on second reading legislators amended the bill to include Madison County courts. The legislation now proposes to establish unified Circuit Courts for Clark and Madison counties.

Also passing second reading this week:
- Senate Bill 212, which repeals the law concerning the establishment and operation of county courts and discusses trial court jurisdiction;
- Senate Bill 214, state use of contingency fee counsel, which was amended in committee;
- Senate Bill 97, funding of lawsuits by companies via a loan to plaintiffs, which was amended on second reading;
- Senate Bill 520, application of foreign laws;
- Senate Bill 495, lawsuits by school corporations, which was amended in committee; and
- Senate Bill 530, on merging criminal deviate conduct into the crime of rape.

Senate Bill 540, on the discharge of long-term inmates, was adopted Tuesday by the Corrections, Criminal & Civil Matters Committee. Senate Bill 346, on environmental legal action statute of limitations, passed the Energy & Environmental Affairs Committee Tuesday with amendments.

Senate Bill 180, on limited partnerships and liability companies, passed second reading Monday and the Senate on Tuesday. It has not yet been assigned to a committee in the House of Representatives.

A complete list of introduced legislation is available on the General Assembly’s website.
 

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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

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  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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