Highlights from the Illinois Supreme Court’s September Term

By Marcia M. Meis, Director, Administrative Office of the Illinois Courts

The Supreme Court's September Term is typically the busiest of the five terms and this year was no exception. In addition to managing the many aspects of its adjudicative function, the Court acted on a significant number of important items under its administrative and supervisory authority with a focus on enhancing efficiency and accessibility in our justice system. Here are some of the key actions taken by the Court:

Housing Justice Clinics

The Court approved the creation of a Housing Justice Clinic program at three Illinois law schools to provide free representation for housing issues, an area of law with high demand for legal help statewide. The focus will be in communities where access to justice is limited by a shortage of attorneys and overburdened free and reduced fee legal service providers.

Housing Justice Clinics will be established at Northern Illinois University College of Law, Southern Illinois University Simmons Law School, and the University of Illinois College of Law in Urbana-Champaign. These three institutions offer a natural framework for statewide coverage, reaching communities that are often furthest from legal aid offices. Each clinic will serve as an access point for its surrounding region, ensuring that no part of the state is left without a dedicated housing justice resource.

Second District Appellate Court program to assist self-represented litigants

A new pilot program aimed at assisting self-represented litigants (SRLs) in the Second District Appellate Court will begin on November 1. The number of appeals filed by SRLs now makes up approximately 50 percent of Second District appeals and continues to increase. This innovative program is designed to address the difficulties experienced both by SRLs and the opposing party by offering free mediation with volunteer attorneys serving as mediators.

Juvenile Court appeals

The Court amended Rules 307 and 660 which will allow for interlocutory appeal as of right on transfer orders from juvenile court to adult court. This change provides minors with the opportunity to request expedited appellate review of a juvenile court's transfer order.

Consumer Debt cases

Supreme Court Rules 277 and 286 were amended and new Supreme Court Rule 278 was created to advance access to justice in consumer debt cases.

New Supreme Court Rule 278 governs post-judgment exemption claims - claims by a judgment debtor that certain income and assets are exempt from being collected to satisfy a money judgment. Exemptions are set by statute but, with limited exceptions, a judgment debtor must affirmatively claim an exemption in court to get its benefit.

Supreme Court Rule 286 governs appearance and trial in small claim cases, which involve amounts of $10,000 or less. The amendments to Rule 286:

• Clarify that the defendant's appearance is made by appearing in court on the date listed in the summons, and that the defendant is not required to file a written appearance prior to that return date. The amendment states that the court may order the defendant to file a written appearance at or after the first court date.
• Clarify that a written answer is not required unless ordered by the judge.
• Eliminate the current requirement that small claim cases are tried on the day set for appearance unless otherwise ordered, creating additional opportunities for the parties to seek legal help or to negotiate a settlement.
• Provide clearer guidance about the use of informal hearing procedures.

Domestic Violence cases

Rule 906 was amended to strengthen training requirements on domestic violence issues for Guardians ad Litem (GALs) appointed in domestic relations and child custody cases.

The amendment to Rule 906 adds "Prior to appointment the attorney shall have four (4) hours in the two years prior to the date the attorney qualifies for appointment in approved continuing legal education courses in the following area: intimate partner domestic abuse. Training topics may include family violence, coercive control, the impact to children who witness intimate partner domestic abuse, the impact of violence on survivors, post-separation intimate partner abuse, the use of collateral resources to address risk management and safety, parenting plans, and resources for the child and family."

The Court amended Rule 46 to require that courts shall create and maintain a record of all proceedings under the Illinois Domestic Violence Act of 1986, Stalking No Contact Order Act, Civil No Contact Order Act, or article 112a of the Criminal Code of Procedure of 1963 taken by stenographic means or by an electronic recording system, including video conference services, approved by the Supreme Court.

Rule 10-101 amended to improve statewide forms

Amendments to Supreme Court Rule 10-101 are now in effect, providing clearer guidance on statewide standardized forms and promoting more consistent practices across Illinois courts. The updates include clarifications on:

• Acceptance of Older Versions of Standardized Forms - Filings cannot be rejected solely because an older version of a standardized form was used. Courts are encouraged to link to the Illinois Courts forms landing page at ilcourts.info/forms to help users access current versions.
• Modifications to Standardized Forms - No one may digitally alter the underlying statewide standardized form, however users may make handwritten or typed strikethroughs and additions to a form. Users may not remove or alter portions of a standardized form in a way that is not apparent on the face of the document.
• Mandatory Standardized Forms - Standardized forms are generally optional unless their use is required by statute or Supreme Court Rule.
• Providing Forms to Court Users - A definition of "form" was added to clarify that instruction packets and additional forms are included in Rule 10-101. A new comment to the Rule references the existing Illinois Supreme Court Policy on Assistance to Court Patrons by Circuit Clerks, Court Staff, Law Librarians, and Court Volunteers, which states that:
• Clerks and court staff may provide standardized forms based on a user's description of their legal issue; and
• This does not constitute unauthorized practice of law.

The proposals reviewed and approved by the Court were developed through an enormous amount of work from a wide variety of individuals, including Illinois law school deans and clinic professors, the Second District Appellate Court, as well as the members of Supreme Court committees and commissions. We in the Illinois Judicial Branch are so fortunate and grateful for the dedication and commitment of judges, attorneys and other justice partners who put in the extra time to make the Illinois Court system the very best it can be.