Covid-19 vaccinations as a condition of employment

 The Equal Employment Opportunity Commission said this week employers can require their employees to get COVID-19 vaccinations as a condition of going to work. The guidelines, which were published Wednesday, also say an employee can decline because of a disability or religious beliefs. In these cases, employers must offer reasonable accommodations, such as working remotely. Previous guidance from the EEOC said employers can require flu vaccines, as long as employees can seek an exemption for medical reasons under the Americans with Disabilities Act or for religious reasons under Title VII of the Civil Rights Act.  #covid-19vaccinations, #covid-19vaccinatinsasaconditionofemployment,

Proper Attire For Zoom Court

 A Florida judge is reminding lawyers appearing in remote court hearings through Zoom that they should not dress like they are poolside.

Nor should the lawyers remain in bed during the hearings, according to Judge Dennis Bailey of Broward County, who posted his sartorial recommendations to the website of the Weston Bar Association.

The Miami Herald and Local10.com have stories.

“It is remarkable how many attorneys appear inappropriately on camera,” Bailey wrote. “We’ve seen many lawyers in casual shirts and blouses, with no concern for ill-grooming, in bedrooms with the master bed in the background, etc. One male lawyer appeared shirtless and one female attorney appeared still in bed, still under the covers. And putting on a beach cover-up won’t cover up you’re poolside in a bathing suit. So, please, if you don’t mind, let’s treat court hearings as court hearings, whether Zooming or not.”

Bailey also warned that court hearings hosted on Zoom take additional prep work. Exhibits intended to be introduced into evidence have to be provided in advance to the court and opposing counsels. Third-party witnesses who can’t appear on camera to be sworn in by a judge have to have a notary at their location to verify identification and oath. #zoomcourthearings,

Illinois College Savings Account

 Beginning January 1, 2021, every child born or adopted in Illinois will get $50 deposited in their college savings account or 529 plan. That deposit is part of a new law, which introduces the Illinois Higher Education Program. Financial experts say the cost to attend college keeps going up five to six percent every year, so state legislators hope this law will combat those rising college tuition prices. Lawmakers hope it will also remind parents to contribute to their child’s college fund starting at birth. #collegefundforillinoischildren,

Illinois Minimum Wage

 For the third time since 2020, minimum wage workers in Illinois are getting a raise. ... Under the new law, the minimum wage will increase to $11 per hour on January 1, 2021. That amount will continue to expand on an annual basis until it reaches $15 per hour on January 1, 2025. #minimunwage, #2021newlaw,

Illinois Medicaid

 Medicaid is a jointly funded state and Federal government program that pays for medical assistance services. Medicaid pays for medical assistance for eligible children, parents and caretakers of children, pregnant women, persons who are disabled, blind or 65 years of age or older, those who were formerly in foster care services, and adults aged 19-64 who are not receiving Medicare coverage and who are not the parent or caretaker relative of a minor child.

Primary services funded through Medicaid are physician, hospital and long term care. Additional coverage includes drugs, medical equipment and transportation, family planning, laboratory tests, x-rays and other medical services. #medicaid,

Adoption

 Adoption establishes you as a child's legal parent with all the rights and responsibilities of a child born to you. Once a child is adopted, DCFS is no longer involved in or responsible for the care, supervision or custody of the child. As an adoptive parent, you assume all rights and responsibilities to make important decisions for your child, including the right to consent to major medical care and treatment, to marriage, to enlistment in the armed services. Adoption is permanent and lifelong, and is only possible when the birth parents have voluntarily given up their parental rights or their rights are terminated by the court. #adoption,

Child Neglect

 Child neglect is the failure of a parent or caretaker to meet “minimal parenting” standards for providing adequate supervision, food, clothing, medical care, shelter or other basic needs. If you suspect abuse or neglect you have a social responsibility to report it to the hotline. #childneglect,

CDL Disqualification

 While a sentence of court supervision may be a favorable sentence for an average driver in Illinois, it is not acceptable for a CDL holder. For most traffic violations, the Illinois Secretary of State will treat a sentence of court supervision as if it were a conviction. In other words, court supervision will not necessarily prevent the disqualification or suspension of your CDL. In fact, court supervision will not prevent the ticket from appearing on your public driving record even if you were in your personal vehicle at the time of the offense. Under Illinois law, a CDL driver is disqualified from operating a Commercial Motor Vehicle (CMV) if while driving a CMV they either commit two “serious traffic violations” within a three-year period or commit three such violations within a three-year period. #CDL, #CDLdisqualification,

Jury Nullification

 Jury nullification in the United States has its origins in colonial America under British law. In the United States, jury nullification occurs when a jury in a criminal case reaches a verdict contrary to the weight of evidence, sometimes because of a disagreement with the relevant law. The American jury draws its power of nullification from its right to render a general verdict in criminal trials, the inability of criminal courts to direct a verdict no matter how strong the evidence, the Fifth Amendment's Double Jeopardy Clause, which prohibits the appeal of an acquittal, and the fact that jurors cannot be punished for the verdict they return. #jurynullification,

Modification of Child Support

 An order for child support is eligible for a modification review every three years, or when there is a significant change in the needs of the child or the non-custodial parent's income. Before a case can be submitted for modification, a review is conducted to verify balances, non-custodial parent's employment status and other pertinent information.

Please keep in mind that the attorney presenting the case in court must be able to prove the non-custodial parent's ability to pay. If not, it is possible that the support payment may be lowered. #childsupport, #modificationofchildsupport,

Illinois Child Passenger Protection Act

 The Illinois Child Passenger Protection Act requires that all children under age 8 be properly secured in an appropriate child safety restraint system. This includes the use of booster seats, which must only be used with a lap/shoulder safety belt. If the back seat of the vehicle is not equipped with lap/shoulder type safety belts, a child weighing more than 40 pounds may be transported in the back seat without a booster seat, secured with a lap belt only.

As of January, 1, 2019 the Child Passenger Protection Act is amended to include the requirement for children under age 2 years to be properly secured in a rear-facing child restraint system unless the child weighs 40 or more pounds or are 40 or more inches tall. #childpassengerprotectionact, #childseatbelts, #boosterseats,

Child Support Suspension

 A circuit court may invoke a child support suspension law any time a judge rules that a parent is at least 90 days behind on child support payments. The court notifies the Secretary of State's office that the parent is in contempt of court for failure to pay child support. The Record of Non-Payment of Court Ordered Child Support Family Responsibility Law is completed, certified by the court and submitted to the Secretary of State's office which results in the pending suspension being loaded onto the driving record. The Secretary of State's office notifies the driver that a license suspension will become effective in 60 days. The suspension can be avoided if the Secretary of State's office is notified that the parent has met the court's requirements. #childsupportsuspension,  

Statutory Summary Suspension

 Illinois has an implied consent law, which means that if a person operates a motor vehicle on any public highway of this state, the driver is deemed to have consented to the testing of blood, breath, or urine for an alcohol concentration of 0.08 or more or the presence of intoxicating drugs. While the driver may not have agreed to this explicitly, consent is implied by driving in the state. Additionally, if the person failed the test or refused, he is subject to the civil penalty of suspension of driving privileges. #statutorysummary suspension,

Covid and Divorce

 Divorce rates have spiked in the U.S. during the coronavirus pandemic as couples have been stuck at home for months.

The number of people looking for divorces was 34 percent higher from March through June compared to 2019.

The combination of stress, unemployment, financial strain, death of loved ones, illness, homeschooling children, mental illnesses, and more has put a significant strain on relationships.

The data showed that 31 percent of the couples admitted lockdown has caused irreparable damage to their relationships.#covid, #divorce,

Child Support

 In Illinois, child support and the modification of child support are governed by the Illinois Marriage and Dissolution of Marriage Act.  Under the Act, once entered by a court, child support orders continue and remain in effect even though you may not be financially able to pay your child support.  To mitigate economic harm as much as possible, payors of child support must take immediate action to file a motion for the modification of child support upon the occurrence of substantial change of circumstance including, unemployment, reduction of income or other substantial change in ability to pay child support.  In Illinois, modifications of child support are retroactive to the date the moving party filed and served notice of the motion to modify child support to the other parent. #childsupport, covid19childsupport,

Legal Separation

 Illinois divorce and legal separation are alike in that both processes start when one spouse files a formal request (petition) with the court asking for intervention. The similarities continue in that both allow the couple or the court to resolve outstanding issues, like child custody, support, and property division.

The critical difference between legal separation and divorce is that at the end of a divorce, the judge terminates the marriage and both parties are free to remarry. Legal separation doesn’t dissolve the relationship, so even though you’re living apart and carrying on with your separate lives, neither spouse can remarry unless the court converts the separation into a formal divorce. #legalsepration, #divorce,

 If you fail or refuse chemical testing following a DUI arrest, the state of Illinois imposes an automatic suspension of your driver's license, the statutory summary suspension. ... At this hearing, your lawyer can question police officers and present arguments as to why your license should not have been suspended.#statutorysummarysuspension,

Bail

In Illinois, a person can be kept in custody, released on his or her own recognizance, or released on bail. If released on bail, there is a bond that must be paid. ... In Illinois the Bond is a sum of money equal to 10% of the bail and deposited with the clerk.

Videoconferencing in Cook Colunty Courts

Effective June 26, 2020, until further order of the court, in light of the global coronavirus COVID-19 pandemic, and in order to protect the health and safety of the general public and court employees, the Chief Judge of the Circuit Court entered General Administrative Order 2020-02 (Link to GAO 2020-02). Until further order of court, effective July 6, 2020, the circuit court will begin hearing all matters in all Districts and Divisions of the court with the exception of jury trials.

Judges will be available in person or remotely in each Division, Department, and District to hear emergency matters , as determined by the Presiding Judge of the respective division or district.

Except as otherwise ordered by the assigned judge, all hearings shall be conducted by videoconferencing. If it is not reasonably possible to conduct a hearing by videoconference, it may be conducted by teleconference. 

Driver's License For Immigrants

The State of Illinois issues a special driver's license to non-citizens who cannot get a SSN. The license is called Temporary Visitor Driver's License (TVDL). You can apply for a TVDL if you have a lawful immigration status. If you are an undocumented immigrant, you may be able to get a TVDL as well. A TVDL cannot serve as a government-issued ID.

TVDL is valid for three years. After that, you have to re-apply as a new applicant.

Multiple Offender DUI

A second DUI is typically a Class A misdemeanor in Illinois, which is punishable by a fine of up to $2,500 and a jail sentence of up to one year. You may also be subjected to a driver’s license suspension of five years. Third, fourth, and subsequent DUI convictions are aggravated DUI offenses in Illinois. If you have received two previous convictions for DUI, and you are caught driving under the influence of alcohol or drugs for the third time, this is a Class 2 felony offense. If convicted, you could face up to seven years in prison. You may also face a driver’s license suspension period of 10 years. #dui, #repeatdui,

City of Chicago Covid-19 Policies

The City of Chicago has ordered the following policies due to Covid-19:

• Delay referral of parking, red light, speed camera tickets to collection firms until June 1, 2020.
• No defaults of payment plans for until after June 1, 2020 and no new interest accumulated on current compliance plans including city tickets, utility bills, parking and red-light citations, booting and other non-public safety related violations.
• Delay driver’s license suspensions until after April 30, 2020.
• Through at least June 1, the city will suspend booting, late fees and defaults on payment plans for all city debts, and is suspending city debt checks for ride-share and taxi drivers. 
• Through at least June 1, the city will be limiting ticketing, towing and impounding solely to what are public safety-related issues.
• Extend utility bill due dates and referral to collection firms until June 1, 2020. #covid-19, #coronavirus, 
  

Covid-19 Evictions

On April 23, 2020, Illinois Governor J.B. Pritzker signed Executive Order 2020-30 (“Order”), which, among other things, extended relief previously provided by Executive Order 2020-10 prohibiting law enforcement from enforcing eviction orders for residential properties, and broadened this relief to non-residential evictions. Specifically, the Order provides that all law enforcement officers must cease enforcing any eviction orders for non-residential premises, unless the non-residential tenant has been found to “pose a direct threat to the health and safety of other tenants, an immediate and sever risk to property, or a violation of any applicable building code, health ordinance, or similar regulation.”[1] However, tenants of non-residential premises still are required to pay rent pursuant to any lease agreement. The Order further provides relief to residential tenants by barring any landlord or property manager from filing an eviction action pursuant to 735 ILCS 5/9-101, et seq., “unless a tenant poses a direct threat to the health and safety of other tenants, an immediate and severe risk to property, or a violation of any applicable building code, health ordinance, or similar regulation”.[2] Like non-residential tenants, residential tenants still are required to pay rent. #evictions, #covid-19,

Decline in Car Crashes

Total car crashes have dropped as more people are staying off the roads during the coronavirus pandemic, but state and local officials say some drivers are using the wide-open spaces as an excuse to speed.

In Illinois, crash rates dropped by more than half statewide April 1 through April 26 compared with the same period last year — to 1,608 statewide and to 688 on Cook County non-Tollway roads, according to the Illinois State Police.

This can be explained by fewer cars on the road, with schools and businesses closed. A national study conducted by INRIX, a provider of travel time information for travelers and shipping companies, found that vehicle miles traveled in Illinois dropped as much as 52% because of the pandemic, with lower travel times on ordinarily jammed expressways like the Eisenhower and Kennedy.

But Chicago has also seen a 14% increase in speeding tickets generated by automated cameras, while Illinois State Police figures show a modest increase in the rate of personal injury crashes in Cook County, which could indicate more reckless driving. #covid-19, #carcrashes, #coronavirus,

Coronavirus and Divorce

It seems the ripple effect of coronavirus has infected everything, and divorcing individuals are not immune. The most apparent impact is that most, if not all, courthouses are closed except for emergencies. This may delay your divorce, along with applications for temporary support and custody. There are other less obvious issues as well. .

Your divorce is a lawsuit, and that means it’s dependent on proper and timely functioning of the court system to become final. Court systems across the country are responding in multiple ways to balance handling the pandemic with ensuring the health and safety of all the people they touch – employees, litigants and attorneys. #divorcecoronavirus, #covid-19divorce,

Open during COVID-19

Our office is open during the COVID-19 crisis by appointment only.  We encourage telephone consultations rather than in person appointments. #covid-19, #coronavisus,

Unanimous Jury Verdicts

The U.S. Supreme Court ruled Monday that state juries must be unanimous to convict defendants in criminal trials, overturning the Louisiana second-degree murder conviction of Evangelisto Ramos that resulted in a life sentence when a jury found him guilty with a 10-2 vote.

The court noted that 48 states -- and more importantly federal courts -- already required unanimous jury verdicts in criminal cases, with only Lousiana and Oregon holding out by accepting 10-2 decisions. #supreme court, #unanimousjuryverdict,

Decrease in crime due to coronavirus

Would-be criminals may be heeding stay-at-home orders, as major cities across the United States report significant dip in major crimes like burglary, assault, murder, robbery and grand larceny, a drop likely influenced by a lack of opportunity as businesses close and streets empty. 

• In Chicago, drug arrests have dropped by 42% in the weeks since the city shut down, the Associated Press reports, while in Los Angeles, the rate of key crimes plummeted 30% after March 15.
• New York City—the nation’s hard-hit epicenter, where nearly 20% of the city’s police force reported sick this week—is also experiencing a double-digit decrease in crime. 
• “In some sense, it’s like a giant blizzard has hit and there’s 10 feet of snow on the ground,” a former police officer and criminal justice professor told the Washington Post. 
• In a study by USA Today, 19 out of 20 police agencies recorded a lower number of criminal incidents since March 15, and the agencies studied also reported a significant decrease in traffic stops, down as much as 92% in some areas. 
• But it’s not all good news: While drug crimes and homicides are plummeting, the rate of domestic violence, which may be exacerbated by shelter-in-place orders, shows signs of surging. 
• Nuisance complaints—and especially residential noise complaints—are also up, and in some areas, police are cracking down on scofflaws ignoring social distancing rules. #coronaviruscrime, #decreaseincrimecoronavirus,
  

Order Of Protection

An order of protection is a court order which restricts an abuser and only is available to family or household members. An order of protection may: prohibit abuser from continuing threats and abuse (abuse includes physical abuse, harassment, intimidation, interference with personal liberty, or willful deprivation. #orderofprotection,

Cook County Jail

The Cook County sheriff’s office announced announced Wednesday that 26 more detainees at Cook County Jail have tested positive for COVID-19, raising the number of confirmed cases among detainees to 167.

Twelve detainees diagnosed with the disease have been hospitalized, the sheriff’s office said. Additionally, 34 staff members have also tested positive.

The first two cases of COVID-19 were announced March 23. So far, the jail has released at least 400 detainees, as Cook County judges conduct case-by-case bond reviews in an attempt to lower the jail’s population and reduce the spread of the coronavirus. #coronavirus, #cookcountyjail,

Court Closing

Cook County Circuit Court is extending its suspension of most criminal and civil cases through May and expanding the use of videoconferencing amid the growing COVID-19 outbreak.

Originally postponed until April 15, most court cases are now suspended until May 18, the office of Chief Judge Timothy Evans said in a statement Monday.

Evans also ordered the expansion of videoconferencing for all court proceeds deemed necessary or emergencies, officials said. All court hearings will be conducted via video no later than April 16. Currently, all detainees with bail hearings appear in court via video.#courtclosing,

Coronavirus Office Closings

     On March 20, 2020, Illinois Governor J.B. Pritzker issued a statewide stay-at-home order aimed at stopping the spread of coronavirus.  All non-essential business in the state were ordered to close their doors effective March 21, 2020 at 5:00 p.m. and remain closed through April 7, 2020.

     The executive order specifically lists 23 different kinds of businesses that are "encouraged to remain open", including "professional services, such as legal services, accounting services, insurance services , real estate services (including appraisal and title services).  Under the order, professional services such as legal services can stay open "when necessary to assist in compliance with legally mandated activities". #coronavirus, 

Modification of Child Support

Child support payments cannot be changed without going to court. The amount of child support owed only changes when the judge enters a new court order that changes it.

Either parent can ask the court to change or modify the amount of child support payments, even down to $0, if there has been a substantial change in circumstances, since the last child support order.

A substantial change in circumstances means a big change. For example, a change in one of the parents' job situation or ability to make money. #modificationchildsupport, #child

support,

Coronovirus & State Crime Lab

Cook County prosecutors will be dropping all new drug cases as the coronovirus outbreak has led the state crime lab to reduce its operations to only urgent work involving violent crimes. Cases that are dropped will be reevaluated after the lab begins testing again, to determine if they are eligible to be indicted by a grand jury. #coronovirus, #state labs,

Coronavirus Court Closing

The vast majority of Cook County court operations, both criminal and civil, will be postponed for nearly a month beginning last Tuesday as a precaution against coronavirus, the chief judge’s office confirmed Friday.

Courthouses across the county will remain open “though there will be fewer cases,” according to a statement from the office. Regular operations are expected to resume April 15 at the earliest, according to a statement from Chief Judge Timothy Evans’ office. #coronavirus, #courtclosings,

Driver's License Suspension//Child Support

 You can lose your license if you're 90 days behind on child support. It's not automatic, and there are lots of ways to avoid it, but it's possible.

The Family Financial Responsibility Act went into effect in 1996. Commonly called the "Deadbeats Don't Drive" law, it provides 3 ways your license can be suspended for non-support — and one for "visitation abuse."

The law distinguishes between not paying anything in 90 days —being delinquent — and being a total of 90 days behind on support. Those will often overlap, but not always.

If you're delinquent, your license can be suspended if a judge holds you in contempt, or if the Illinois Department of Healthcare and Family Services (HFS) asks the Secretary of State to suspend your license.

(The HFS regulations say they won't ask unless you're $2,500 and 90 days behind.)

Being held in contempt, or having a judge order the suspension without contempt, both require that there be a court order for child support. Those child support orders will, therefore, be public records, at the circuit clerk's office.

The suspension that HFS can request only requires the kind of "administrative" child support order that HFS can set as a state agency. That order will just be at the HFS office, and not a public record. That's how it's possible to have a child support order without a court case. #childsupport, #driverslicensesuspensionchildsupport,

Baiid Device

A BAIID (Breath Alcohol Ignition Interlock Device) is a breathalyzer installed in your vehicle that tests your breath alcohol concentration (BrAC) before you start your vehicle. If your BrAC is above a certain level, you will not be able to start your vehicle.

As required by the Office of The Illinois Secretary of State, you will also have to submit a sample of your BrAC at random intervals while your vehicle is on, commonly referred to as a random retest. This random retest prevents you from operating your vehicle while intoxicated after you’ve already started your vehicle.

If you have been arrested for a DUI in the state of Illinois, you may be required to install a BAIID in your vehicle. Depending on your offense, you may need to install a BAIID in order to obtain a Monitoring Device Driving Permit (MDDP), a Restricted Driving Permit (RDP), or as a requirement from a court order. #BAIID,