The Illinois Supreme Court Rules Committee will hold a public hearing on November 15 to hear public comment on five proposals. The hearing will include proposed amendments to Rule 8.4, which focuses on attorney misconduct, and Rule 794, which outlines the 6-hour professional responsibility MCLE requirement.
The hearing will be held at 10:30 a.m. at the Administrative Office of the Illinois Courts (222 N. LaSalle Street, 13th Floor, Chicago) and livestreamed here.
Those wishing to comment on the proposals should submit written statements to the Rules Committee no later than Wednesday, November 8. Comments can be emailed to RulesCommittee@illinoiscourts.gov or sent by mail to: Committee Secretary, Supreme Court Rules Committee, 222 N. LaSalle Street, 13th Floor, Chicago, Illinois 60601.
If you would like to testify at the public hearing, please email the Rules Committee Secretary (RulesCommittee@illinoiscourts.gov) no later than Wednesday, November 8, to register and be scheduled.
Proposals impacting professionalism
On November 15, the Supreme Court will hear public comments on proposals that amend Rules ranging from attorney misconduct to lawyer reinstatement fees. However, three proposals may have an impact on attorney professionalism.
According to the Court, Proposal 22-06, offered by the Illinois State Bar Association (ISBA), “would amend RPC 8.4 and its Committee Comments to eliminate the prior adjudication precondition for discipline based on harassment or discrimination. The proposal would also specifically include sexual harassment in the definition of misconduct, and impose a ‘reasonably should know’ standard, as well as other changes to the rule modeled after the ABA’s model rule on discrimination. The proposal would also amend Comment 2 to RPC 5.1 to clarify that lawyers with managerial authority have a duty to promote a firm environment free of harassment and discrimination prohibited by RPC 8.4(j).”
More details on the ISBA’s proposed amendments can be found here.
Proposal 22-05, offered by the Chicago Bar Association (CBA), would add the words “sexual harassment prevention” to the Rule 794(d).
The amended language from the CBA’s proposal is as follows: “(1) Each attorney subject to these Rules shall complete a minimum of six of the total CLE hours for each two-year reporting period in the area of professionalism, civility, legal ethics, sexual harassment prevention, diversity and inclusion, or mental health and substance abuse.”
More details on the CBA’s proposal can be found here.
Finally, Proposal 23-01, offered by the MCLE Board of the Illinois Supreme Court, “would cap the reinstatement fees for those removed from the master roll due to MCLE noncompliance in more than three MCLE reporting periods. Under this proposal, the reinstatement fees would be capped at the reinstatement fees assessed for the three most recent removals.”
More details on the MCLE Board’s proposal can be found here.
Additional proposals to be considered
Additional proposals that the Supreme Court seeks public comment on include:
- Proposal 20-10, “which would amend Rules 472 and 558 clarifying that no fee shall be charged for motions seeking to correct errors in sentencing under either rule.”
- Proposal 23-03, “which would permit a certification for exemption from e-filing under Rule 9 to be filed in person, by email, by mail, or by third-party commercial carrier. The proposal would also amend Rule 373 to clarify that the ‘mailbox rule,’ in which a filing is considered filed on the date of mailing/delivery to a commercial carrier, applies to any filing that is exempt from e-filing under Rule 9, and not just documents filed by incarcerated self-represented litigants.”
The Illinois Supreme Court must approve all proposals before they can take effect. For more information, visit the Supreme Court’s website.
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