12/02/2020

Illinois Supreme Court Rule 23 is Amended to allow litigants to cite unpublished opinions from the Illinois Supreme and Appellate Courts

Please read the full article from Rhys Saunders on the Illinois State Bar Associations Illinois Lawyers Now website linked below.  This article provides a clear summary of the background and lingering conflict of Rule 23, especially in the past decade as Illinois published all decisions publicly, online. 

Chief Justice Anne M. Burke and the Illinois Supreme Court announced today the amendment of Rule 23, which will allow litigants to cite unpublished opinions from the Illinois Appellate Courts for persuasive purposes. Amended Rule 23 is effective Jan. 1, 2021.

The Illinois Supreme Court Rules including Amended Rule 23 can be found on the court’s website.

“Changes to Rule 23 have been discussed and studied for a long time,” Chief Justice Anne M. Burke said. “This amendment is a welcome change and will improve the administration of justice in Illinois.”

To be clear, these decisions are available for persuasive purposes only.  This rule and it's claimed original intent has never made sense, but this has especially been true after these and all Illinois appellate decisions began to be published and available to the public on the Illinois courts website http://www.illinoiscourts.gov/   But it is a step in the right direction.  

And my guess is that a Rule 23 opinion, cited as persuasive from within an appellate district will draw consideration that trends towards "binding".

Read the full article at:

https://www.illinoislawyernow.com/2020/11/illinois-supreme-court-amends-rule-23-to-allow-citation-of-unpublished-appellate-court-rulings/?fbclid=IwAR0yAsTJRCBRTLm3tEzcodTwu--ZQwXKI3O1YqVJBii3AKHRK2ODuakBEFQ