CBA Record July-August 2025

Organization and Procedure The justices emphasized the importance of trial attorneys and judges maintaining a thorough record of their cases if a case is appealed. “If you think a hearing is going to be contested, then get a court reporter,” Justice Navarro said. “If you think there’s an issue, make an objection at that time. It’s difficult to overcome waiver of the issue by just stating, ‘the court erred.’” Similarly, Justice Navarro explained that if a trial judge thinks an order or decision might be appealable, then it’s important for the judge to lay out the reasoning in their orders. The justices also commented on the use of bystander reports in lieu of court reporters. They agreed that the reports are useful as summaries of the evidence presented in the trial court, but they noted that it is most helpful on appeal to have a full record of the reasoning behind the decisions that were made in the trial court and the arguments that were pertinent to those decisions. Next, the panelists discussed the factors the justices consider in deciding to publish a written opinion. Supreme Court Rule 23 states that opinions should be issued where a majority of a panel determines that a decision will create, change, criticize, or explain a rule of law or deal with a conflict of authority among the Appel late Court districts. Justice Tailor noted that justices may have different beliefs about when a decision meets these criteria and must consider several issues. “Are the issues or facts novel? Is the opinion adding to the body of law? Was the advocacy not the best?” A dissenting or concurring opinion may make a case par ticularly ripe for publication. Best Practices for Arguing before the Court The justices discussed the proper aim and effectiveness of advo cates’ arguments and briefs, as well as the importance of accurate citations. A fatal flaw they see repeatedly in appellate briefs is avoiding arguments and cases that go against the litigants’ pre ferred outcomes. “You have to reckon with your most difficult points,” Justice Tailor said. “Don’t do the obfuscations and dis tractions. And that might require conceding something.” Justice Van Tine hammered home the point: “Distinguish the cases that go against your argument—don’t leave it out there hoping that it won’t be discovered,” because the justices will find those cases.

The justices agreed that it is important to turn to logic and rea soning, if there aren’t any cases to cite to that are on point. Justice Van Tine remarked on the increasing number of briefs that the Appellate Court is seeing that are drafted in part or in whole by AI engines and chatbots. She noted that while the Court is mainly receiving these briefs from pro se litigants, the halluci natory citations in some of them seriously degrade the effective ness of the briefs and require the justices and opposing parties to spend a lot of time and effort combing through the citations to assure their veracity. Broader Issues Asked about how to balance a saturated work life with staying active in the legal community more broadly, the justices sympa thized with the difficulty of making time to stay involved. “You’re busy; it’s a hard sell to your partner that you’ve been gone all day and now you’re going to a reception,” Justice Navarro said. On the other hand, “You don’t want to hide your light under a bushel.” The justices agreed that being involved in bar associa tions and the community at large can help lawyers advance their careers, create lasting friendships, and help shape the profession now and in the years to come. Justice Navarro shared that being a member of several bar associations and interacting with lawyers in different practice areas made him a better attorney. Justice Van Tine explained that bar associations can be “sources of friendship, support, and giving back,” noting that working closely with other attorneys on com mittees can create more meaningful friendships after spending a lot of time focusing on tough issues. Justice Tailor commented that lawyers and judges who participate in their local and state wide legal communities act as “stewards of the law and the justice system ensuring that the justice system remains strong and the constitutional democracy survives and continues.” The CBA’s Municipal and Law Committee meets in-person at the Daley Center. It is co-chaired by Judge Thomas Morrissey and Judge James McGing; Judge Jasmine Hernandez and Judge Joseph Panarese serve as vice-chairs. To join the committee, visit www.chicagobar.org.

The CBA Anti-Human Trafficking and Human Rights Committees recently co-sponsored a new CLE, “Disrupting the Trade: A Legal Summit on Human Trafficking Prevention.” Pictured from left: Elly Moheb, Assistant U.S. Attorney, Northern District of Illinois; Holly Kremin, Supervisor, Human Trafficking Unit; Cook County State’s Attorney’s Office; Elisa Munoz LSW, Human Trafficking Victim Witness Coordinator, Cook County State’s Attorney’s Office Human Trafficking Unit; Robert Fioretti, Vice Chair, CBA Committee on Anti-Human Trafficking; and Naderh Elrabadi, Chair, CBA Committee on Anti-Human Trafficking.

CBA RECORD 19