CBA Record September-October 2025

immunity. An overview of the disciplin ary mechanisms in the Illinois judiciary highlights how even the harshest outcome for a judge—removal from the bench for misconduct—does nothing to compen sate victims of judicial errors. The proposed solution combines the current disciplinary mechanisms and judi cial immunity with civil rights practice. Through a new statutory scheme, Illinois would create the Compensation District to be the defendant in judicial error civil lawsuits to circumvent judicial immunity. A putative plaintiff would initially file a complaint with the Judicial Inquiry Board and obtain a right-to-sue letter only after an investigation and vote by the board. Additional measures are proposed to eliminate bias and ensure these cases are decided according to the rule of law: bench trials conducted in a circuit other than the one the judge subject to lawsuit belongs to, and strict confidentiality through filings under seal and gag orders.

REVIEW OF REVIEWS

REVIEWS, REVIEWS, REVIEWS!

An Indecent Proposal? A Remedy for Those Damaged by Judicial Malpractice By Michael G. Cortina, 45 N. Ill. U. L. Rev. 1 (2024) Review by İlgi Cesur, 3L at Northwestern University Pritzker School of Law

Judicial error that an appeal cannot cure can present jarring consequences for those affected because usually there is no path for redress. This article highlights the harshness of absolute judicial immunity and proposes a scheme through which anyone harmed by judicial error can be made whole: a new statutory scheme that would allow putative plaintiffs harmed by judicial malpractice to sue the Illinois

government for monetary compensation. The proposal is founded on a careful examination of absolute judicial immu nity. Central to the discussion is the infamous Stump v. Sparkman decision, which underscores how grievous judicial errors, such as authorizing a nonconsen sual sterilization, can leave parties with no recourse. According to the article, a remedy is key to the existence of judicial

Money is Morphing: Cryptocurrency can Morph to be an Environmentally and Financially Sustainable Alternative to Traditional Banking By Clovia Hamilton, 22 DePaul Bus. & Comm. L.J. 81, 82 (2024) Reviewed by Daiwei Zhao, 3L at Northwestern University Pritzker School of Law

Governments are taking varied approaches to crypto regulation. China has banned crypto trading and mining, while the U.S. has adopted a cautiously permissive stance. At the federal level, regulators including the SEC and the Fed eral Reserve emphasize consumer protec tion and anti-money laundering measures, while several states require blockchain companies to obtain licenses. The future of cryptocurrency, this article concludes, hinges on effective regulation, sustainable innovation, and the industry’s ability to address fraud and instability.

Cryptocurrencies and blockchain tech nology are transforming global finance as capital and users are shifting from tradi tional banks to digital assets. This article explores the blockchain’s innovation and its limitations in the financial landscape and the regulatory and environmental challenges it faces. Banks have invested significantly in blockchain to improve transaction effi ciency and reduce operational costs. One innovation is decentralized finance (DeFi), which is reshaping finance by enabling users to lend, borrow, and trade without intermediaries. Yet technical constraints

remain. For example, Bitcoin handles fewer than seven transactions per second, far behind Visa’s 76,000. The article does not expect blockchain technology to achieve full scalability until at least 2029. Cryptocurrency supporters see it as a tool for financial inclusion. In some developing countries such as Nigeria, where millions lack access to banks, cryp tocurrency offers a way to transact inde pendently. However, critics warn that volatility and risk may undermine this promise. The collapse of FTX in 2022, which caused billions in losses, exposed some of crypto’s inherent risks.

THE IMPORTANCE OF INDEPENDENT OVERSIGHT: A Conversation with Deborah Witzburg, Inspector General for the City of Chicago Sponsored by the CBA Public Affairs Committee September 30, 2025 | 12:00 p.m. | In-person at CBA, Lunch Included | IL MCLE Credit Learn more and register at Learn.ChicagoBar.org (under Committee Meetings)

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