Part 23 - Elder Law and Miscellaneous Remedies Division

(A) These rules set forth procedures for the Elder Law and Miscellaneous Remedies Division of the circuit court of Cook County. The rules supplement the Elder Abuse and Neglect Act, the Code of Civil Procedure, the Code of Criminal Procedure of 1963, and the Rules of the Illinois Supreme Court, and are designed to facilitate the adjudication of cases heard in the Elder Law and Miscellaneous Remedies Division of the circuit court of Cook County.

(B) These procedures are designed to accomplish the following:

(1) maintain effective judicial oversight in cases involving elderly persons;

(2) maintain effective coordination of related cases involving elderly persons;

(3) minimize delays in court proceedings involving elderly persons;

(4) heighten awareness of factors that may impede the rights of elderly persons; and

(5) a full, fair, and meaningful opportunity for all participants to be heard.

(C) These rules shall be liberally construed to accomplish the above goals.

(D)  These rules incorporate the above-referenced statutes and rules as they may be amended from time to time.

(E) Except as determined by the Chief Judge, administrative operations and ancillary services of the Division will be located primarily at the Daley Center, 50 W. Washington St., Chicago.  Except as otherwise directed by judges with judicial and administrative responsibilities for a particular case, criminal cases will be heard at the Leighton Criminal Court Building, 2600 S. California Ave., Chicago, IL; domestic violence cases will be heard at the courthouse at 555 W. Harrison St., Chicago; and other civil cases will be heard at the Daley Center as ordered by the court.

Dated this 29^th day of August, 2013, effective immediately. This Rule shall be spread upon the records of this Court and published.

ADOPTED BY A MAJORITY OF THE JUDGES OF

THE CIRCUIT COURT OF COOK COUNTY.

For the purposes of these rules, the following words and terms shall have the following definitions:

1. case: an action or proceeding;
2. elder or elderly person: any party or victim in any case heard in any Department or Division of the circuit court who is age 60 or older when the action is filed or, in criminal actions, at the time of the offense charged;
3. elder law case: a case so designated in the general orders of this court;
4. he, him, or his: words of the masculine gender apply equally to females;
5. order of protection: an order of protection as defined in Part 22 of the rules of this court;
6. party: one by or against whom a lawsuit is brought, including a person who has a stake or standing in the lawsuit and who is entitled to enforce rights from the final outcome of the litigation, except that a party does not include the accused in criminal matters;
7. related case: another pending action or proceeding involving the same elderly person;
8. vulnerable: appearing vulnerable to abuse, neglect, or self-neglect as defined in the Elder Abuse and Neglect Act at 320 ILCS 20/2.

Dated this 29^th day of August, 2013, effective immediately. This Rule shall be spread upon the records of this Court and published.

ADOPTED BY A MAJORITY OF THE JUDGES OF

THE CIRCUIT COURT OF COOK COUNTY.

(A)  Presiding Judge

The Presiding Judge shall have general administrative authority to supervise the Division, including authority to coordinate the Division's operations, and shall promulgate general orders as necessary to administer the Division.

The Presiding Judge may establish procedures by which services of the Division supervised by the Presiding Judge may be made available in any case in the circuit court in which an elderly person is a party or victim and the judge in that case determines, on motion by a party or by the court, that the interests of justice would be served by a referral of an elderly person for such services.

(B) Emergency Calendar

The Presiding Judge, or her or his designee, shall have the authority to establish an emergency calendar and other calls and calendars for the purpose of assuring effective access to remedies and services available in elder law cases.
 

Dated this 29^th day of August, 2013, effective immediately. This Rule shall be spread upon the records of this Court and published.

ADOPTED BY A MAJORITY OF THE JUDGES OF

THE CIRCUIT COURT OF COOK COUNTY.

(A) Filing and assignment

Except for the following, an initial filing (complaint or petition) in an elder law case not related to a criminal case shall be filed with the clerk of the circuit court of Cook County, who will then randomly assign the case to a judge for hearing:

1.  A petition for an order of protection shall be filed pursuant to Part 22 of the rules of this court.

2.  In a criminal case, an information may be filed only by the state=s attorney and an indictment may be presented only by a grand jury pursuant to the Code of Criminal Procedure of 1963, 725 ILCS 5/100‑1, et seq.

(B) Service

Service of initial filings, motions, and other papers shall be pursuant to the applicable law and court rules.

(C) Transfer of Cases to the Elder Law and Miscellaneous Remedies Division

When a civil case is filed in the Domestic Violence Division or in the Municipal Department, First District, the judge assigned shall determine whether a transfer to the Elder Law and Miscellaneous Remedies Division is appropriate.  If appropriate, the assigned judge shall then transfer the case to the Elder Law and Miscellaneous Remedies Division.  All transfers pursuant to this subsection shall be effected as otherwise provided in the rules of this court.  Nothing in this rule shall limit a judge=s discretion to transfer a case whenever such action is found to be appropriate.

(D) Transfer of Cases from the Elder Law and Miscellaneous Remedies Division.

Cases shall be transferred to other divisions of the court pursuant to the rules of this court.

(E) Related Cases

A judge assigned to an elder law case who finds it is in the interests of justice that adjudication of related cases be consolidated before a single judge or on a single calendar may transfer the case pursuant to the rules of this court.  In exercising transfer authority, it is expected judges assigned to related cases will confer as needed on the manner in which the interests of justice and judicial economy can best be served.  All transfers pursuant to this subsection shall be effected as otherwise provided in the rules of this court.

(F) Reassignment of cases after disposition of criminal charges

Upon the nolle prosequi, dismissal without prejudice, or final disposition of criminal charges in a case pending in the Domestic Violence Division, cases containing the following may be transferred pursuant to Part 22 of the rules of this court for any further proceedings:

(1) unexpired order of protection entered in the same case,

(2) related independent order of protection, or

(3) unadjudicated petition for an order of protection.

Dated this 29^th day of August, 2013, effective immediately. This Rule shall be spread upon the records of this Court and published.

ADOPTED BY A MAJORITY OF THE JUDGES OF

THE CIRCUIT COURT OF COOK COUNTY.

Applications to defend as an indigent person shall be presented to and heard by the presiding judge of the division or district in which the case is then pending.
 

Dated this 29^th day of August, 2013, effective immediately. This Rule shall be spread upon the records of this Court and published.

ADOPTED BY A MAJORITY OF THE JUDGES OF

THE CIRCUIT COURT OF COOK COUNTY.

(A) As of right

A motion for substitution of judge as of right shall be presented to the judge to whom the case is currently assigned.  If the judge assigned to the case is unavailable, the motion shall be continued and heard when the judge returns.  However, for good cause shown, the motion may be presented to the presiding judge of the division or district in which the case is then pending.

(B) For cause

A motion for substitution of judge for cause shall be presented to the judge to whom the case is currently assigned.  Upon a determination that the motion should be heard by another judge, the judge to whom the case is assigned shall transfer the case to the  presiding judge of the division or district in which the case is then pending, who shall assign the case to another judge for hearing.

(C) Orders granting a substitution of judge shall be accompanied by an order transferring the case to the presiding judge of the division or district in which the case is then pending for reassignment.
 

Dated this 29^th day of August, 2013, effective immediately. This Rule shall be spread upon the records of this Court and published.

ADOPTED BY A MAJORITY OF THE JUDGES OF

THE CIRCUIT COURT OF COOK COUNTY.

(A)  Generally

(1) All substantive motions shall be made in writing.

(2) All written motions shall have a title accurately describing the primary relief sought and be accompanied by a notice of motion.

(3) All written motions and related papers shall be filed with the clerk of the court.

(4) Notice shall be in accordance with the applicable statutes and court rules.

(B)  Emergency motions, except petitions and motions for emergency orders of protection.

Facts identifying the nature of the sudden or unforeseen circumstances which give rise to the emergency and the reason(s) the matter should take precedence shall be stated with particularity in an verified motion or an accompanying affidavit.  This section does not apply to petitions and motions for emergency orders of protection.
 

Dated this 29^th day of August, 2013, effective immediately. This Rule shall be spread upon the records of this Court and published.

ADOPTED BY A MAJORITY OF THE JUDGES OF

THE CIRCUIT COURT OF COOK COUNTY.

All post-judgment requests for relief in both civil and criminal cases must be submitted to the judge assigned to the calendar on which the final disposition was entered.  On the motion of a party or the court’s own motion, the case may be transferred to the calendar of the judge who entered the final disposition.

Dated this 29^th day of August, 2013, effective immediately. This Rule shall be spread upon the records of this Court and published.

ADOPTED BY A MAJORITY OF THE JUDGES OF

THE CIRCUIT COURT OF COOK COUNTY.

(A) Generally

(1) Initiation

A request for a rule to show cause or an adjudication of indirect criminal contempt or indirect civil contempt must be made by written petition, must specifically identify the order or provision alleged to have been violated, and must be properly served on the responding party.  The petition shall state both the legal and the factual bases of the alleged contempt.

(2) Attachments

The petition must have a copy of the judgment or order alleged to have been violated attached as an exhibit.

(3) Issuance of Rule

Upon the presentation, pursuant to notice, of a verified petition or sworn testimony in open court seeking a finding of indirect civil contempt, which makes a prima facie showing of noncompliance, a judge may issue a rule to show cause.  The court may issue a rule notwithstanding the responding party=s request to file a written response.

(4) Form of order

When a judge issues a rule to show cause, the official form for a rule to show cause provided by the court shall be used.

(5) Service of rules

Unless otherwise directed by the court, service of any rule to show cause shall be as required by applicable court rules.

(6) Findings of Contempt

A finding or adjudication of contempt shall be by written order and shall contain specific findings of fact.  In cases involving child support arrears, the order shall state the exact amount of any arrearage found to be due and owing. Upon a finding of contempt that results in incarceration, a form order of commitment provided by the court shall be used.

(7) Return to Court

An order remanding a contemnor to the custody of the Cook County Department of Corrections for indirect civil contempt must include a provision that the contemnor will be returned to the court for status at periodic intervals, but in no event less frequently than every thirty (30) days.

(B) Appointment of Attorneys in Contempt Cases

(1). The Elder Law and Miscellaneous Remedies Division in conjunction with any duly constituted, recognized bar association, will recruit attorneys to represent indigent litigants in contempt hearings in domestic violence cases.  An attorney appointed by the court in such hearings shall be compensated as provided in Ill. S. Ct. R. 299.

(2) The qualifications, rules of appointment, and administration shall be the same as provided in Cook Co. Cir. Ct. R. 13.8.

Dated this 29^th day of August, 2013, effective immediately. This Rule shall be spread upon the records of this Court and published.

ADOPTED BY A MAJORITY OF THE JUDGES OF

THE CIRCUIT COURT OF COOK COUNTY.