—Updated Status re Zoom Court.
The divorce courts in McHenry County continue to offer remote appearance for routine matters. This includes family-law cases before Judges Justin Hansen, Jeffrey Hirsch, Mark Facchini and Judge Zalad. See: https://www.mchenrycountyil.gov/county-government/departments-a-i/circuit-clerk/virtual-courtroom-information.
June 15, 2022 Update from Judge Hansen.
The Family Division has updated its division-wide standing orders with two new orders effective on July 1, 2022. There are two changes that Judge Hansen provided an additional explanation.
First, all hearings and trials will take place in person unless good cause and appropriate safeguards are shown, pursuant to Ill. Sup. Ct. R. 241. This includes non-evidentiary hearings. Remote appearances are still widely permitted for other settings.
Second, prove-ups via affidavits and submission of judgment documents to finalize our cases case will be generally disallowed. Prove-ups will return to the courtroom with sworn testimony, although participants may appear via Zoom.
Judge Hansen explained:
While we have tried to keep our family division courtrooms accessible during the COVID pandemic, these changes are necessary going forward. Remote appearances have always included some difficulty handling documentary evidence and objections. Unfortunately, over time, many participants have trended toward an overly casual approach that undercuts the seriousness and finality of the court proceedings. Altogether, these difficulties warrant the changes found in these new standing orders.
Similarly, finalizing cases with the submission of judgment documents and affidavits has become more problematic with time. It is unfortunate but we regularly reject submissions that are out of compliance with the IMDMA, self-contradictory, or missing necessary terms. These kinds of issues were less frequent when prove-ups occurred in the courtroom and we will return to that process.
We acknowledge that this may create (or bring back) inefficiencies. However, these changes prioritize reaching the right result and we think they are necessary. I welcome your feedback and concerns about these changes.
Family Division – Standing Order 22-01:
https://itodbardoc.intouchondemand.com/110/bcdoc/20220615085504.pdf
Family Division – Standing Order 22-02:
https://itodbardoc.intouchondemand.com/110/bcdoc/20220615085533.pdf
Older Posts.
Emergency Motions. Other than petitions for orders of protection, stalking no contact orders, and civil no contact orders, a party presenting an emergency motion must do so in person.
According to a February 24, 2022 press release from the Chambers of Chief Judge James S. Cowlin. The day earlier Judge Cowlin entered an Administrative Order regarding wearing masks or facial coverings in the Michael J. Sullivan Judicial Center. Effective now, a fully vaccinated person may enter the Judicial Center without a mask or face covering. It is recommended persons not fully vaccinated wear a mask and maintain social distance when in the Judicial Center.” Additionally, individuals may choose to wear a mask or face covering when in the Judicial Center.
This order also provides that individuals, including judges, court employees, parties, attorneys, jurors and witnesses, should not enter the Michael J. Sullivan Judicial Center if they have new flu–
like symptoms including fever, cough, or shortness of breath (excluding such symptoms caused by chronic conditions); currently have been directed to quarantine or isolate at home by any
medical provider or public health official; or reside or have regular close contact with a person currently subject to a quarantine or isolation direction issued by a medical provider or public health
official and are not themselves fully vaccinated.
McHenry County Family-Law Division Standing Orders.
The Gitlin Law firm created for our ease of reference pdfs of our older standing order that are searchable and remain in effect:
- McHenry County Family Law Division Order 2002-04
- Mediator List – Family Division-Current (Updated Mediator List)
Summary.
Remote (Zoom) court remains an option for certain routine court appearances including return on summons, status, motion presentment, case management and conference scheduling. To ensure good communication, the parties and counsel are encouraged to coordinate to whenever possible either all appear in person or remotely.
The option for prove-up by submission of documents now requires approval of the assigned Judge with procedures otherwise similar to the ones that we had been using for prove-up based on affidavit.
By Administrative Order 2020-17, Supreme Court Rule 45 , Supreme Court Rule 241, and Pub. Act 102-853, the parties and witnesses for orders of protection and similar orders (stalking no contact and civil no contact) may appear by Zoom.
Gunnar J. Gitlin
