Abolish Illinois Supreme Court Rule 23 Opinions

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I agree with Attorney Morris Lane Harvey who recently advocated in the ISBA Journal to eliminate Rule 23 orders in appellate opinions. See https://www.isba.org/ibj/2017/01/letsgetridofrule23orders. I, like the author, have often been frustrated to find the on-point authority I discovered during the course of my legal research is contained in an unpublished opinion that cannot be cited for support pursuant to Rule 23. The practical reasons underlying the rule no longer exist and if the impetus for a Rule 23 designation is that the opinion creates bad law, abrogating the rule should provide a disincentive for generating such flawed jurisprudence.

 

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