In a recent blog post, Chicago defense attorney Eugene Keefe bemoaned a longtime thorn in his side: the Illinois Supreme Court's Rule 23. Established in 1972, Rule 23 dictates how the state's appellate courts and Supreme Court can dispose of cases. A 1994 amendment, prompted by concern over the resources wasted to publish routine court decisions, allowed certain cases to go unpublished. These unpublished "summary orders," often called Rule 23 orders, cannot set precedent or be cited in a legal argument. Keefe said there's no need for Rule 23 orders in the int...
David Langham Aug 22, 2017 06:42 AM
Stare decisis, transparency of process, and predictability are all enhanced with opinions being binding. All court decisions should be so.