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Illinois Law Revision Commission

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Illinois Law Revision Commission
NameIllinois Law Revision Commission
Formation1962
TypeState law commission
HeadquartersSpringfield, Illinois
Leader titleChair
Leader name(varies)
Website(official)

Illinois Law Revision Commission is a statutory body created to recommend systematic revisions and simplifications to the statutory laws of Illinois. It operates within the context of the Illinois General Assembly and interacts with Illinois judicial institutions such as the Illinois Supreme Court and the Illinois Appellate Court. Its work affects statutes enacted by the Illinois General Assembly and influences administrative practice across agencies including the Illinois Department of Revenue and the Illinois Department of Human Services.

History

The commission was established by the Illinois General Assembly during the administration of Governor Otto Kerner Jr. to modernize the body of Illinois statutes, following precedents set by entities like the New Jersey Law Revision Commission and the California Law Revision Commission. Early work coincided with legal reforms inspired by national movements such as the drafting efforts of the American Law Institute and codification projects like the Uniform Commercial Code. Over decades the commission’s agenda shifted through political eras including the administrations of Governors Richard B. Ogilvie, James R. Thompson, and Jim Edgar, responding to legislative priorities shaped by events such as the passage of the Illinois Constitution of 1970.

Organization and Membership

Membership traditionally includes legislators from the Illinois Senate and the Illinois House of Representatives, judges from the Illinois Supreme Court and the United States District Court for the Northern District of Illinois, and legal scholars from institutions such as the University of Illinois College of Law and the Loyola University Chicago School of Law. Appointments reflect participation by executive branch officials like the Governor of Illinois and the Attorney General of Illinois. Staff attorneys often have backgrounds tied to the Illinois State Bar Association, the American Bar Association, and clerkships in federal circuits including the United States Court of Appeals for the Seventh Circuit.

Mandate and Functions

Statutorily the commission is charged with recommending revisions, consolidations, and codifications to statutes enacted by the Illinois General Assembly and supervised by legislative leaders such as the Speaker of the Illinois House of Representatives and the President of the Illinois Senate. Its remit overlaps work by entities like the Commission on Government Forecasting and Accountability and informs committees such as the Illinois Senate Judiciary Committee and the Illinois House Judiciary - Civil subcommittee. The commission produces drafts that can be introduced as bills by legislators including members of the Illinois Legislative Black Caucus and the Illinois Legislative Latino Caucus.

Major Projects and Publications

Notable projects include large-scale codification efforts in areas analogous to reforms advanced by the American Law Institute projects like the Restatement (Second) of Contracts and work paralleling the Uniform Probate Code. Publications have addressed statutory cleanup comparable to initiatives undertaken by the New York Law Revision Commission and the Massachusetts Law Reform Institute. The commission issues reports, model acts, and recommended bill drafts that are distributed to bodies such as the Illinois Legislative Reference Bureau and referenced by practitioners from firms listed in directories like the Illinois Legal Aid Online network.

Legislative Impact and Notable Reforms

Recommendations have informed reforms enacted by the Illinois General Assembly on topics akin to revisions found in the Uniform Commercial Code adoption, probate law amendments influenced by the Uniform Probate Code, and statute of limitations adjustments comparable to reforms in states like California and New York (state). Legislative sponsors from districts represented by figures such as former legislators who served on judiciary committees have carried bills originating with the commission, affecting codification trends mirrored in other jurisdictions like Wisconsin and Indiana.

Procedures and Operations

The commission convenes hearings and meetings in locations including the Illinois State Capitol and public universities such as Southern Illinois University Carbondale. It coordinates with the Illinois Legislative Reference Bureau for bill drafting, relies on research from law libraries such as the University of Chicago Law School library, and follows practices similar to the American Bar Association standards for model code drafting. Operation rhythms align with legislative sessions of the Illinois General Assembly, with interim reports timed to session schedules and committee deadlines.

Criticisms and Controversies

Critiques echo concerns raised in debates over bodies like the Texas Legislature’s codification efforts and scrutiny faced by the New Jersey Law Revision Commission, including allegations of insufficient transparency, perceived deference to interest groups represented by organizations such as the Illinois Chamber of Commerce or advocacy groups like the ACLU of Illinois, and occasional disputes with legislative committees such as the Illinois House Judiciary Committee. Controversies have arisen when proposed revisions intersect with politically sensitive statutes, provoking commentary from media outlets such as the Chicago Tribune, legal scholarship from faculties including Northwestern University Pritzker School of Law, and statements by elected officials like the Governor of Illinois.

Category:Illinois law