This is an article about the legal system currently, what things look like going forward, and what to expect. This is not a science article. No politics. Just facts and analysis from your neighborhood attorney.
People are dying. Our healthcare system is completely overwhelmed. Fear and hysteria are slowly creeping into our homes. There is contradicting information that is coming out daily and the unknowns of tomorrow are causing long lasting and possibly irreversible problems.
The COVID-19 Pandemic is something we have never experienced. Sure, we have experienced the flu, H1N1, Ebola, etc. This virus has shut down the entire court system, indefinitely. That has never happened before. Not like this. It has shut down government buildings, benefit offices, and the Illinois Secretary of State. What does this mean? What if you need to renew your license? What if you have a case pending (criminal, civil or even divorce)? What if you need to go to a public office?
Currently, the date is March 31, meaning the shelter-in-place order has been in effect for roughly 11 days. Here is where we are:
1. The Illinois Secretary of State is currently closed until April 7, 2020. Expiration dates for driver's licenses, identification cards, vehicle registrations and other transactions and document filings will be extended at least 30 days after Driver Services Facilities reopen. https://www.cyberdriveillinois.com/home.html
2. Cook County Chief Judge Evans issued a statement last night extending the closings of the courthouses until May 18, 2020 (originally from mid April). This is for all criminal and civil cases, minus a few exceptions. These cases are being continued automatically. Criminal cases have a set "key date" in which a case will automatically be continued to a predetermined key date in May or June. Civil cases are being continued anywhere from 60 to 90 days (or longer) by order of court. This means the court will generate a new court date for civil cases and will send out a letter to the parties indicating the new court date.
3. Foreclosures and evictions are not being heard until at least May 18, 2020. This does not mean you are absolved from paying rent or mortgages. What it means is that the courts won't hear eviction matters until May 18. However, a landlord can and will still serve you with notice of an eviction and can still file that eviction case against you.
4. The shelter-in-place order is considered an executive order that can be enforced by law enforcement. Meaning, police can be called to break up meetings of more than 10 people. Also, if you know of someone that has contracted the COVID-19 virus and is acting recklessly (like they are traveling in public without protective measures and exposing other people) police have asked that you call 911.
5. There have been plenty of jokes about divorce rates and pregnancies both increasing in the next few months. All jokes aside, let's look at China and countries that are a month ahead of us. In China, divorce filings flooded their court system beginning in March once their lockdown was lifted. China is a nation where roughly 30% of marriages end in divorce, which is significantly less than the rate of divorces in the US. Here, marriages result in divorce roughly 45% of the time. It is unfortunate, but it is almost a certainty that divorce filings will increase in the coming months. Similar to evictions, divorces can be filed at any time, but they will not be heard by a judge until after May 18, at least.
Unfortunately, with divorce and marital issues, comes an increase in domestic violence. If you are a victim of domestic violence, it is important you still call the police and a lawyer in order to protect yourself. Police have been responding to an increased number of these calls already, but it's important to know that people are standing by waiting to help.
If you have a civil legal dispute, statutes of limitations can't be ignored. Meaning, even though the courts are closed, you still have to file your claim within the appropriate time limit (statute of limitations). It is important to contact a lawyer if you have any legal dispute to ensure that the time limit to file that case does not expire.
What does this all mean?
For starters, I do not think that the May 18, 2020 court reopening date is feasible, let alone the mid April Secretary of State target date. This will get worse well into the summer months. Police are actively patrolling and it is realistic to think that the National Guard will play a significant role as well. People are not working and people can't make their bills. Crime is likely to follow. Thefts and burglaries will increase. Violence will increase. Divorces will increase. Domestic violence will increase. Yes, perhaps police will write less speeding tickets, but bigger problems are coming.
I write this blog today to remind everyone to be smart. Be safe. And do not be afraid to ask for help. I could write an update every single day as things continue to change hourly. Things will continue to change. We will continue to wade into unknown waters. Court proceedings might be on hold, but the judicial system will prevail. The courts will open. Act accordingly.
It is important to know what is going and what resources are available to you. If you need help or advice or you just have a question, please don't hesitate to call (847) 345-7060.
And remember, this too shall pass.
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