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Illinois Supreme Court expands temporary licenses to ease legal deserts

A neoclassical building facade with columns and a large statue of two figures, reminiscent of the Illinois Supreme Court's presence. One figure stands, holding a book, while the other is seated. An owl statue sits at their feet, evoking the wisdom needed for 2023 law and constitutional challenges.
Capitol News Illinois
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File
The state's high court has amended several rules in an effort to address legal deserts in rural counties.

The Illinois Supreme Court has expanded how long law school graduates who haven’t yet passed the bar exam can practice with supervision.

The change to Supreme Court Rule 711 allows graduates to retain conditional licenses if they don’t pass the bar on the first try.

A temporary 711 license can be issued to law students who have completed at least half the required credits and law grads signed up for the bar exam, enabling them to practice under the supervision of a licensed attorney working in a legal aid organization, clinic or government office.

The updated rule is designed to give aspiring lawyers a chance to gain on-the-job experience while preparing for a second attempt at passing the bar.

Additional amendments to Rule 711, scheduled to take effect on Jan. 1, 2027, also make it easier for law graduates to apply for a license in Illinois by accepting either Illinois' version of the test or a Uniform Bar Examination taken in another jurisdiction.

More than 90% of attorneys licensed to practice in Illinois between 2020 and 2024 work in Cook or a surrounding collar county, according to a news release from the Illinois Supreme Court announcing the rules changes.

Less populated, rural counties have struggled to attract and retain attorneys. A study by the court's Commission on Professionalism noted 33 counties registering zero new attorneys in the same four-year time period.

The shortage has been particularly dire in civil cases, for which litigants do not have a constitutional right to representation.

“Our legal system relies on trained advocates and we continue to see a growing number of litigants coming to court without attorneys," Chief Justice P. Scott Neville said in a statement.

To remedy this, the court plans to pilot further expansion of 711 licenses to law graduates affiliated with private firms in four judicial circuits. These represent Illinois' southern and northwest tips, plus a center chunk encompassing DeKalb, Kendall, Bureau, LaSalle and Grundy Counties.

"This expansion is intended to encourage recent graduates to pursue employment in legal deserts and get hired sooner," the news release said.

Changes to additional rules take effect even sooner.

In July, the court removes an 18-month time limit on a temporary license for out-of-state attorneys practicing in legal aid or public defense within Illinois.

And beginning Oct. 1, a new condition to the state's Basic Skills Course for new attorneys establishes a requirement that all new licenses issued on or after Jan. 1, 2028 must include some professional education on topics related to unmet legal needs in Illinois.

Lauren Warnecke is the Deputy News Director at WGLT. You can reach Lauren at lewarne@ilstu.edu.