The Oprah Interview as a Truth Commission

LESLEY WEXLER

Illinois Law professor Lesley Wexler explains how Oprah’s interview with Prince Harry and Meghan Markle might illuminate how a formal truth commission to deal with legacies of racism and colonialism might function in the British empire. Professor Wexler describes the purpose and function of state-operated truth commissions and notes the similarities and differences between those and the interview.

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In re L.I.

Docket: SCWC-18-0000773

Opinion Date: March 11, 2021

Judge: Michael D. Wilson

Areas of Law: Family Law

The Supreme Court vacated the judgment of the intermediate court of appeals (ICA) affirming the family court's order granting the Department of Human Services (DHS) foster custody and the subsequent order terminating Mother's parental rights, holding that the ICA erred when it failed to vacate the family court's order. On appeal, Mother argued that the family court erred in failing to appoint counsel for her prior to granting foster custody. The Supreme Court agreed, holding (1) Mother should have been appointed counsel at the time DHS filed its petition for family supervision; and (2) the failure to appoint Mother counsel at the time DHS filed its petition for foster custody was structural error that cannot be deemed harmless. The Supreme Court remanded the case for further proceedings.

WW v. DS

Docket: SCWC-18-0000361

Opinion Date: March 12, 2021

Judge: Mark E. Recktenwald

Areas of Law: Family Law

In this custody dispute, the Supreme Court vacated a settlement agreement reached by the parties during trial, holding that the family court's actions in reaching the settlement were improper, and thus the family court plainly erred. Father sought joint legal and physical custody of the parties' minor child, and the case proceeded to a bench trial. The parties settled during trial. On appeal, Father argued that the family court acted improperly in facilitating the settlement. The Supreme Court agreed, holding that because the court spoke to Father alone without obtaining consent from counsel on the record, initiated settlement discussions, and strongly recommended specific terms on a hotly-contested issue after trial had commenced, the family court committed plain error.