There is little law on secret pacts involving alleged, admitted, or judicially determined acts of sexual misconduct, regardless of whether governmental officials or public funds were or are involved regardless of whether those who committed bad acts will likely continue to misconduct, or were likely (or known) to have similarly acted towards others not then claimants and regardless of whether many of the relevant acts and comparable acts involving others not then before the courts were only uncovered due to the formal discovery processes available only during publicly-funded litigation.
Thus, most parties (though not children) can choose not to incorporate their pacts into final judgments and need not reveal the details of their pacts to circuit judges, including those who have prompted (not coerced) the parties to settle during Illinois Supreme Court Rule 218 conferences. Recent events suggest examinations are needed regarding settlement guidelines operating in and out of courts, formal and informal discovery laws applicable in civil actions, and lawyer responsibility laws.Īs to settlements, there are now too few explicit Illinois civil procedure law barriers to hush up (i.e., confidential) settlements of pending sexual misconduct claims. As alleged victims of sexual misconduct will be increasingly likely to seek redress, the time is ripe to explore how Illinois laws do and should regulate sexual misconduct settlements. Focus has turned to alleged misconduct occurring in and outside of government.
National attention has been directed recently to hush up pacts involving alleged sexual misconduct (e.g., harassment, assault, and discrimination).
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