Recorded Words Can Be Used Against You in Court
The phrase “Think before you speak” now holds more meaning in the divorce world than ever before. This year, the Illinois Supreme Court lifted restrictions for recording any part of a conversation or electronic communication without the consent of all parties involved. As a result, everyone, but especially spouses involved in the divorce process, need to think about how their words can be used against them. Everyone needs to be careful when they speak about any information that they do want to be shared or allowed in court.
In divorce cases, clients commonly report information that may be useful to their cases and damaging to their spouses’ cases to their divorce attorney. Previously, due to the Illinois Eavesdropping Statute (720 ILCS 5/14) mandated in 1994, Illinois divorce attorneys needed to advise clients that recording their spouse, or anyone else, was illegal without the other person’s consent. Consequently, any evidence obtained in violation of the Statute was inadmissible in a court, including a divorce case. However, this year in the case People v. Clark, 2014 IL 115776, the Illinois Eavesdropping Statute was ruled unconstitutional. This new decision could change the dynamic of divorce cases and how Illinois divorce lawyers advise their clients.
While the Supreme Court recognized the importance of the State protecting some conversations under certain circumstances, the Statute was deemed unconstitutional because it criminalized the recording of all types of conversations where one would not have any expectation of privacy. The Court said that the Illinois Eavesdropping Statute “criminalizes a whole range of conduct involving the audio recording of conversations that cannot be deemed in anyway private. For example, the statute prohibits recording (1) a loud argument on the street; (2) a political debate in the park; (3) the public interactions with police officers with citizens (done by a member of the general public); (4) any other conversation loud enough to be overheard by others whether in a private or public setting.”
As a result of the Clark case, Illinois lawmakers will need to write a new statute that passes the more restrictive standards set forth by the Supreme Court. However, for the time being, in the Illinois Family Law arena, restrictions that have applied for about 20 years have changed and as a result, spouses need to be careful about what they say. When a spouse divulges information to their husband or wife, or even someone else, the information could realistically now be used against them. Again, everyone must be careful when speaking out loud. Once it is recorded for everyone to hear, including attorneys and judges, it is difficult to deny such evidence.
For more information about divorce, any question a divorce lawyer can answer, or the new Eavesdropping Statute, please contact me.
