Lawmakers OK bill to limit constitutional lawsuits to Cook, Sangamon County
By PETER HANCOCK
& HANNAH MEISEL
Capitol News Illinois
news@capitolnewsillinois.com
SPRINGFIELD – Democrats who control the General Assembly muscled through a last-minute measure that will require any constitutional challenge to state laws to be filed in either Cook or Sangamon counties.
The Illinois House on Thursday gave final passage to a set of amendments to House Bill 3062, a measure supporters say is intended to put a stop to what they describe as “venue shopping.” The Senate originally passed the amendments on Friday, May 19, by a vote of 37-16. The House concurred with those amendments by votes of 69-35. It clears the way for the measure to head to Gov. JB Pritzker.
In the last few years, the state has been named as a defendant in a flurry of lawsuits challenging the constitutionality of COVID-19-related executive orders as well as high-profile laws eliminating cash bail and banning assault-style weapons.
Litigation over those issues was filed in several of Illinois’ 102 counties, based on where various plaintiffs either lived or believed their constitutional rights were violated. Similar suits were eventually consolidated, but sometimes not until after judges from multiple jurisdictions issued conflicting rulings, creating confusion until an appellate court could rule on the matter.
“There has been considerable judge shopping as a tactic that has been used by litigants to secure sweeping court orders blocking state policies by steering cases to judges perceived to be sympathetic to these causes,” the bill’s sponsor, Rep. Jay Hoffman, D-Swansea, said during House debate Thursday.
Rep. Jay Hoffman, D-Swansea, is pictured on the House floor Thursday during debate on a bill that would require constitutional lawsuits against the state to be filed in Cook or Sangamon County. (Capitol News Illinois photo by Jerry Nowicki)
Several of the COVID-19 lawsuits were filed in southern Illinois courts by Bond County-based attorney Thomas DeVore. He gained statewide notoriety through the lawsuits and went on to become the unsuccessful Republican candidate for attorney general in 2022. DeVore was also the lead attorney in an Effingham County lawsuit challenging the assault weapons ban, one of two such suits currently on appeal before the Illinois Supreme Court.
Hoffman didn’t mention DeVore by name but did reference the attorney’s tactics during debate.
“One lawyer was charging people $200 just to have their name added as plaintiffs to the lawsuit,” Hoffman said.
Democratic proponents of the bill argued that limiting proper judicial venues to Cook and Sangamon counties is already law for certain types of cases.
Senate President Don Harmon, D-Oak Park, said that because most constitutional challenges against the state will inevitably end in an appeal to the state’s high court, the Attorney General is currently spending unnecessary resources fighting essentially the same case in multiple counties.
Senate President Don Harmon, D-Oak Park is pictured on the Senate floor Wednesday. (Capitol News Illinois photo by Jerry Nowicki)
“They all eventually end up in the (Illinois) Supreme Court,” Harmon said during the Senate’s debate last week. “Which, by the way, sits in Sangamon County and Cook County.”
Hoffman described many of the lawsuits filed against the state in the last few years as “frivolous” and echoed Harmon’s arguments about straining the resources of the attorney general’s office.
But Republican Rep. Patrick Windhorst, of Metropolis, rejected that argument, noting that Attorney General Kwame Raoul has been asking lawmakers for additional authority to take on cases in other areas of law throughout the spring session.
“This is the same attorney general’s office that has requested from this body additional authority to investigate and bring actions against crisis pregnancy centers this session, to bring actions against and investigate gun manufacturers this session,” Windhorst said Thursday. “It doesn’t seem that the Attorney General’s Office is lacking resources when they’re constantly coming to this body requesting more authority to do things. So I think that argument strains credulity.”
Rep. Patrick Windhorts, R-Metropolis, is pictured on the House floor Thursday during debate on a bill that would require constitutional lawsuits against the state to be filed in Cook or Sangamon County. (Capitol News Illinois photo by Jerry Nowicki)
Windhorst also argued that while it may be an inconvenience for the attorney general’s office to respond to cases in counties far from Chicago or Springfield, it is equally inconvenient for constituents in his district, which abuts the Ohio River, to seek justice far from their homes.
“You know, where I live, I’m closer to the state capitol of Tennessee than I am Illinois, and I’m almost as close to Atlanta, Georgia, as I am Chicago, Illinois,” he said. “So to say if this body passes an unconstitutional law, in order for me or another person in my community to contest that law, I’ve got to travel a great distance and bear that expense that comes with that, is not fair to the individuals in these communities.”
If the bill becomes law, any future lawsuit challenging the constitutionality of a state statute, rule or executive order would have to be filed in either Cook or Sangamon County. The bill also states that the legal doctrine of “forum non conveniens” – which holds that a court can dismiss a case, even though it has jurisdiction, if another forum is more convenient or appropriate – does not apply in such cases.
An additional amendment added in the Senate provides that the bill would not apply to cases arising out of disputes between the state and labor unions representing state employees.
Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to hundreds of print and broadcast outlets statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation, along with major contributions from the Illinois Broadcasters Foundation and Southern Illinois Editorial Association.
Illinois News
Classifieds
No More Potholes on Blue Devil Drive
Spread the loveBy Andrea Arens The meme is there’s two seasons in Illinois – winter and construction. That also will hold true for the Peotone School District but, unlike Chicago, many will appreciate the improvements. Blue Devil Drive, the street in front of the junior high that also provides access to the football field, baseball…
Dangerous Intersection A Topic at Board Meeting
Spread the loveBy Jeff Vorva The outcry was heard. Manteno Village Board Trustee Diane Dole reported at the April 15 board meeting that there have been a few safety changes at the intersection of 12000 North Road and Illinois Rt. 50, which is north of Manteno but not in the village. “Everyone is thankful to…
Rep. Haas Co-Hosts Rx Drop-Off Event
Spread the loveIn conjunction with other community partners, State Rep. Jackie Haas (R-Kankakee) is co-hosting a prescription drop-off event on Saturday, April 27, from 10 a.m. to 2 p.m., in the Northfield Square Mall East parking lot, 1600 N. State Rt. 50 in Bourbonnais. “I invite all District 79 area residents to come by and…
Peotone Police Blotter: April 12-16
Spread the loveApril 12: Peotone Police were dispatched to N. Railroad and E. North Streets for a report of a property damage vehicle accident. Peotone Police arrived on scene and confirmed no injury occurred. The responding officer spoke with the single driver involved, who advised while turning around he struck a parked vehicle. Owner of…
Peotone Library News
Spread the loveThe library now offers a monthly e-newsletter. Sign-up on the website at peotonelibrary.org. Then, at the bottom of the opening page, click on the Newsletter Signup box. Interested in the Homebound Delivery Program? Contact the Adult Services Department for more information and guidelines. Register for events on the website calendar or call the…
‘Success by 6’ Presents Free Trauma/Resilience Summit
Spread the loveSuccess By 6, a partnership initiative of the United Way of Kankakee and Iroquois Counties and the Community Foundation of Kankakee River Valley, is proud to announce a free Trauma and Resilience Summit on Tuesday, May 21, from 8:30 a.m. to 3:30 p.m., at Kankakee First Church of the Nazarene. This free, full-day…
St. Agnes Students Raise Funds for Diaper Pantry
Spread the loveStudents at St. Agnes School in Chicago Heights raised $1,650 during their Lenten service project to purchase diapers for Franciscan Health Olympia Fields’ diaper pantry for new moms in need. The project, “For the Sake of New Life,” spanned two weeks during Lent, when students filled baby bottle banks with money they earned…
Springfest 5K Run/1.5 Mile Walk a Grand Success
Spread the loveOn Saturday, April 13, Manteno American Legion was the site of an extraordinary event – the Springfest 5K Run/1.5 Mile Walk. Many thanks to those involved who made this event such a success, including the Manteno Legion, Manteno Women’s Auxiliary, Sons of American Legion, Manteno Boy Scouts and Girl Scouts, Manteno Police and…
Beecher Community Library News
Spread the loveCall the library at 708-946-9090 for programs that require registration. Youth Services A new take-and-make craft will be available on May 1. Pick up anytime! April 25 and 26, May 2 and 3, at 10 a.m., Beecher Bookworm Buddies: Enjoy stories, games, music, and a craft for small children in the meeting room.…
BHS Announces Third Quarter Honor Rolls
Spread the loveBeecher High School recently announced students named to its third quarter honor rolls. Congratulations to the following students!! High Honors Seniors: Quinton Allen, Alexis Barkus, Katelyn Bol, Adriana Cabrera, Tyler Cochrane, Kenneth Deems, Riley DeRoos, Nathan Diachenko, Julieta Dominguez, Jessica Ellerson, Ariana Fernandez, Giada Garza, Olivia Geringer-Spagnola, Caitlin Gill, Jack Hayhurst, Andrew Hering,…
WCCHC Offering Primary Care Services in Monee
Spread the loveThe Will County Health Department and Community Health Center will begin offering primary care medical services at its Eastern Branch Office in Monee, 5601 W. Monee-Manhattan Road, beginning in April. Primary care services at the Eastern Branch office will be available from 8 a.m. – 4 p.m., every Wednesday, effective immediately. Appointments are…
Moore Joins Federated Bank as AVP Community Banking Manager/Loan Officer
Spread the loveFederated Bank proudly announced the appointment of Shannon Moore as Assistant Vice President and Community Banking Manager, effective January 1. Bringing more than 15 years of extensive experience in the banking and mortgage lending industries, Moore is recognized for his exceptional leadership and commitment to community-focused banking solutions. Prior to joining Federated Bank,…
ECDA, Illinois Hispanic Chamber Partner for MWBE Certification Workshop
Spread the loveLocal business owners are invited to attend a ‘How to Become a Certified MWBE in Illinois’ Lunch n’ Learn session on May 7, at 11:30 a.m., at the ECDA office, 275 E. Court Street, Suite 201, in Kankakee. The City of Kankakee Economic and Community Development Agency has partnered with the Illinois Hispanic…
Monee Police Blotter: April 8 – 16
Spread the loveApril 8, at approximately 8:45 p.m., officers responded to a business in the 5800 block of Monee-Manhattan Road, to investigate an unwanted person. Upon the officer’s arrival, they spoke to the manager of the business, who said a male, who previously was told not to return because of past disturbances, showed up and…