New law limits venue for constitutional lawsuits to Sangamon, Cook counties
By PETER HANCOCK
Capitol News Illinois
phancock@capitolnewsillinois.com
SPRINGFIELD – People who file lawsuits in state courts challenging the constitutionality of a state law, administrative rule or executive order will now have to file those cases in either Sangamon or Cook counties.
Gov. JB Pritzker on Tuesday signed House Bill 3062, which applies only to cases brought against the state or any of its officers, employees or agents in which the plaintiff seeks to have a law, rule or action declared unconstitutional or they seek an injunction on the grounds of constitutionality. However, it also specifically exempts cases arising out of collective bargaining disputes.
It cleared the General Assembly with only Democratic support.
The bill came in response to a flurry of lawsuits filed in recent years in courthouses throughout the state challenging such things as Pritzker’s COVID-19 mitigation orders, a law that would end cash bail, and, most recently, the state’s ban on assault-style weapons and large-capacity magazines.
Senate President Don Harmon, D-Oak Park, who sponsored the bill in the Senate, said those cases typically end up being consolidated, and most of them eventually end up before the Illinois Supreme Court, which sits in Springfield and Chicago.
But he also accused plaintiffs’ attorneys in recent cases of selectively choosing where they file their cases in order to improve their chances of finding judges who may be more sympathetic to their cause, a practice Harmon described as “forum shopping.”
“And what we have seen recently is similar cases being filed in scores of counties, causing the attorney general to have to defend the same action in multiple counties with forum shopping,” he said during floor debate on the bill. “This is a simple effort to make sure that all important, critical constitutional questions end up in the right venue.”
But Senate Republican Leader John Curran, of Downers Grove, accused Democrats of engaging in their own brand of venue shopping by restricting constitutional challenges to courts in Springfield and Chicago.
“Courts exist to serve the people, which is why they are located where people live,” he said in a statement after Pritzker announced the bill signing. “This legislation is clearly an attempt by the governor and the attorney general to send constitutional challenges to courts that they believe will be more favorable to the administration.”
Harmon argued that while Springfield is the state capital, Chicago is also a kind of second seat of state government.
“The statutes are actually replete with jurisdictional references to Cook and Sangamon as the two primary jurisdictions,” he said. “I think it’s the same reason that I have an office in Springfield and an office in Chicago; Leader Curran has an office in Springfield and an office in Chicago; the governor, the attorney general, all the constitutional officers have an office in Springfield and an office in Chicago. It is essentially an alternative place of government.”
Republicans, however, argued that it would inconvenience people who may be aggrieved by a state law or action but don’t live anywhere near Springfield or Chicago.
In the House, for example, state Rep. Patrick Windhorst, from the town of Metropolis on the banks of the Ohio River, noted that he lives closer to the state capital of Tennessee than he does to Springfield, and he is almost as close to Atlanta, Georgia, as he is to Chicago.
“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,” he said during floor debate in the House.
The language of HB 3062 originated in the Senate and was inserted as a set of amendments into a House bill that originally dealt with landlord-tenant relations. It passed the Senate on May 19 by a vote of 37-16. The House concurred with the amendments 69-35.
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.
Local News
Local priest under investigation for alleged abuse
A priest who has served at several southwest suburban parishes is under investigation for alleged sexual abuse of a minor. The Rev. Martin “Marty” Marren has been directed to step aside while the investigation takes place, according to the Chicago Archdiocese. Marren reportedly said he is innocent but agreed to cooperate with the investigation. Marren…
Caregiver charged in elderly exploitation in Palos Heights gold watch heist
A 41-year-old Chicago woman was arrested Monday on charges of financial exploitation of the elderly after allegedly stealing and pawning a 93-year-old Palos Heights resident’s watch. Police said the victim reported the theft Oct. 24, believing an in-home caregiver was responsible. Investigators used a description of the watch to locate it at a local pawn…
Palos Hills Honors Veterans with Heartfelt Memorial Service
With reverence and gratitude, Palos Hills honored its veterans Saturday at a moving memorial service, where community members gathered to pay tribute to those who have served and continue to serve. Veterans, local officials, and residents filled the Palos Hills Community Center, joining in a collective expression of respect for military service and sacrifice. The…
Basketball 2024-25: The Southwest Regional Publishing X/Twitter previews
Editor’s note: Coaches in the Southwest Regional Publishing coverage area are encouraged to submit preseason information by email to: mikeclarkpreps@gmail.com. Boys Acero-Soto: Wolf Pack looking to take step forward after 1-win season. Top 2 scorers return in senior Gs Cruz Lopez, Tony Macias. Also expected to contribute: G Favio Hernandez, C Alexander Bahena, PG Enrique…
Jack Elliott, Mount Carmel race into Class 7A quarterfinals
Jack Elliott is running again, and that spells trouble for the rest of Class 7A. Elliott, Mount Carmel’s senior quarterback and a Vanderbilt commit, missed time with an injury in the regular season. He was limited to passing when he returned. But in the Caravan’s 48-15 win against visiting St. Charles North on Nov. 9,…
Travis Stamm’s big night helps unbeaten Lyons roll
Travis Stamm of Lyons was noticeable in the first half Nov. 8, grabbing a pair of touchdown passes, but the savvy senior noticed something that the average fan likely did not. The Lions, in his estimation, were flat, even leading Downers Grove South by a pair of touchdowns. So, like a good captain, he took…
Loyola rallies to end Marist’s season in Class 8A second round
The deeper you go in the playoffs, the smaller the margin of error becomes. Marist found out how small Nov. 9 on their cozy home field. The RedHawks made only a handful of mistakes in the course of 48 minutes in their Class 8A second-round game against Loyola, but those miscues cost them dearly. The…
Steven Armbruster sets TD record as St. Rita advances
What stands out about St. Rita quarterback Steven Armbruster to Mustangs coach Martin Hopkins? “Steven works hard,” Hopkins said. “And he prepares very hard. When you work hard like he does in practice, the more comfortable you are on game day and that makes things easier for us. “Steven puts the team in good positions…
IHSA football playoffs: Second-round results, quarterfinal pairings
With seedings and records in parentheses. Class 7A and Class 8A are seeded 1-32, while the other six classes are seeded in two 1-16 brackets. Second round Class 8A Loyola 24, Marist 20 Lyons 63, Downers Grove South 20 Class 7A St. Rita 21, Willowbrook 9 Mount Carmel 48. St. Charles North 15 Class 6A,…
Neighbors
Local priest under investigation for alleged abuse
A priest who has served at several southwest suburban parishes is under investigation for alleged sexual abuse of a minor. The Rev. Martin “Marty” Marren has been directed to step aside while the investigation takes place, according to the Chicago Archdiocese. Marren reportedly said he is innocent but agreed to cooperate with the investigation. Marren…
Caregiver charged in elderly exploitation in Palos Heights gold watch heist
A 41-year-old Chicago woman was arrested Monday on charges of financial exploitation of the elderly after allegedly stealing and pawning a 93-year-old Palos Heights resident’s watch. Police said the victim reported the theft Oct. 24, believing an in-home caregiver was responsible. Investigators used a description of the watch to locate it at a local pawn…
Palos Hills Honors Veterans with Heartfelt Memorial Service
With reverence and gratitude, Palos Hills honored its veterans Saturday at a moving memorial service, where community members gathered to pay tribute to those who have served and continue to serve. Veterans, local officials, and residents filled the Palos Hills Community Center, joining in a collective expression of respect for military service and sacrifice. The…
Basketball 2024-25: The Southwest Regional Publishing X/Twitter previews
Editor’s note: Coaches in the Southwest Regional Publishing coverage area are encouraged to submit preseason information by email to: mikeclarkpreps@gmail.com. Boys Acero-Soto: Wolf Pack looking to take step forward after 1-win season. Top 2 scorers return in senior Gs Cruz Lopez, Tony Macias. Also expected to contribute: G Favio Hernandez, C Alexander Bahena, PG Enrique…
Jack Elliott, Mount Carmel race into Class 7A quarterfinals
Jack Elliott is running again, and that spells trouble for the rest of Class 7A. Elliott, Mount Carmel’s senior quarterback and a Vanderbilt commit, missed time with an injury in the regular season. He was limited to passing when he returned. But in the Caravan’s 48-15 win against visiting St. Charles North on Nov. 9,…
Travis Stamm’s big night helps unbeaten Lyons roll
Travis Stamm of Lyons was noticeable in the first half Nov. 8, grabbing a pair of touchdown passes, but the savvy senior noticed something that the average fan likely did not. The Lions, in his estimation, were flat, even leading Downers Grove South by a pair of touchdowns. So, like a good captain, he took…
Loyola rallies to end Marist’s season in Class 8A second round
The deeper you go in the playoffs, the smaller the margin of error becomes. Marist found out how small Nov. 9 on their cozy home field. The RedHawks made only a handful of mistakes in the course of 48 minutes in their Class 8A second-round game against Loyola, but those miscues cost them dearly. The…
Steven Armbruster sets TD record as St. Rita advances
What stands out about St. Rita quarterback Steven Armbruster to Mustangs coach Martin Hopkins? “Steven works hard,” Hopkins said. “And he prepares very hard. When you work hard like he does in practice, the more comfortable you are on game day and that makes things easier for us. “Steven puts the team in good positions…
IHSA football playoffs: Second-round results, quarterfinal pairings
With seedings and records in parentheses. Class 7A and Class 8A are seeded 1-32, while the other six classes are seeded in two 1-16 brackets. Second round Class 8A Loyola 24, Marist 20 Lyons 63, Downers Grove South 20 Class 7A St. Rita 21, Willowbrook 9 Mount Carmel 48. St. Charles North 15 Class 6A,…