Cincinnati Insurance v. Chapman

691 N.E.2d 374, 181 Ill. 2d 65, 229 Ill. Dec. 264, 1998 Ill. LEXIS 10
CourtIllinois Supreme Court
DecidedFebruary 3, 1998
Docket83223, 83241, 83312 and 83404
StatusPublished
Cited by38 cases

This text of 691 N.E.2d 374 (Cincinnati Insurance v. Chapman) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cincinnati Insurance v. Chapman, 691 N.E.2d 374, 181 Ill. 2d 65, 229 Ill. Dec. 264, 1998 Ill. LEXIS 10 (Ill. 1998).

Opinion

CHIEF JUSTICE FREEMAN

delivered the opinion of the .court:

The question presented for our review in these consolidated appeals is whether the Judicial Redistricting Act of 1997 comports with the mandates of the Illinois Constitution. For the reasons that follow, we hold that it does not.

BACKGROUND

The Redistricting Act of 1997

The 89th Illinois General Assembly passed Public Act 89 — 719 on January 7, 1997, and the Governor signed it into law on March 7, 1997. The legislation, which is referred to as the Judicial Redistricting Act of 1997 (the Act), took effect immediately upon its signing and repealed the Judicial Districts Act (705 ILCS 21/90 (West 1996)). See Pub. Act 89 — 719, §§ 90, 99, eff. March 7, 1997. The Act geographically restructures all five judicial districts throughout the State of Illinois for the purpose of electing supreme and appellate court judges. Specifically, section 5 of the Act states that "[t]he First Judicial District shall consist of Cook County and shall be comprised of Supreme Court Judicial Districts 1A, IB, and 1C.” Pub. Act 89 — 719, § 5, eff. March 7, 1997. Sections 10, 15, and 20 identify the townships within Cook County that shall comprise Districts 1A, IB, and IC. Pub. Act 89 — 719, §§ 10, 15, 20, eff. March 7, 1997. The Act also changes the boundaries of the remaining four judicial districts. To that end, sections 25, 30, 35, and 40 identify the various counties that shall comprise the Second, Third, Fourth, and Fifth Judicial Districts. Pub. Act 89 — 719, §§ 25, 30, 35, 40, eff. March 7, 1997. Section 45 states that "[a]ll judicial districts created by this Act for the purpose of electing judges shall not be altered by operation of any other statute, ordinance, or resolution.” Pub. Act 89 — 719, § 45, eff. March 7, 1997. Section 50 of the Act contains the implementation schedule for each of the newly created seven supreme court districts. Pub. Act 89 — 719, § 50, eff. March 7, 1997. Due to the creation of the new boundaries for the judicial districts, the Act also amends the Appellate Court Act (705 ILCS 25/1 (West 1996)) with respect to the election and retention of the appellate judges affected by the new boundaries created for judicial districts two through five. Pub. Act 89 — 719, § 95, eff. March 7, 1997. The Act further contains a severability clause (Pub. Act 89 — 719, § 55, eff. March 7, 1997) and certain amendments to the Election Code which require judicial elections to fill vacancies in the office of supreme court judge. Pub. Act 89 — 719, § 85, eff. March 7, 1997. The amendments provide that the Governor shall issue writs of election when vacancies occur on the supreme court.

The Cook County Litigation

On March 10, 1997, the Chicago Bar Association and the Illinois State Bar Association filed two lawsuits in the circuit court of Cook County against the Secretary of State and the State Board of Elections, seeking to enjoin implementation of the Act on the basis of its unconstitutionality. The circuit court ultimately ruled that the Act was unconstitutional in its entirety. Chicago Bar Ass’n v. Boyle, Nos. 97 — CH—2903, 97— CH — 2904 cons. (Cir. Ct. Cook Co. March 31, 1997). Specifically, the court found that the' Act contravened the constitutional prohibition against the subdivision of the First Judicial District and that these unconstitutional provisions could not be severed from the remainder of the Act. In addition, the circuit court ruled that even if the unconstitutional provisions could be severed from the remainder of the Act, the redistricting of judicial districts two through five was constitutionally infirm due to the fact that the legislature drew boundaries which impermissibly divided several judicial circuits. Furthermore, the court agreed with the plaintiffs’ contention that the Act’s special election provisions violated article VI, section 10, of the 1970 Constitution, which mandates that the term of office for a supreme and appellate court judge be 10 years. The court also found that the General Assembly did not comport with the requirement of article IV, section 8(d), that a bill be read by title on three different days in each house. The circuit court’s ruling was never appealed.

Effect of the Boyle Ruling

On April 7, 1997, the Fourth District of our appellate court took notice of the circuit court’s ruling in the Boyle case and ordered that appeals within the district should be processed according to the law as it existed prior to the Act’s effective date. See People v. Dainty, No. 4 — 97—0221 (4th Dist. April 7, 1997) (unpublished order). As a result, the appellate court transferred the appeal — which had been docketed according to the redistricting mandated by the Act — back to the appellate district in which it would previously have been docketed. Although the appellate court acknowledged that it was not bound by the circuit court’s ruling in Boyle, it recognized that a certain degree of uncertainty and confusion currently existed with respect to the proper constitutional venue for appeals in this state.

This court thereafter entered an administrative order in Dainty in which we (i) vacated the appellate court’s order and (ii) directed it to reinstate Dainty’s appeal. We further found that the "decision of the circuit court in Boyle is binding only on the parties thereto, as law of the case, and is not binding on the Supreme, Appellate, or Circuit Courts of Illinois.” We therefore ordered that the Fourth District "shall receive, docket, and process all appeals coming to it from those counties within its appellate jurisdiction as defined by the Judicial Redistricting Act of 1997.” Although both the Boyle ruling and the Dainty order are not before this court today, both cases played key roles in the causes consolidated for our review today.

The Current Litigation

The effect of the administrative order entered by this court in Dainty is at issue in Docket Nos. 83223, 83241, and 83312, all of which are original actions in this court for supervisory orders. We briefly set out the facts pertinent to each motion.

In Docket No. 83223, movant Cincinnati Insurance Company (Cincinnati) filed an appeal from a judgment of the sixth judicial circuit, Macon County, with the clerk of the appellate court for the Fourth District. The notice was eventually sent to the clerk of the Fifth District of the appellate court in accordance with the Act. On April 8, 1997, the appellate court, Fifth District, entered a per curiam order transferring the appeal to the Fourth District. Like the Fourth District in Dainty, the Fifth District noted that it was not bound by the actions of the circuit court of Cook County in the Boyle litigation, but nevertheless deemed it both appropriate and necessary, as a matter of comity, to recognize and acquiesce in the Boyle ruling. However, the Fifth District vacated its order and reinstated the appeal the next day in accordance with this court’s administrative order in Dainty. On May 6, 1997, Cincinnati filed a motion for supervisory order in this court, claiming that the Act is unconstitutional. Respondents, Warren F. Jesek, D.D.S., and Warren F. Jesek, D.D.S., Ltd., oppose Cincinnati’s motion.

In Docket No.

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Cite This Page — Counsel Stack

Bluebook (online)
691 N.E.2d 374, 181 Ill. 2d 65, 229 Ill. Dec. 264, 1998 Ill. LEXIS 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cincinnati-insurance-v-chapman-ill-1998.