Lake v. State

928 N.E.2d 1251, 401 Ill. App. 3d 350, 340 Ill. Dec. 654, 2010 Ill. App. LEXIS 433
CourtAppellate Court of Illinois
DecidedMay 19, 2010
Docket5-08-0179
StatusPublished
Cited by12 cases

This text of 928 N.E.2d 1251 (Lake v. State) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lake v. State, 928 N.E.2d 1251, 401 Ill. App. 3d 350, 340 Ill. Dec. 654, 2010 Ill. App. LEXIS 433 (Ill. Ct. App. 2010).

Opinion

JUSTICE SPOMER

delivered the opinion of the court:

The plaintiff, an inmate at Centralia Correctional Center, appeals from the March 20, 2008, order of the circuit court of Clinton County dismissing his petition for common-law certiorari relief from a Court of Claims order dismissing his medical malpractice claim against the State and the Illinois Department of Corrections (Department). The plaintiff seeks the reversal of the circuit court’s dismissal of his petition. For the following reasons, we reverse the judgment of the circuit court and remand with directions.

BACKGROUND

On March 18, 2008, the plaintiff filed pro se in the circuit court of Clinton County a petition for common-law certiorari relief, seeking review of the Court of Claims’ dismissal of his medical malpractice claim against the State and the Department. The petition was titled “common-law petition” and requested that the circuit court “order a summons to issue in due form, directed to the Court of Claims to certify and bring the record of the proceedings of the Court of Claims before this court, and that [the Court of Claims’] order may be reversed and set aside.”

The plaintiffs petition alleged that by dismissing his claim for his failure to attach a physician’s affidavit of merit and written report, as required by section 2 — 622 of the Code of Civil Procedure (735 ILCS 5/2 — 622 (West 2004)), also known as the Healing Arts Malpractice Act, the Court of Claims “failed to protect [his] rights to a trial on the merits of his case” and thereby violated his right to due process. The circuit court did not hold a hearing on the petition and did not review the record of the underlying proceedings in the Court of Claims. On March 20, 2008, the circuit court dismissed sua sponte the plaintiffs petition, finding that it did not have jurisdiction over the petition and that “the relief sought can only be granted by an Appellate Court.”

The plaintiff timely filed a notice of appeal on April 8, 2008. The plaintiff filed his appellant’s brief on September 16, 2008, but the brief was defective, and on August 21, 2009, he was granted 21 days to show cause why it should not be stricken for its failure to comply with Supreme Court Rule 341 (210 Ill. 2d R. 341). On September 9 and December 7 the plaintiff filed motions for extensions of time in which to file an amended brief, both of which were granted.

The plaintiff filed his amended brief on January 19, 2010, to which he attached, inter alia, a purported copy of the Court of Claims order that disposed of his claim. This order was neither admitted into evidence nor considered by the circuit court, and there is nothing properly within the record on appeal that confirms the plaintiff’s recounting of the proceedings in the Court of Claims. The State has not filed an answer brief, contending that it is not properly a party to the appeal because the circuit court dismissed the plaintiffs petition prior to service being made on any State entity.

STANDARD OF REVIEW

Whether the circuit court properly exercised subject-matter jurisdiction is a question of law that we review de novo. In re John C.M., 382 Ill. App. 3d 553, 904 N.E.2d 50 (2008).

DISCUSSION

Initially, we note that because the record of the underlying proceedings in the Court of Claims is dehors the record on appeal, we cannot consider its contents in making our decision. Reviewing courts must determine the issues before them on appeal solely on the basis of the record made in the trial court. People v. Heaton, 266 Ill. App. 3d 469, 640 N.E.2d 630 (1994). “[Ejvidence which is not part of the record on appeal is not to be considered by a reviewing court [citation], and attachments to briefs on appeal, not otherwise before the reviewing court, cannot be used to supplement the record.” Heaton, 266 Ill. App. 3d at 476, 640 N.E.2d at 635.

The Court of Claims Act (Act) (705 ILCS 505/1 et seq. (West 2006)) created an exception to the doctrine of sovereign immunity by allowing parties to bring monetary claims against the State in the Court of Claims. It is the legislature’s responsibility to establish the conditions upon which suits against the State may be brought, and the General Assembly has determined that the Court of Claims has exclusive subject-matter jurisdiction over monetary claims against the State. Hyde Park Medical Laboratory, Inc. v. Court of Claims, 259 Ill. App. 3d 889, 893, 632 N.E.2d 307, 310 (1994).

The Act does not provide for any method for the review of decisions of the Court of Claims, and because the Court of Claims is not a “court” within the meaning of article VI of the Illinois Constitution of 1970 (Ill. Const. 1970, art. VI), its decisions are generally not subject to judicial review. Klopfer v. Court of Claims, 286 Ill. App. 3d 499, 502, 676 N.E.2d 679, 682 (1997). A narrow exception to this rule exists, though, in circumstances where a party alleges that the Court of Claims acted in a manner which deprived him of his constitutional right to due process. Reichert v. Court of Claims, 203 Ill. 2d 257, 261, 786 N.E.2d 174, 177 (2003).

The common-law writ of certiorari provides a means whereby a party who has no avenue of appeal or direct review may obtain limited review over actions by a court or other tribunal exercising quasi-judicial functions, unless the statute under which the body proceeded specifically denies review. Reichert, 203 Ill. 2d at 260, 786 N.E.2d at 177. The Illinois Supreme Court, in Rossetti Contracting Co. v. Court of Claims, 109 Ill. 2d 72, 79, 485 N.E.2d 332, 334-35 (1985), determined that because the Act neither expressly denies nor expressly provides for the review of actions of the Court of Claims, a petition for a writ of certiorari can be filed in the circuit court by a party alleging a violation of his due process rights. The scope of review for a petition for certiorari relief from a decision of the Court of Claims is quite narrow. The circuit court has subject-matter jurisdiction to determine whether the petitioner was afforded his due process rights, but it may not review the correctness of a decision based upon the merits of the case before the Court of Claims. Reichert, 203 Ill. 2d at 260-61, 786 N.E.2d at 177.

The Illinois Supreme Court has further held that a party’s due process rights are satisfied by the proceedings in the Court of Claims when an orderly proceeding is held and the party is provided with notice and the opportunity to be heard at a meaningful time and in a meaningful manner. Reichert, 203 Ill. 2d at 261, 786 N.E.2d at 177. Due process is not abridged where the Court of Claims merely misconstrues the law or otherwise commits an error for which its judgment should be reversed. Reichert, 203 Ill.

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Bluebook (online)
928 N.E.2d 1251, 401 Ill. App. 3d 350, 340 Ill. Dec. 654, 2010 Ill. App. LEXIS 433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lake-v-state-illappct-2010.