Matchett v. Chicago Bar Ass'n

467 N.E.2d 271, 125 Ill. App. 3d 1004, 81 Ill. Dec. 571, 10 Media L. Rep. (BNA) 2131, 1984 Ill. App. LEXIS 2078
CourtAppellate Court of Illinois
DecidedMay 17, 1984
Docket82-1021
StatusPublished
Cited by15 cases

This text of 467 N.E.2d 271 (Matchett v. Chicago Bar Ass'n) 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
Matchett v. Chicago Bar Ass'n, 467 N.E.2d 271, 125 Ill. App. 3d 1004, 81 Ill. Dec. 571, 10 Media L. Rep. (BNA) 2131, 1984 Ill. App. LEXIS 2078 (Ill. Ct. App. 1984).

Opinion

PRESIDING JUSTICE LINN

delivered the opinion of the court:

Plaintiff, Hugh M. Matchett, a Chicago attorney, brought this libel action in the circuit court of Cook County seeking a declaratory judgment, injunctive relief, and damages against defendants, the Chicago Bar Association (CBA), the Chicago Tribune Company, and Field Enterprises, Inc., publisher of the Chicago Sun-Times. The motions to dismiss filed by all three defendants were granted, and plaintiff’s subsequent motions to vacate the dismissal and to amend his complaint were denied.

On appeal, plaintiff charges that the circuit court erred (1) in refusing his requests for both injunctive relief and a declaratory judgment, (2) in dismissing his complaint for failure to state a cause of action for libel, and (3) in denying his motion for leave to amend his complaint.

We affirm the decision of the trial court.

Facts

Hugh M. Matchett was a candidate for nomination by the Republican party for the office of justice of the appellate court in the March 16, 1982, primary election. The CBA, “[rjecognizing the responsibility of the legal profession to ensure that qualified judges are elected” (Anagnost v. Chicago Bar Association (1980), 83 Ill. App. 3d 466, 468, 404 N.E.2d 326, 327) and claiming a legitimate interest in the qualifications of candidates for judicial office, invited each candidate for judicial office voluntarily to submit to its evaluation procedures, the results of which would form the basis of a published listing indicating whether a particular candidate had been rated as “Highly Recommended,” “Recommended,” or “Not Recommended.” Although the candidates were informed of the criteria used by the CBA, the public was not, and the candidates were not informed of the results of the evaluation on each of the criteria.

In December 1981, Matchett submitted the required information to the CBA’s committee on evaluation of candidates, and an investigator reviewed his completed questionnaire, interviewed listed references and other attorneys, and considered other available products of his work. The committee compiled a detailed written report that was submitted to a hearing panel prior to the panel’s interview of Matchett. At the conclusion of the interview, the panel voted on its evaluation; and on January 13, 1982, the results were sent to Matchett in a letter from the president of the CBA that stated, inter alia, “I regret to advise you that the Committee has concluded that you do not meet its established criteria for this important office, by reason of age, and therefore found you ‘Not Recommended.’ ”

As Matchett was aware, the CBA has a policy of not recommending candidates for the office of judge of the appellate court if they are over 65 years of age and are seeking judicial office for the first time, unless they exhibit exceptional qualifications, the reason being they will not be able to complete one full 10-year term before the mandatory retirement age of 75. Matchett was 69 at the time of the CBA evaluation.

On February 22, 1982, the CBA issued a press release, explaining the process of evaluation and giving the final rating for each candidate. Matchett was rated “Not Recommended.” The Chicago Tribune reported the CBA’s action on the following day, February 23; the Chicago Sun-Times carried the story on February 24.

The Tribune article reported both the CBA’s unelaborated rating and Matchett’s comment:

“The bar association found only one judicial candidate unqualified: Hugh M. Matchett, a Chicago attorney running for the Republican nomination to the Illinois Appellate Court.
The association, in its press release, gave no reason for the rating. Matchett said it told him he received a ‘not recommended’ rating because of his age, which is 69.”

The Sun-Times article stated,

“The only judicial candidate found unqualified by the bar group was Hugh M. Matchett, a Chicago lawyer who is seeking the Republican nomination for the Illinois Appellate Court.
Matchett, 69, said the association told him he was unqualified because of his age. The bar group did not comment on the rating.”

On February 23, Matchett sent a letter to Kevin M. Forde, president of the CBA, requesting a retraction of the age rule on the grounds that not only is age an irrelevant criterion, but also age discrimination in employment has been expressly forbidden by the Illinois General Assembly. Further, on the basis of Forde’s letter to him, Matchett assumed that he had been found “Recommended” in all respects other than age, and therefore the CBA should issue a new statement rating Matchett as- either “Recommended” or “Well Recommended.” No action was taken by the CBA.

On March 12, 1982, four days before the primary election, Matchett filed this suit, claiming that he had been defamed in his professional capacity as an attorney and candidate for judicial office by all three defendants. The CBA was named because its “Not Recommended” rating implied that Matchett was not recommended on the basis of the overall investigation and evaluation, and the two newspapers because they used the word “unqualified” to describe the CBA’s finding; indeed, the Sun-Times stated that the CBA had rated Matchett as unqualified, while the Tribune reported the correctly worded rating but used the term “unqualified” to summarize the CBA’s evaluation of Matchett. Although the suit did not request a specific sum of money in damages, Matchett asked the defendants to submit proposals for a reasonable amount.

In addition, Matchett asked for a declaratory judgment against the CBA, stating that, aside from the age criterion, he had been found qualified or well qualified. Finally, Matchett moved for a mandatory injunction to compel the newspapers to publish both the letter he had sent to Forde and an apology or retraction concerning the CBA’s “Not Recommended” rating, as well as a negative injunction to restrain defendants from “any further conduct of the kind complained of,” which we presume to mean unelaborated ratings, ratings based on age, and interpretation of ratings using allegedly defamatory terms.

All three defendants filed motions to dismiss the complaint for failure to state a claim upon which relief may be granted, their main argument being that both injunctions requested could not be granted because of first amendment freedoms. In addition, they variously maintained that both the original press release and the newspaper reports concerning the CBA’s findings were entitled to a qualified privilege, and that Hatchett’s pleadings did not contain allegations and supporting facts sufficient to establish the “actual malice” necessary to overcome the privilege.

The trial court, without comment, granted the motions of all three defendants and dismissed the complaint with prejudice.

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467 N.E.2d 271, 125 Ill. App. 3d 1004, 81 Ill. Dec. 571, 10 Media L. Rep. (BNA) 2131, 1984 Ill. App. LEXIS 2078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matchett-v-chicago-bar-assn-illappct-1984.