People Ex Rel. Chicago Bar Ass'n v. State Board of Elections

558 N.E.2d 89, 136 Ill. 2d 513
CourtIllinois Supreme Court
DecidedAugust 22, 1990
Docket69823
StatusPublished
Cited by78 cases

This text of 558 N.E.2d 89 (People Ex Rel. Chicago Bar Ass'n v. State Board of Elections) 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
People Ex Rel. Chicago Bar Ass'n v. State Board of Elections, 558 N.E.2d 89, 136 Ill. 2d 513 (Ill. 1990).

Opinions

JUSTICE CLARK

delivered the opinion of the court:

The Chicago Bar Association (CBA) filed this original petition for a writ of mandamus or writ of prohibition or supervisory order, asking this court (1) to direct the Illinois State Board of Elections to expunge its order certifying the candidacy of certain persons who had filed for the office of resident circuit judge for the Cook County March 20, 1990, primary election; (2) to enjoin Stanley T. Kusper, Jr., Cook County clerk, from certifying and proclaiming to the Board the March 20, 1990, primary election results as to the vacancies for the resident circuit judgeships at issue; (3) to enjoin the Chicago board of election commissioners from certifying and proclaiming to the clerk of Cook County the March 20, 1990, primary election results as to the vacancies for the three resident circuit judgeships from the City of Chicago at issue; (4) to fill the existing resident circuit judge vacancies at issue for terms expiring concurrently with the general election in 1992 and fill the existing associate judge vacancies with circuit judges for terms expiring concurrently with the general election in 1992; and (5) to continue to fill resident circuit judge vacancies as necessary for terms to expire concurrently with the general election of 1992; all pursuant to enactment of Public Act 86 — 786, effective September 6, 1989 (amending Ill. Rev. Stat. 1987, ch. 37, par. 72.2 et seq.) (hereafter amendatory Act).

We note that in the time since this action was filed and orally argued, the March 20, 1990, primary election in Cook County has been held, and the results of that election with respect to circuit judges in Cook County and the City of Chicago have been certified by Stanley T. Kusper, Jr., Cook County clerk, and the Chicago board of election commissioners. Accordingly, the issue now before this court is whether the results of that election should be declared null and void.

In allowing the CBA’s motion for leave to file the original petition for writ of mandamus, we ordered petitioner to join as respondents all persons seeking nomination and election for the five resident circuit court judge vacancies, an expedited briefing schedule was established, and the cause was set for oral argument on March 6, 1990, in Chicago. Subsequent orders allowed Neil F. Hartigan, Attorney General, State of Illinois, to intervene and the following to file amicus curiae briefs: Citizens for Court Reform, Special Commission on the Administration of Justice in Cook County and Criminal Justice Project of Cook County, Cook County Bar Association, and Chicago Conference of Black Lawyers. Prior to hearing oral arguments on March 6, 1990, our court declined to recuse itself pursuant to arguments proffered by amicus Chicago Conference of Black Lawyers. Respondents Illinois State Board of Elections and Cook County clerk Stanley T. Kusper, Jr., filed briefs with our court in which each indicated that its role was ministerial, that each took no legal position as to the CBA’s petition, and that each would abide by whatever decision this court reached. Additionally, numerous judicial candidates joined as respondents pursuant to our order also filed briefs.

Although the CBA’s second amended original petition for writ of mandamus argued that elections for five judicial vacancies should be enjoined (the resident circuit vacancies of Judges Manning, McDonnell and Kiley for inside the City of Chicago, and the resident circuit vacancies of Judges Trafelet and Marovich for outside the City of Chicago) based on its interpretation of the amendatory Act, at oral argument the CBA conceded that the Kiley and Marovich vacancies, filled by this court’s appointments on July 1, 1989, and May 5, 1988, respectively, were not at issue since those appointments preceded the effective date of the amendatory Act. The remaining vacancies, those of Judges Manning, McDonnell and Trafelet, had not been filled by this court, were vacant when the amendatory Act became effective (September 6, 1989), and were therefore subject to the provisions of the amendatory Act. The CBA contested placement of these vacancies on the primary ballot. Although not discussed by any party before this court, we note that, apparently pursuant to the amendatory Act’s provisions, the March 20, 1990, Cook County primary ballot also provided for the election of an additional at-large circuit court judge. Furthermore, a primary election was held in the Third Judicial District for two new appellate judge vacancies that were created by the amendatory Act.

Public Act 86 — 786, provides, in pertinent part:

“Section 1. ***

§1. ***

(b) In the first judicial district, 24 appellate court judges shall be elected. The 6 additional appellate court judgeships provided by this amendatory Act of 1989 shall be first filled at the general election in November of 1992. The first judicial district shall be divided into 5 units to be known as subdistricts. The subdistricts shall be compact, contiguous, and substantially equal in population; each shall be composed of 3 of the subcircuits ereated under Section 2e ***. The General Assembly shall create the subdistricts by law on or before July 1, 1991 using population data as determined by the 1990 Federal census. ***

(c) In the second judicial district, 6 appellate court judges shall be elected. In the third judicial district, 6 appellate court judges shall be elected. In the fourth judicial district, 4 appellate court judges shall be elected. In the fifth judicial district, 6 appellate court judges shall be elected.

* * *

Section 2. ***

§2e. (a) The Circuit of Cook County shall be divided into 15 units to be known as subcircuits. The subcircuits shall be compact, contiguous, and substantially equal in population. The General Assembly shall create the subcircuits by law on or before July 1, 1991, using population data as determined by the 1990 Federal census.

Section 3. ***

§2.***

(4) The County of Cook shall have 135 resident judges on and after the effective date of this amendatory Act of 1989. Of those resident judgeships, *** (iv) 45 shall be additional resident judgeships to be authorized and filled, as provided by law for the filling of vacancies, one each for the second through sixth of each 6 reductions upon vacancy in the office of associate judge in the Circuit of Cook County as those vacancies exist or occur on and after the effective date of this amendatory Act of 1989 ***. The Circuit of Cook County shall be divided into units to be known as subcircuits ***. A vacancy in the office of resident judge of the Circuit of Cook County occurring before the date the subcircuits are created by law shall not be filled until after there are less than 60 days remaining before the primary election to nominate judges for election at the general election in 1990; those that are filled shall be filled from the unit within Chicago or the unit outside Chicago, as the case may be, in which the vacancy occurs.

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Bluebook (online)
558 N.E.2d 89, 136 Ill. 2d 513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-chicago-bar-assn-v-state-board-of-elections-ill-1990.