Wednesday, February 18, 2015

Local Circuit Court Rules

Last November, the Illinois State Bar Association’s Task Force on Law School Curriculum held a public hearing in Rockford. Participants offered suggestions on how law schools could better prepare new lawyers. Comments were predictable centering on better writing skills and transactional and litigation preparedness. A senior practitioner added that schools should stress the importance of local court rules. And it is true that most lawyers learn the hard way that local court rules vary from circuit to circuit in Illinois.

For example, the local rules for Winnebago and Boone Counties limit briefs and memoranda to 15 pages. DuPage, Kane, DeKalb, and Kendall Counties limit briefs and memoranda to 10 pages, and Lake and McHenry Counties limit opening memoranda to 15 pages and replies to 5 pages. Courtesy copies must be supplied to the judge 7 days before the hearing in DuPage and McHenry Counties but only 5 days prior to the hearing in Lake County. Lake County uniquely requires that copies of cited out-of-state opinions be supplied to the court.

Southern Illinois University School of Law posts what it describes as links to “Illinois Circuit Court Rules on the Internet.” At one time the list was a great resource. But today it is so hopelessly out-of-date that it is useless. Links to selected northern Illinois local circuit court rules follow.

Cook County (here)
DeKalb and Kendall Counties (here)
DuPage County (here)
Kane County (here)
Lake County (here)
McHenry County (here)
Will County (here)
Winnebago and Boone Counties (here)

Tuesday, February 10, 2015

Governor Rauner Sued the Unions

Governor Rauner came out swinging in a lawsuit against public sector labor unions that is expected to go all twelve rounds. At issue is the section of Illinois Public Labor Relations Act that allows covered employees to refrain from organization and collective bargaining, but still requires those employees to "pay their proportionate share of the costs of the collective bargaining process..." In other words, you don't have to be a member of the union, but you still have to pay the union.  

The Governor's lawsuit alleges that the so-called "fair share" provisions are coerced political speech that violate the First Amendment of the United States Constitution. The lawsuit points out that the collective bargaining process is inherently political in nature because labor unions are some of the most powerful and politically active organizations in the state. The Governor's theory is that "compulsory fees constitute a form of compelled [political] speech" and that employees who do not want to join the unions cannot be forced to contribute money to a political cause with which they do not agree. 

The lawsuit also notes that in fiscal year 2015, general fund pension costs total more than $7.5 billion, which consume 24% of the states general revenues. To highlight the problem, the lawsuit notes that a state government employee represented by the unions who earns an average annual salary of $38,977 over the course of a 26-year government career contributes approximately $40,539 to the State's pension system, but is entitled to receive $821,588 in pension benefits over a twenty-year retirement, plus retiree health care. I'm no math major, but that does not seem right. 

Here is the complaint: