SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
This just in… Illinois Supreme Court consolidates pension cases in Sangamon County

Monday, Mar 3, 2014

* 10:42 am - The Illinois Supreme Court has ruled that all four pension reform lawsuits are to be consolidated and will be heard by a Sangamon County judge. The ruling is here.

Discuss.

- Posted by Rich Miller        


40 Comments
  1. - facts are stubborn things - Monday, Mar 3, 14 @ 10:47 am:

    proper venue


  2. - Anonymous - Monday, Mar 3, 14 @ 10:48 am:

    out with the new in the old?


  3. - I B Strapped - Monday, Mar 3, 14 @ 10:51 am:

    Thanks Rich for posting that.


  4. - G'Kar - Monday, Mar 3, 14 @ 10:59 am:

    Did the SUAA file their suit in Champaign County Friday?


  5. - veritas - Monday, Mar 3, 14 @ 11:02 am:

    Any knowledgeable insight regarding what this means going forward?


  6. - Obamas Puppy - Monday, Mar 3, 14 @ 11:04 am:

    Surprising


  7. - Norseman - Monday, Mar 3, 14 @ 11:05 am:

    At least 3 out of the 4 litigants are happy. IRTA was against consolidation and they wanted Cook as the venue.


  8. - Roadiepig - Monday, Mar 3, 14 @ 11:05 am:

    I agree with facts are stubborn things - get it out of the Cook county court system and hear it in Springfield. Should move it along to the Supremes quicker, with less likelihood of different results for each separate case. Good for all on both sides of the issue.


  9. - Langhorne - Monday, Mar 3, 14 @ 11:19 am:

    Makes sense to consolidate. Who is representing the state? Someone from lisa’s office, or expensive outside counsel?

    My crystal ball (purchased years ago) reveals these fears: if the decision throws out the pension bill, we may end up w the cullerton “health care or annual adjustment coercive approach”, then another lawsuit.

    If the decision tells the state to “pay up”, that may be used by some to push a progressive income tax, which would require all dem votes–esp difficult bec it is a CA, also requiring voter ok. More likely would be expansion of sales tax base, or expansion of income tax base, going after retirement income.

    The whole thing gets murkier if rauner wins. No easy choices


  10. - A guy... - Monday, Mar 3, 14 @ 11:27 am:

    That’s the second most important thing with regards to this case. Stay tuned for the most important.


  11. - Former Merit Comp Slave - Monday, Mar 3, 14 @ 11:30 am:

    A guy……Maag ruling?


  12. - Liberty First - Monday, Mar 3, 14 @ 11:36 am:

    hmm, the ruling says Supreme Court Rule 384 (commonality) is applied in part. So it sounds like the constitutional question will be considered as a framework to guide law and lawsuits in the future. I would interpret this as a win for employees and pensioners given past court rulings.


  13. - Norseman - Monday, Mar 3, 14 @ 11:47 am:

    === - G’Kar - Monday, Mar 3, 14 @ 10:59 am:

    Did the SUAA file their suit in Champaign County Friday? ===

    If they haven’t they might as well drive to Springfield to file.


  14. - girllawyer - Monday, Mar 3, 14 @ 12:26 pm:

    So how is it decided which of the 3 Sangamon County judges assigned to the individual cases gets the consolidated case? Does anyone know? Does the Chief Judge of Sangamon County (Graves) decide?


  15. - Capitol View - Monday, Mar 3, 14 @ 12:27 pm:

    judicially activate retired associate judge Stu Shiffman to take on the case in the Sangamon County court!


  16. - G'Kar - Monday, Mar 3, 14 @ 12:28 pm:

    SUAA claims their law suit is substantially different from the others because SURS already has a self managed plan as an option and they are the only one with a Money Purchase Plan that will lose value under SB 1.


  17. - RNUG - Monday, Mar 3, 14 @ 1:01 pm:

    Although you can never be sure, I expected at least 3 of the 4 to be consolidated in Sangamon County. As others have noted, it will get to the Supremes quick than goign through Cook. We all know it will be a landmark decision and it’s better it doesn’t start with a political taint to it.


  18. - Toure's Latte - Monday, Mar 3, 14 @ 1:11 pm:

    and away we go. I look forward to the commentary here.


  19. - wordslinger - Monday, Mar 3, 14 @ 1:13 pm:

    RNUG, as far as “political taint” goes, I’m pretty sure all judges are elected, lol. Given the electorate in Sangamon, the taint might go your way.


  20. - Mouthy - Monday, Mar 3, 14 @ 1:37 pm:

    Yea! says the SERS retiree…


  21. - VanillaMan - Monday, Mar 3, 14 @ 1:59 pm:

    This may force some of our statewide elected officials into visiting Illinois’ capital city.


  22. - Anonymous - Monday, Mar 3, 14 @ 3:06 pm:

    girllawyer, they usually split civil by odd case numbers go to one, evens to the other. and the chief judge picks the fun ones :)


  23. - RNUG - Monday, Mar 3, 14 @ 3:14 pm:

    - wordslinger - Monday, Mar 3, 14 @ 1:13 pm:

    Yeah, all the judges are elected but the ones here in Sangamon County haven’t been painted with quite the same tar brush as the Cook County ones.


  24. - RNUG - Monday, Mar 3, 14 @ 3:20 pm:

    As most of you know, I’ve thought this whole “pension reform” was a political game to be able to blame the ISC for atax increase.

    I got to thinking over lunch if a Sangamon County Judge were to find the law unconstitutional and the State then appeals to the Supreme Court, that the ISC could just decide it was already properly decided and not take the case, in effect affirming the trial level decision and opting out of (Madigan’s?) “blame game”. So the case could end up being decided with a wimper instead of a bang.


  25. - wordslinger - Monday, Mar 3, 14 @ 3:24 pm:

    –Yeah, all the judges are elected but the ones here in Sangamon County haven’t been painted with quite the same tar brush as the Cook County ones.–

    I haven’t noticed any lack of politics in Sangamon County, lol.

    No biggie. Whatever gets it to the Supremes the fastest is a-ok with me.

    And as someone in the private sector who enters into a lot of contracts — and lives up to my end of them — I’m confident they’ll do the right thing.


  26. - I B Strapped - Monday, Mar 3, 14 @ 3:50 pm:

    RNUG @3:20-Works for me!


  27. - Me1 - Monday, Mar 3, 14 @ 4:03 pm:

    After reading all the comments, bottom line, is this consolidation and the Springfield site good or bad for us petitioners?


  28. - Demoralized - Monday, Mar 3, 14 @ 4:09 pm:

    ==is this consolidation and the Springfield site good or bad for us petitioners==

    If you think judges are influenced by politics, the cynical person would say it’s good because these judges are elected in a county that is heavily populated with state employees.


  29. - gesquire - Monday, Mar 3, 14 @ 4:14 pm:

    RNUG@3:20
    Plus consolidating in Sangamon Co. gets a Cook County judge off the hook.


  30. - Walker - Monday, Mar 3, 14 @ 4:26 pm:

    I doubt any location bias and believe we will get a good ruling in either place.

    If there were any bias, it would be in favor of the plaintiffs in Springfield, surrounded by state employees.


  31. - Mama - Monday, Mar 3, 14 @ 4:36 pm:

    Remember we lost in the Sangamon Co court with the Insurance Premiums lawsuit. I hope we get a different judge this time around.


  32. - gesquire - Monday, Mar 3, 14 @ 4:46 pm:

    If that judge is assigned, I think the plaintiffs might ask for a change of judge.


  33. - RNUG - Monday, Mar 3, 14 @ 6:22 pm:

    Honestly, even though I prefer Sangamon, I don’t think the venue will make much difference other than the speed of the case. Of course, the judge can make a difference primarily on how much he already knows (as opposed to has to research) about the issues (contract modification, state pension constitutional law) but, again, that will also be more about how fast the case moves. While IL case law isn’t 100% in favor of the retirees, it is probably tilted somewhere between 90% and 95% that way.

    The Kanerva / Maag trial level ruling, IMO, went out of the way to find a justification for ruling in favor of the State; someday we’ll know if that decision was right or wrong.

    I don’t think whatever judge gets assigned to the “pension reform” case will be able to find a loophole … but that’s why we have lawyers and judges, to find the loopholes … so we have to wait and see on that one also.


  34. - enquiring mind - Monday, Mar 3, 14 @ 9:49 pm:

    Probably a silly question, but does this mean that there will be one judgment which will be effective for both retirees & active employees or could a judge rule differently for retirees under the old plan vs. active retirees which will retire under the new plan?


  35. - Just The Way It Is One - Monday, Mar 3, 14 @ 10:05 pm:

    Just as I voted for in a recent Q. of the Day, and, I believe, the Majority of those polled did so concur. Good. Wherever. Let’s get on with it, and I hope the Court acts expeDITIOUSly, seeing how much is obviously at stake for Illinois Government, not to mention the thousands of employees and their families awaiting this critical, initial, Trial-Court level Ruling, because as we all know, there’ll be more to COME after that “Lead-off Man/Hitter” is through with his at-bat at it…!


  36. - Yellow Dog Democrat - Monday, Mar 3, 14 @ 10:44 pm:

    RNUG:

    This case is kinda like a Cubs home game: probably not much to see, but we will watch just in case anything exciting happens, at least as long as there is beer.

    Truthfully, the arguments on both sides have been aired pretty publicly, and we aren’t really expecting much in the way of facts that we don’t already know.

    The similarities to medical malpractice are pretty eerie.

    I do not think the Supreme Court would pass on the case out of politics, but if it is their intent to strike it down they should not dally.

    Someone mentioned passing the Cullerton bill if this one crashes…do not bet on it…that one passed overwhelmingly with union support…I doubt the unions will support it if this one is struck by the courts.


  37. - RNUG - Tuesday, Mar 4, 14 @ 1:07 am:

    YDD,

    I agree the old Cullerton bill would probably be DOA after a retiree win. And to be clear, it was the union leaders, not necessarily the rank and file, supporting that bill.


  38. - RNUG - Tuesday, Mar 4, 14 @ 1:35 am:

    - enquiring mind - Monday, Mar 3, 14 @ 9:49 pm:

    Painting with just a broad brush, there are a whole bunch of differently situated classes involved in the various lawsuits. Just to name the obvious: ERI / non-ERI, retired / still employed, normal / level-payment, SURS normal vs cash balance, and one category I don’t think anyone has included - no longer working for the State but vested and eligible for a pension once they reach the required age. Each one of those categories have a different level of diminishment attached. You start slicing and dicing all that up, it could take a while to reach a decision and even longer to write it.

    Ideally, it will be a simple ruling the law is unconstitutional, period, due to diminishment and the pension clause protection, which, IMO, should be able to be arrived at fairly quickly.

    But if a court buys into the financial emergency / police powers argument or a court buys the consideration offset argument, that could lead to the slicing and dicing where you have to get into the minutia of each situation. Going that route could end up with a 200 page ruling which, any time it gets that complicated, usually makes for bad case law and just invites future lawsuits.

    So, to directly answer your question, I could envision a judge reaching different decisions for different classes, but I don’t see it being too practical in this case. I’m guessing the court will be pragmatic and just issue one broad decision.


  39. - facts are stubborn things - Tuesday, Mar 4, 14 @ 7:09 am:

    I suspect the court will be eager to send a message to the other branches of government, that the IL Constitution is not to be disregarded. I think Arizona ruling is a likely result in Illinois.


  40. - Vanthony - Tuesday, Mar 11, 14 @ 6:06 pm:

    I’m one of those different “classes”. Worked briefly in the private sector, paying social security, then several years in SERS, and then retired with about 30 years in TRS. So I collect my pension from SERS & TRS, plus a whopping $244 a month from Social Security. Sofar I think I understand everything and how it effects me, but now comes Medicare and TRAIL and the health insurance issues. Thank God for my union and competent state employees, and hopefully honest judges.


Sorry, comments for this post are now closed.


* SUBSCRIBERS ONLY - Supplement to today’s edition
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............


Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

          
        * T-Mobile offering free unlimited data refer-a-friend deal from next week
        * Nexus 7 takes center stage in Toyota’s Intelligent System
        * Learn these four oft-overlooked iOS 7 tips
        * Choose to play for the Light Side or Dark Side in Star Wars: Commander
        * Tesla Model S Software Update Brings iPhone Unlocking And Ignition Start
        * Best photo-collage making apps for Windows Phone
        * Lumia 2520 tablet shows up in The Source business guide by T-Mobile

        * LearnHowToBecome Gives You an Overview of a New Career Path
        * EE 4G Roaming Lands In 14 More Countries
        * Facebook ordered to respond to “class action” European privacy suit
        * Utah’s Cloud Software Startup Domo Hires a CFO
        * Learn how to turn your hardware napkin sketch into reality at Structure Connect
        * Cyanogen Beefs Up Its Executive Ranks With Hires From Electronic Arts, Facebook
        * Get a Room: Last-Minute Hotel-Booking Apps Compared

        * Reading Room: Rick Hahn speaks vaguely about September
        * Avisail finds power stroke in loss to Orioles
        * Danks leads White Sox into Bronx for weekend visit
        * Orioles 4, White Sox 3: Homers hector Noesi
        * Noesi unable to keep Orioles in the park
        * Limited number of callups to reinforce roster
        * Rodon's September plans not yet determined


        Main Menu
        Home
        Illinois
        YouTube
        Pundit rankings
        Obama
        Subscriber Content
        Durbin
        Burris
        Blagojevich Trial
        Advertising
        Updated Posts
        Polls

        Archives
        August 2014
        July 2014
        June 2014
        May 2014
        April 2014
        March 2014
        February 2014
        January 2014
        December 2013
        November 2013
        October 2013
        September 2013
        August 2013
        July 2013
        June 2013
        May 2013
        April 2013
        March 2013
        February 2013
        January 2013
        December 2012
        November 2012
        October 2012
        September 2012
        August 2012
        July 2012
        June 2012
        May 2012
        April 2012
        March 2012
        February 2012
        January 2012
        December 2011
        November 2011
        October 2011
        September 2011
        August 2011
        July 2011
        June 2011
        May 2011
        April 2011
        March 2011
        February 2011
        January 2011
        December 2010
        November 2010
        October 2010
        September 2010
        August 2010
        July 2010
        June 2010
        May 2010
        April 2010
        March 2010
        February 2010
        January 2010
        December 2009
        November 2009
        October 2009
        September 2009
        August 2009
        July 2009
        June 2009
        May 2009
        April 2009
        March 2009
        February 2009
        January 2009
        December 2008
        November 2008
        October 2008
        September 2008
        August 2008
        July 2008
        June 2008
        May 2008
        April 2008
        March 2008
        February 2008
        January 2008
        December 2007
        November 2007
        October 2007
        September 2007
        August 2007
        July 2007
        June 2007
        May 2007
        April 2007
        March 2007
        February 2007
        January 2007
        December 2006
        November 2006
        October 2006
        September 2006
        August 2006
        July 2006
        June 2006
        May 2006
        April 2006
        March 2006
        February 2006
        January 2006
        December 2005
        April 2005
        March 2005
        February 2005
        January 2005
        December 2004
        November 2004
        October 2004

        Blog*Spot Archives
        November 2005
        October 2005
        September 2005
        August 2005
        July 2005
        June 2005
        May 2005

        Syndication

        RSS Feed 2.0
        Comments RSS 2.0
        WordPress

        Loading


        * Fair share for Edgar?!..
        * Faith Coalition presses Quinn for rail jobs..
        * Rauner, Quinn in virtual tie in latest poll..
        * McCormick Place opts for wind power..
        * Gov. Pat Quinn working overtime to pay down sta.....
        * Rate Pat Quinn's new TV ad..
        * Sports world helps drive challenge..
        * Quinn and Rauner to debate in Peoria..


        * No suspects in shooting death of Chicago boy, 9
        * Last 4 hostages freed in suburban Chicago standoff
        * Appeals court says term limits can't be on ballot
        * U. of Illinois can expect presidential pay to rise
        * Criminal assault charge leads to officer's firing
        * Sheriff: Hostage takers shot through door
        * Marijuana town hall attracts hundreds in Chicago
        * Quinn, Rauner set on 3 traditional debates
        * 2 Americans arrested in Bali under suicide watch
        * Rauner urges immediate appeal to Supreme Court

        * Appeals court says term limits can't be on ballot
        * Marijuana town hall attracts hundreds in Chicago
        * Governor candidates commit to 3 traditional debates, none in Springfield
        * Manar, others tout school funding reform bill
        * Vallas attacks, Rauner defends businesses and investments
        * State retiree insurance premiums dropping to pre-July 1 levels
        * Vallas attacks, Rauner defends businesses, investments
        * State retiree insurance premiums to drop
        * Vallas attacks Rauner's businesses, investments
        * Rauner urges quick decision on term limits measure

        * Sears posts bigger loss as sales fall for 30th quarter
        * Is Drift the hippest eyewear brand in America?
        * 10 Things to Do
        * Dress code: "Business fun"
        * Meet the new Threadless: Fast-growing T-shirt maker Ript Apparel


        * Who sez da mare ain’t no real Chicagoan?
        * Court records shed new light on teen linked to mother’s death in Bali
        * Harvey standoff over; hostages rescued, two men in custody
        * Feds try to tie convicted drug dealer to cop slaying
        * Parents urge CPS to OK new Chatham site for Concept school
        * $1 million pledge changes Lewis’ ‘calculus’ — but not her timeline
        * National school union would put $1 million into Karen Lewis mayoral campaign
        * School closed as Harvey hostage standoff continues
        * Karen Lewis opens campaign fund for possible mayoral bid
        * James Foley was correspondent for Post-Tribune


        * Boy, 9, gunned down in backyard: 'Why? Just a child'
        * James Foley slaying: Negotiations, silence, then a chilling warning
        * Nanny service care.com sued over infant's death
        * Divvy bike-share expansion delayed until spring
        * State plans to boost Medicaid funding for contraception
        * More questions than answers for medical marijuana entrepreneurs
        * Boy, 9, shot to death on South Side
        * Man gets 15 years for impregnating girl, 12
        * Car drives into Northfield Mariano's, 4 injured
        * Body of Chicago woman killed in Bali returned to U.S. for second autopsy


        * Watchdog Applauds Investigation of Electric Supplier
        * Springfield Supt. Previews Coming School Year
        * Green, Libertarian Parties Await Approval For Nov. Ballot
        * The tale of the two-flat
        * Why The Rush? Term Limits Decision Time Deadline, Explained
        * Push Continues For School Funding Overhaul
        * Appellate Court Confirms: Term Limits Not Eligible For Ballot
        * Listen to State Week - August 15, 2014
        * 'PechaKucha' Highlights Unique Springfield Stories & Characters
        * (Cow) Tipping The Governor's Race


        * Bernard Schoenburg: Possible Ward 10 aldermanic candidates emerge as Griffin considers future
        * Illinois Attorney General Lisa Madigan: Cybercrime inevitable, so protect yourself
        * Eugene Robinson: The ones left behind
        * George Will: Fed up with cupcake cops
        * Appeals court says term limits can't be on ballot
        * Marijuana town hall attracts hundreds in Chicago
        * Governor candidates commit to 3 traditional debates, none in Springfield
        * Manar, others tout school funding reform bill
        * Michael Gerson: Rand Paul’s bogus outreach
        * Our Opinion: Double down on outside lottery management


        * Alongi's to give away tickets to veterans
        * Advisory group meets to discuss downtown Carbondale development
        * U of I Deputy Police Chief Skip Frost 8/21/2014
        * Champaign holds community service day
        * You're fired
        * Some good comes from family's search for Skipper
        * Tolono waives fees for new fire station
        * A bountiful crop
        * Reserves will balance Fisher school budget
        * Fed up with cupcake cops


        * Twitter caught in censorship dilemma over graphic images on site
        * California drought stings bees, honey supplies
        * Mcdonald's shuts four Moscow restaurants on watchdog's order
        * Berkshire defies short seller by adding to Chicago bridge stake
        * Vegas offering all but marriage to LGBT tourists

        * Roskam, Kirk speak to local business owner...
        * Roskam Talks Taxes - Alton Daily News
        * Roskam gives business leaders vision for f...
        * Roskam: Fighting human trafficking in the ...
        * Nadler, Roskam Introduce Bipartisan Resolu...
        * Rep. Nadler, Roskam Introduce Resolution C...
        * Rep. Roskam In Letter to Kerry: Stop Runni...
        * Reinvigorating The Antibiotics Pipeline - ...
        * What's next for Peter Roskam? - Chicago Su...
        * Inactive Congress Discussed - Alton Daily ...

        * Durbin calls for tougher train safety regu......
        * Daily Kos Elections Morning Digest: Mark P......
        * Officials looking to cut down on late Amtr......
        * Officials looking to cut down on late Amtr......
        * AUDIO: politicians and policymakers target......

        * Kirk Talks Imports and Exports...

        * Emanuel Calls On Rauner To Release 2013 Tax Information
        * TIF Workshop At CivicLab
        * CPS bans parent Rousemary Vega.
        * Jersey Jazzman. The myth of the burned-out older veteran teacher. We get better with age.
        * Movement in Hinsdale D86.
        * Sun-Times’ Mark Brown. Teachers ready to teach Rahm a lesson.
        * Updates, Day One: No Casino for Wabash?? (And no walkway for you!)
        * The Week In Chicago Rock
        * The Cub Factor: Bobbleheads We'd Like To See
        * Reality BobbleCubs


        * ICYMI: Term limits amendment — and citizens — lose
        * ICYMI: Rauner directs legal team appeal to Supreme Court
        * Rauner Response to False and Misleading Quinn Ad
        * ICYMI: Rauner ratchets up pressure on term limits question
        * Department on Aging Hosts Financial Summit to Strengthen Financial Abuse Protections of Seniors - Summit held during annual Adult Protective Services Conference




            Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller