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* I’m sure this has happened before, but I can’t remember when…
Illinois Supreme Court has dismissed a challenge of Chicago’s red light camera program after two justices “recused themselves and the remaining members of the Court are divided so that it is not possible to secure the constitutionally required concurrence of four judges for a decision,” according to the opinion filed by the court.
The lawsuit, Keating vs. the City of Chicago, claimed the program was illegally enacted.
The two recusing justices were Karmeier and Burke.
* The Tribune has more on Justice Burke…
Burke is married to Ald. Ed Burke, 14th, the chairman of the City Council Finance Committee. Burke has been critical of how Chicago selected its first red light camera vendor, Redflex Traffic Systems Inc. The company was fired by Mayor Rahm Emanuel amid a $2 million bribery scandal exposed by Tribune reporting.
The Tribune reported last year that Ed Burke wrote letters to the administration of then-Mayor Richard M. Daley in 2007 questioning the way the city awarded the red light camera business to Redflex , calling the relationship “suspect since its inception.” The veteran alderman is a friend and political ally of a longtime City Hall insider with ties to a Redflex competitor.
That rival, American Traffic Solutions Inc., also sought unsuccessfully to replace Redflex after they were fired. But the company, known as ATS, did win the contract to operate the city’s speed camera program.
The appellate court had earlier unanimously upheld a trial court decision in favor of the red light cameras.
posted by Rich Miller
Thursday, Nov 20, 14 @ 11:22 am
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Can’t get to 4? Truth is truly stranger than fiction. Slow down or take public transit. What a wacky thing this is.
Comment by A guy... Thursday, Nov 20, 14 @ 11:41 am
I had the same experience trying to organize a game of Bridge today.
Comment by Nicholas Thursday, Nov 20, 14 @ 11:43 am
This has happened a handful of times before. But it is a rare bird.
==PER CURIAM:
In this case, one Justice of this Court has recused himself and the remaining members of the Court are divided so that it is not possible to secure the constitutionally required concurrence of four judges for a decision (see Ill. Const. 1970, art. VI, §3). Accordingly, the appeal is dismissed. The effect of this dismissal is the same as an affirmance by an equally divided court of the decision under review but is of no precedential value. See Perlman v. First National Bank, 60 Ill. 2d 529, 530 (1975).
FITZGERALD, J., took no part. ===
Justice Fitzgerald recused himself and the remaining justices could not muster four votes. Think of all the legal fees spent to bring this matter to oral argument before the court. All for naught.
Comment by Jake From Elwood Thursday, Nov 20, 14 @ 11:43 am
Who are the lobbyists for Redflex and ATS?
Comment by just me Thursday, Nov 20, 14 @ 11:53 am
Wait a minute:
Didn’t Justice Burke recently opine on public pensions, even though her husband is a pension system member?
Comment by Yellow Dog Democrat Thursday, Nov 20, 14 @ 12:27 pm
Rich is right - it happens every now and then, but not often. In 2005, this happened in a case called Vill v. Industrial Commission. In 2004, the Court had two - South 51 Development Corp v. Vega and Commerce Bank v. Youth Services of Mid-Illinois. Some states have provisions for appointing pro tem Justices to fill out the Court when one or more members don’t participate.
Comment by kcjenkins Thursday, Nov 20, 14 @ 12:39 pm
@a guy:
I agree. And also:
“When riding your bicycle on Illinois roadways, you must obey the same traffic laws,
signs and signals that apply to motorists.”
- https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a143.pdf
(accessed 11/20/14 at 12:50pm).
Comment by Del Clinkton Thursday, Nov 20, 14 @ 12:51 pm
Karmeier recused himself from something. Did hell freeze over?
Why did he do that? Did he take money from the lobbyists? Oh wait, that has never stopped him before.
Comment by the Truth Thursday, Nov 20, 14 @ 1:07 pm
Don’t run a red light. Problem solved.
Comment by Demoralized Thursday, Nov 20, 14 @ 1:16 pm
I very good reason not to elect Justices who are married to politicians.
Comment by Percival Thursday, Nov 20, 14 @ 1:33 pm
Percival,
Or lobbyists!
Comment by Federalist Thursday, Nov 20, 14 @ 1:54 pm
In DuPage, for me the problem with red light cameras is not running red lights. It is right turns. I received one of those tickets although the camera did show me stop briefly. It was not a big deal and I paid it. But I do think the calibrations could have been off and the business at this corner has to be effected. Now I don’t turn right on red if there is a camera, much to the dismay of those behind me. I create a fair amount of road rage.
Comment by DuPage Grandma Friday, Nov 21, 14 @ 9:05 am