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*** UPDATED x1 - Governor’s office calls order “procedurally improper, violating elementary principles of fairness” *** Pritzker ordered to appear in Clay County

Friday, Aug 7, 2020

* Illinois Review

Governor JB Pritzker was ordered to appear before a Clay County judge next Friday at 1:00 PM to explain why he “should not be held in indirect civil contempt.” Failure to appear in court may result in warrant for arrest, the order says.

State Rep. Darren Bailey (R-Xenia) complained to the Clay County judge that Governor Pritzker is ignoring the court’s previous order and is exercising emergency powers concerning the COVID crisis extending beyond state law’s 30-day provision for such powers.

Click here to see the order, which was drafted by attorney Tom DeVore.

*** UPDATE *** Jordan Abudayyeh…

On the same day that the Governor asked the General Assembly to do more to keep Illinoisans safe, the House GOP is instead rejecting science and perpetuating a sideshow to this global pandemic. This motion for contempt is legally baseless, frivolous and a distraction from the serious crisis facing our state. Not a single member of the GOP caucus in the General Assembly has yet to publicly express their rejection of or outrage at this legal maneuvering that creates unnecessary confusion around public health guidance.

The issuance of the Order to Show Cause, without even allowing the Governor an opportunity to respond to the flawed motion for contempt, filed only days ago, is procedurally improper, violating elementary principles of fairness. The State is grappling with its most serious challenge to the lives and health of its residents - a global pandemic - with an increasing number of counties at a warning level today due to outbreaks of cases, and all the while the GOP is playing politics. The Governor will continue to focus on protecting public health and not on the political sideshow in Clay County.

- Posted by Rich Miller        

63 Comments
  1. - Huh? - Friday, Aug 7, 20 @ 1:46 pm:

    Appeal to quash in 3, 2, 1

    What no appeal yet? Waiting for the ink to dry?


  2. - Demoralized - Friday, Aug 7, 20 @ 1:46 pm:

    What an absolute joke. I’m embarassed for this judge and for Mr. DevVore. The fact that any of this is going on is a disgrace to the entire criminal justice system and is making an absolute mockery of it.


  3. - fs - Friday, Aug 7, 20 @ 1:46 pm:

    Asinine. That’s about as polite as I can put it.

    Also, how can you be in contempt of an order that was never final?


  4. - Motambe - Friday, Aug 7, 20 @ 1:47 pm:

    If nothing else, the COVID crisis is providing an entertaining political circus for our viewing pleasure.


  5. - Norseman - Friday, Aug 7, 20 @ 1:51 pm:

    Under no circumstances should the governor attend. This judge is a joke. It’s ridiculous to try and hold someone in contempt when they’ve been precluded by lawyer tricks from appealing the order.


  6. - 47th Ward - Friday, Aug 7, 20 @ 1:55 pm:

    Banana Republicans.


  7. - DownSouth - Friday, Aug 7, 20 @ 1:55 pm:

    The ridiculousness of it all is astounding.


  8. - NIU Grad - Friday, Aug 7, 20 @ 1:56 pm:

    Honestly, why not? Go down there and show off just how ridiculous this all is. If played right, this could be the “jump the shark” moment for Mr. Bailey.


  9. - Pundent - Friday, Aug 7, 20 @ 1:56 pm:

    On a day where we’ve recorded our highest death count as a country in 3 months and continue to see more counties in downstate Illinois rise to warning levels.


  10. - Centennial - Friday, Aug 7, 20 @ 1:56 pm:

    Stuff like this makes me feel bad for JB and his team. They worked their tails off, with nearly zero federal help, to successfully keep IL from becoming FL. Now they have to spend precious state resources playing games with these jokers. Ridiculous.


  11. - Club J - Friday, Aug 7, 20 @ 1:57 pm:

    Bailey and DeVore have truly been an embarrassment to the State of Illinois. Their actions put people in danger for nothing more than political grandstanding. They both think it’s funny to be having the Governor stand before this small town Judge who most likely just signed his career ending document to get praise from their group of followers.

    It’s times like these I wish I lived elsewhere.


  12. - Birdseed - Friday, Aug 7, 20 @ 1:59 pm:

    === to successfully keep IL from becoming FL ===

    LOLOL


  13. - Demoralized - Friday, Aug 7, 20 @ 2:00 pm:

    ==Go down there and show off just how ridiculous this all is.==

    Because Judge Barney Fife would likely attempt to throw him in jail. This is the guy who after all told us all that fishing is a Constitutional right. I don’t have much faith in a judge with that level of intellect.


  14. - Ron Burgundy - Friday, Aug 7, 20 @ 2:01 pm:

    The clowns want their circus. Frankly I find even the appearance of bias and the lack of judicial independence here disgraceful.


  15. - Donnie Elgin - Friday, Aug 7, 20 @ 2:03 pm:

    Equality before the law, plus the courthouse it is a quick 2 hours 15-minute drive from the capital


  16. - Nobody - Friday, Aug 7, 20 @ 2:03 pm:

    It does make you proud though that there are people that still believe in the Constitution, three equal branches of government. Furthermore Illinois is not a dictatorship and still governed by laws.


  17. - Frumpy White Guy - Friday, Aug 7, 20 @ 2:03 pm:

    JB should not step foot in that downstate courtroom. Don’t forget that the Governor is most certainly in a high risk category. His age and weight should be apart of his appeal.


  18. - Stu - Friday, Aug 7, 20 @ 2:03 pm:

    Oh my…just read the comments on Bailey’s Facebook posting of this.


  19. - Oswego Willy - Friday, Aug 7, 20 @ 2:05 pm:

    === Equality before the law===

    Will the judge be wearing a mask? Bailiff, mask? How about social distancing in court?

    Let’s not go into “equal under” and pretend the Trumpkins believe that nonsense. K?


  20. - Tired Teacher - Friday, Aug 7, 20 @ 2:06 pm:

    It is long past time to involve the Illinois Supremes to bring this nonsense to an end. It is also long past time for the Bar Assoc. to begin steps to discipline DeVore. What a terrible shame that anyone in our state had to spend time dealing with this utter nonsense. I am waiting to also hear Republican leadership directly take on Bailey; pretty much crickets right now.


  21. - Pundent - Friday, Aug 7, 20 @ 2:08 pm:

    =It does make you proud though that there are people that still believe in the Constitution=

    This should not make anyone proud. This is about “owning the libs” and making a mockery of the court system to make a political statement.

    It is exactly what it is.


  22. - OneMan - Friday, Aug 7, 20 @ 2:10 pm:

    Going to play lawyer here…

    The Governor is the commander-in-chief of the organized militia as such isn’t he always ‘on duty’ in that role?

    If so under article 12 of the Consitution of The State of Illinois.

    SECTION 5. PRIVILEGE FROM ARREST
    Except in cases of treason, felony or breach of peace, persons going to, returning from or on militia duty are privileged from arrest.

    “indirect civil contempt’ — is that even a thing? Does not seem to meet those guidelines.


  23. - ZC - Friday, Aug 7, 20 @ 2:11 pm:

    I see Florida has now passed IL for total number of deaths due to Covid.


  24. - Centennial - Friday, Aug 7, 20 @ 2:13 pm:

    === to successfully keep IL from becoming FL ===

    LOLOL

    Yeah. Overflowing ICUs are down right hilarious.


  25. - Teddy Salad - Friday, Aug 7, 20 @ 2:13 pm:

    The mouse that roared


  26. - Ron Burgundy - Friday, Aug 7, 20 @ 2:14 pm:

    -It is also long past time for the Bar Assoc. to begin steps to discipline DeVore.-

    I think you mean the Illinois Supreme Court through the ARDC - Attorney Registration and Disciplinary Commission. Bar associations in IL are voluntary and can’t discipline anyone. Anyone can complain to the ARDC about an attorney’s conduct, but I seriously doubt they would do anything here, if the allegation is abuse of judicial process, without a court making such a finding and referring the matter to the ARDC.


  27. - Pot calling kettle - Friday, Aug 7, 20 @ 2:15 pm:

    What a judge. Cannot even write a one paragraph order himself.


  28. - Nobody - Friday, Aug 7, 20 @ 2:15 pm:

    3 Equal branches of government.


  29. - Shytown - Friday, Aug 7, 20 @ 2:15 pm:

    I hope that the Republican establishment in Illinois enjoys having the party hijacked by Darren Bailey. He’s taking them deep into the gutter.


  30. - Derek Smalls - Friday, Aug 7, 20 @ 2:15 pm:

    Hopefully the AG will get this matter, and better yet, the entire case, in front of the 5th District Appellate Court ASAP and the 5th District will move past the theatrics and get to the substance of the underlying case. That is the last thing the plaintiff and the plaintiff’s attorney want.


  31. - Eloy - Friday, Aug 7, 20 @ 2:17 pm:

    Im guessing Kwame’s litigators are getting an earful from senior JB staff right now. Maybe that’s what precipitated the harsher statement in the earlier post.


  32. - Ron Burgundy - Friday, Aug 7, 20 @ 2:18 pm:

    -What a judge. Cannot even write a one paragraph order himself.-

    To be fair (and frankly I find the appearance of coordination between the Plaintiff, his counsel and the court disturbing here), many courts require a party filing a motion to include a proposed order with it. This is not unusual. The court is free to sign it as is, create their own, deny it, or amend it.


  33. - Last Bull Moose - Friday, Aug 7, 20 @ 2:18 pm:

    What does it take to impeach a judge?


  34. - No one - Friday, Aug 7, 20 @ 2:20 pm:

    Nobody

    This is Illinois


  35. - fs - Friday, Aug 7, 20 @ 2:20 pm:

    == 3 Equal branches of government.==

    As much as this judge believes he is the final word over what is the law in Illinois, he is not. He is the lowest rung on his branch, and terrible at his job at that. If he would ever properly issue an order and make it appealable, he would quickly learn that. But he apparently isn’t even a good enough judge to be able to do that simple procedure. And if he is not doing so intentionally, he is abusing the power of his bench for clearly political reasons, which should lead to sanctions.


  36. - 47th Ward - Friday, Aug 7, 20 @ 2:22 pm:

    === 3 Equal branches of government.===

    Your newfound support for the bed rock principle of separation of powers is noted. I’m certain you were absolutely appalled that the Trump administration refused to cooperate with (and outright obstructed) the Congressional and constitutional impeachment process.

    Also, Merrick Garland says “hello.”


  37. - Fixer - Friday, Aug 7, 20 @ 2:35 pm:

    A complaint to the Judicial Inquiry Board may in fact be necessary at this point.


  38. - Huh? - Friday, Aug 7, 20 @ 2:35 pm:

    “The mouse that squeeked”

    Fixed it for ya.


  39. - Lester Holt’s Mustache - Friday, Aug 7, 20 @ 2:36 pm:

    Actually, he should go. I would very much like to see Rep. Durkin, Sen. Brady and the entire Illinois republican congressional delegation spend time defending the jailing of their state’s governor over his COVID response. I’d especially like to see Rodney Davis’ defend that, right after contracting the virus.

    You want to end Bailey’s dreams of higher political office? Force every other republican in the state to publicly repudiate him and his fishin buddy judge on national television. Call their bluff, JB - it’ll be worth it in the long run.


  40. - Steve Rogers - Friday, Aug 7, 20 @ 2:38 pm:

    I thought Republicans didn’t like activist judges.


  41. - Back to the Mountains - Friday, Aug 7, 20 @ 2:38 pm:

    Illinois Supreme Court Supervisory Order in 3… 2… 1…


  42. - Graduated College Student - Friday, Aug 7, 20 @ 2:44 pm:

    Illinois has too many counties, especially downstate. The simplest, most poetic solution would be to simply have the GA abolish his jurisdiction next chance they get. Think of the savings for the waste and fraud types!


  43. - Ron Burgundy - Friday, Aug 7, 20 @ 2:48 pm:

    If I am reading my precedents correctly (and I haven’t checked things too carefully) it appears that whether or not he shows up in Clay County, if the judge enters an order finding him in contempt and seeks to jail or fine him, that becomes immediately appealable. The folks down there should be careful what they wish for.


  44. - Amalia - Friday, Aug 7, 20 @ 3:00 pm:

    the judge is infamous. he’s ridiculous with all sorts of clients.


  45. - RNUG - Friday, Aug 7, 20 @ 3:09 pm:

    Send an appropriate legal representative for the Governor, claiming the Governor himself is unable to attend due to the onging emergency. That way you haven’t ignored the order AND you make a statement that the emergency is ongoing.

    Since the Governor is being sued for exercising his official duties, send the Attorney General. Then, if the judge does something stupid, file an immediate appeal to the IL SC claiming a need for immediate resolution.


  46. - South of I-64 - Friday, Aug 7, 20 @ 3:15 pm:

    This “Judge” left his home county years ago (Jefferson) because he couldn’t get elected or appointed to anything. He’s always been a gadfly and…never thought of as too smart.


  47. - Club J - Friday, Aug 7, 20 @ 3:22 pm:

    Just imagine Governor Pritzker walking into Clay County Court House with six attorney’s surrounding him. Then there’s Bailey and DeVore standing there with those cheesy smiles like oh damn. Let Judge McFlurry start explaining why the Governor should be in jail.


  48. - pool boy - Friday, Aug 7, 20 @ 3:25 pm:

    Beyond amazing, I agree with Ron Burgundy, “Should be careful what they wish for”.


  49. - Donnie Elgin - Friday, Aug 7, 20 @ 3:32 pm:

    “This “Judge” left his home county years ago (Jefferson) because he couldn’t get elected or appointed to anything. He’s always been a gadfly and…never thought of as too smart”

    He was recommended by the Illinois Bar association.

    https://www.isba.org/sites/default/files/judicialevaluations/2016general/4circuit.pdf

    https://www.isba.org/sites/default/files/judicialevaluations/2016general/4circuit.pdf


  50. - Just Observing - Friday, Aug 7, 20 @ 3:32 pm:

    I ask this genuinely. And I’m in support of Pritzker’s efforts. But… is Pritzker not in contempt. Why has this not been appealed? Surely, people on there arguing the Gov. should just ignore this “clown” of Judge is not the appropriate response.


  51. - Nobody Sent - Friday, Aug 7, 20 @ 3:33 pm:

    I wouldn’t expect the ARDC to get involved. They don’t like touching things like this.


  52. - don the legend - Friday, Aug 7, 20 @ 3:36 pm:

    “Preposterous, Ridiculous, Outrageous.”
    J. Chiles Esq.


  53. - Rich Miller - Friday, Aug 7, 20 @ 3:36 pm:

    ===Why has this not been appealed?===

    Because the ruling isn’t finalized.


  54. - Ron Burgundy - Friday, Aug 7, 20 @ 3:39 pm:

    -He was recommended by the Illinois Bar association.-

    With the lowest scores in every category for retention judges in that circuit, especially in temperament and impartiality.


  55. - Norseman - Friday, Aug 7, 20 @ 3:45 pm:

    Just Observing, Rich gave you the quick answer. The long read would be today’s earlier post discussing the AG response, the one mentioning “bad faith abuse of the legal process.”


  56. - Aaa1 - Friday, Aug 7, 20 @ 3:47 pm:

    A big win for the freebumb movement.


  57. - JoanP - Friday, Aug 7, 20 @ 3:52 pm:

    =“indirect civil contempt” — is that even a thing?=

    Yes. Contempt, civil or criminal, is indirect if the basis of the contempt occurred outside the presence of the court.

    Civil contempt seeks to coerce someone into performing an act, while criminal contempt punishes an act.

    A very common example of indirect civil contempt is when someone doesn’t pay child support and is jailed until they do.


  58. - Ron Burgundy - Friday, Aug 7, 20 @ 3:53 pm:

    To the update: So, I guess he’s not going.

    And I totally agree with the reasoning. The rulings down there seem, how should I say, predetermined.


  59. - Oswego Willy - Friday, Aug 7, 20 @ 3:58 pm:

    === The State is grappling with its most serious challenge to the lives and health of its residents - a global pandemic - with an increasing number of counties at a warning level today due to outbreaks of cases, and all the while the GOP is playing politics. The Governor will continue to focus on protecting public health and not on the political sideshow===

    It’s quite clear, for a very long time.

    The Eastern Bloc / Hateful Eight, at the time of their choosing, will decide to take control of the party narrative… and the governor and Dems will allow it to be seen as the new narrative of the party too.

    This is how the imploding Rauner did will end, with extremists, regionally minded, non-including members of the party being seen and accepted by outsiders and the party unable to control the messaging inside.

    This lil statement says way-way more to everything politically than some silly lawsuit.


  60. - West Side the Best Side - Friday, Aug 7, 20 @ 4:08 pm:

    AG’s Office should appear to try to get something issued that can be appealled. Nothing done in Clay County, besides not applying anywhere else in the State, has been a final appealable order. So far it’s just Bailey, DeVore and Judge Oliver Wendell Fisherman getting themselves 15 more minutes of fame.


  61. - dan l - Friday, Aug 7, 20 @ 4:13 pm:

    do you guys think you have to dress up when you go to court in Clay County? Or is it more like the texas road house, kind of a come as you are vibe.


  62. - Jibba - Friday, Aug 7, 20 @ 4:15 pm:

    ===Not a single member of the GOP caucus====

    This is the appropriate response. Clay County is a yappy sideshow to the main event, and it eventually will be dealt with properly by lawyers and higher courts. Ignore it. The main attractions are covid and the fair tax. Keep the attention on those.


  63. - G falkes - Friday, Aug 7, 20 @ 4:17 pm:

    First off if he’s genuinely afraid because of comorbidity, then don’t go. BUT, I’d be tempted to go and assert friendly contempt to get it immediately appealed. If the judge actually does throw him in jail, it’s a Birmingham jail moment that shows how far he’ll go to protect folks in this state. The appellate court would issue an immediate bond, I’m sure. I’d want to stare that judge in the eye and make him blink.


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