Capitol Fax.com - Your Illinois News Radar » Illinois Supreme Court found way around constitutional question to kill legislator pay raise suit
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
CapitolFax.com
To subscribe to Capitol Fax, click here.
Illinois Supreme Court found way around constitutional question to kill legislator pay raise suit

Friday, Sep 23, 2022 - Posted by Rich Miller

* Background is here. From the Illinois Constitution

SECTION 11. COMPENSATION AND ALLOWANCES

A member shall receive a salary and allowances as provided by law, but changes in the salary of a member shall not take effect during the term for which he has been elected.

So, when the General Assembly voted to forgo scheduled cost of living pay increases after they were sworn into a new term, that clearly violated the constitution.

* But the Illinois Supreme Court completely sidestepped that question when it struck down a lawsuit filed by two former legislators who had voted to cut their pay. Here’s Capitol News Illinois

But in a 6-0 decision, the court declined to rule on the constitutionality aspect, saying the former lawmakers undercut their own case by voting in favor of the measures, touting them to the public and waiting too long to file their claims.

“We conclude that under the facts here, where plaintiffs, former legislators, agreed to, acquiesced in, and voted for the Salary Reduction Laws, plaintiffs cannot now be allowed to challenge the reductions in their salaries during their previous terms in office,” Justice P. Scott Neville wrote for the court. […]

During oral arguments, Attorney General Kwame Raoul’s office, representing Mendoza, did not challenge the finding that the legislative acts were unconstitutional, but argued that the former senators had effectively waived their right to any relief by voting in favor of the pay reduction bills.

It also argued that the former lawmakers waited an unreasonable length of time before filing their claims and that their claims should be barred by the statute of limitations, which is generally five years.

And the Supremes agreed.

       

11 Comments
  1. - Arsenal - Friday, Sep 23, 22 @ 10:49 am:

    Noland made a strategic mistake filing a writ of mandamus. That’s an equitable remedy, and “one who comes into equity must come with clean hands”. Writs of mandamus are also considered pretty extraordinary remedies, so courts are going to look for reasons to not grant them. Laches was, clearly, as good a reason as any.


  2. - Anyone Remember - Friday, Sep 23, 22 @ 10:58 am:

    It may not be “binding” on the Illinois Constitution of 1970, but the time limit on Court of Claims is 5 years.


  3. - Norseman - Friday, Sep 23, 22 @ 11:04 am:

    Perfect opinion IMHO. These politicians participated in a political stunt to garner votes knowing the bill they voted for was unconstitutional. The State’s lawyers and the Supremes hit on the perfect approach to prevent these pols from having their cake and eating it too.


  4. - Big Dipper - Friday, Sep 23, 22 @ 11:13 am:

    It is well settled law in Illinois that courts must avoid addressing a constitutional issue if there is any other way to dispose of the case. Because of separation of powers concerns, courts don’t want to invalidate legislation unless there is no other option.


  5. - Big Dipper - Friday, Sep 23, 22 @ 11:15 am:

    I should have said a constitutional challenge to a statute rather than constitutional issue in general.


  6. - Telly - Friday, Sep 23, 22 @ 11:21 am:

    A wise decisions — both legally and politically. In addition to preventing legislators from “having their cake” — as @Norseman put it — it also doesn’t upend previous rulings that blocked governors (or comptrollers) from cutting or suspending legislative pay, preventing stunts by both the legislative and executive branches.


  7. - well… - Friday, Sep 23, 22 @ 11:29 am:

    The Supremes were absolutely correct. The doctrine of laches is well-established. You cannot unreasonably “sleep on your rights” and then ask the court to find in your favor.


  8. - Oswego Willy - Friday, Sep 23, 22 @ 11:34 am:

    === Perfect opinion IMHO. These politicians participated in a political stunt to garner votes knowing the bill they voted for was unconstitutional. The State’s lawyers and the Supremes hit on the perfect approach to prevent these pols from having their cake and eating it too.===

    - Norseman - has this cold, pithy perfect.

    I hope things are remembered when any discussion is ginned up again to “no budget, no pay”

    Looking at the opinion and the cheering (rightfully so) to its end, keep the idea of this opinion, and the constitution in mind, to that political stunt too


  9. - Moe Berg - Friday, Sep 23, 22 @ 11:56 am:

    In noting that the legislator petitioners voted to block the pay increases they were seeking to be awarded retroactively the judges were also saying, “you killed your parents, don’t seek our sympathy because you’re orphans.”


  10. - Norseman - Friday, Sep 23, 22 @ 12:44 pm:

    Thank you OW.


  11. - Stu - Friday, Sep 23, 22 @ 1:24 pm:

    I hope Kane Co. voters remember this when Noland is up for retention.


Sorry, comments for this post are now closed.


* Pritzker calls some of Bears proposals 'probably non-starters,' refuses to divert state dollars intended for other purposes (Updated)
* Isabel’s afternoon roundup
* Friends of the Parks responds to Bears’ lakefront stadium proposal
* It’s just a bill
* Judge rejects state motion to move LaSalle Veterans' Home COVID deaths lawsuit to Court of Claims
* Learn something new every day
* Protect Illinois Hospitality – Vote No On House Bill 5345
* Need something to read? Try these Illinois-related books
* Illinois Hospitals Are Driving Economic Activity Across Illinois: $117.7B Annually And 445K Jobs
* Today's quotables
* Open thread
* Isabel’s morning briefing
* Live coverage
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

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

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

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

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

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


Loading


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

Archives
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
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




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