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Harmon proposal would stop constitutional challenge venue-shopping
Wednesday, May 17, 2023 - Posted by Rich Miller * Senate President Don Harmon’s Senate Amendment 1 to HB3062…
Remember how the attorney general’s office was forced to rush from county to county last December to respond to identical SAFE-T Act lawsuits? Remember how a certain lawyer would venue shop his COVID and gun law constitutional challenges to get in front of friendly county judges? The Supreme Court eventually stepped in and consolidated the cases. But it was a chaotic mess. Well, those days would be over if this bill passes (and the courts uphold its constitutionality). The Senate Executive Committee will take up the amendment today, so I’ll likely update this post.
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- TheInvisibleMan - Wednesday, May 17, 23 @ 1:24 pm:
Looks good to me.
Some people/lawyers only seem to exist to push the larger society in the correct direction, as a direct response to their terribly incorrect actions.
- Red Ketcher - Wednesday, May 17, 23 @ 1:27 pm:
Makes Sense
Call it the ” McHaney Rule ” maybe ?
- Three Dimensional Checkers - Wednesday, May 17, 23 @ 1:32 pm:
Nice. There is at least some precedent in other statutes where venue is only proper in Cook and Sangamon for actions against the State.
- Boomer - Wednesday, May 17, 23 @ 1:34 pm:
The Constitution says all of the Circuit Courts are of general jurisdiction. Then why would the state get to pick the venue just so it is convenient to the AG. Also, Cook County is not the Capital County
- Norseman - Wednesday, May 17, 23 @ 1:35 pm:
Seems reasonable. What we really need is a fix at the federal level. It’s absurd the way the MAGA GOP politicians pick an obscure jurisdiction with a guaranteed result.
- Anyone Remember - Wednesday, May 17, 23 @ 1:45 pm:
About bloody time.
- Donnie Elgin - Wednesday, May 17, 23 @ 1:57 pm:
“It’s absurd the way the MAGA GOP politicians pick an obscure jurisdiction with a guaranteed result
”
Two Dem elected states attorneys are trying Trump, both ran on a promise to get him. But I’m sure they just picked those jurisdictions because they have such broad and politically diverse jury pools.
- Rich Miller - Wednesday, May 17, 23 @ 2:00 pm:
===But I’m sure they just picked those jurisdictions because===
Because they live there? lol
- Oswego Willy - Wednesday, May 17, 23 @ 2:01 pm:
===elected states attorneys===
The voters elected them, in a jurisdiction.
Do you understand how courts and state’s attorneys work?
- Shytown - Wednesday, May 17, 23 @ 2:06 pm:
This will help put Devore out of business. Sweet.
- H-W - Wednesday, May 17, 23 @ 2:51 pm:
This is a very reasonable policy.
- Big Dipper - Wednesday, May 17, 23 @ 2:52 pm:
==Also, Cook County is not the Capital County==
Which is why Sangamon is an option.
- Big Dipper - Wednesday, May 17, 23 @ 2:54 pm:
==Two Dem elected states attorneys are trying Trump==
Because he allegedly committed crimes in their jurisdiction. Do you think Texas prosecutors should try people for what they did in Georgia and New York?
- Chicagonk - Wednesday, May 17, 23 @ 5:13 pm:
Cook County?
- Chris - Wednesday, May 17, 23 @ 5:54 pm:
“ But I’m sure they just picked those jurisdictions because …”
That is the jurisdiction within which the alleged activity allegedly occurred.
- Anon324 - Wednesday, May 17, 23 @ 6:21 pm:
As a general concept, this makes sense. But the AG does have an office in Carbondale, so it seems including Jackson County would also make logical sense. From a legal standpoint, it reduces the odds of multiple county judges coming to multiple conclusions on the same subject matter, which is a problem when one “statewide” ruling comes into conflict with another “statewide” ruling as we have had with seemingly increased frequency.