* From the emergency motion for direct appeal…
Movants ask this Court to resolve whether, and to what extent, the Illinois Constitution permits the payment of the state employee payroll when the General Assembly and Governor have failed to enact appropriations statutes. At the heart of the matter is the constitutional separation of powers under which the General Assembly and the Governor must take action to enact annual appropriations statutes. Although the appellate court had settled this issue in AFSCME v. Netsch, 216 Ill. App. 3d 566 (4th Dist. 1991), holding that the Appropriations Clause prohibits the payment of the state eniployee payroll without an appropriation, the Circuit Court of St. Clair County has declined to follow that precedent, necessitating this Court’s intervention. This Court should permit direct appeal pursuant to Rule 302(b) from the conflicting temporary restraining orders entered by two circuit courts in this matter of great public importance raising constitutional questions that affect the core of the government’s operation.
Click here to read it all.
*** UPDATE *** From the AG’s office…
“We absolutely want State employees to be paid their full wages. But we must follow the Illinois Constitution. The law is clear: the State cannot legally pay all employees their full paychecks without a budget. Because there are now conflicting court orders on this critical constitutional issue, we have asked the Illinois Supreme Court to take the appeals in the cases and resolve them. The Court can provide important guidance on what the Constitution allows when the Governor and Legislature have failed to act. Ultimately, as we have repeatedly said, the only way to fully resolve this unfortunate and damaging situation is for the Governor and the Legislature to do their jobs and enact a budget.”
* She also filed two other things today…
* Appeal of St. Clair County ruling to appellate court
* Request to assert validity of Cook County TRO with appellate court
