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* A ruling yesterday from the 4th appellate district with citations removed…
The complaint, in part, requested (1) defendant, Lisa Madigan, in her official capacity as Attorney General of the State of Illinois, be enjoined from representing CMS before the Workers’ Compensation Commission (Commission) on cases involving “personal assistants,” based on her refusal to defend CMS’s determination that a personal assistant was not a State employee for purposes of the Workers’ Compensation Act, and (2) a special assistant Attorney General be appointed to represent CMS. That same month, the Attorney General filed a motion to dismiss pursuant to section 2-615 of the Code of Civil Procedure (Code), alleging the complaint failed to state a legally valid cause of action. In May 2016, the trial court granted the motion to dismiss with prejudice.
CMS appeals, arguing the trial court erred by dismissing its complaint for failure to state a cause of action. We affirm. […]
The motion to dismiss alleged (1) the Attorney General had the exclusive constitutional authority to represent the State, including its officers, employees, and agencies, when the State is the real party in interest in litigation and allowing CMS to choose private counsel would cause “chaos”; (2) the Attorney General was “vigorously defending” these workers’ compensation cases; and (3) the Commission had repeatedly rejected the very argument CMS sought to raise and ruled that personal assistants are employed by the State.
Like it or not, and the Rauner administration clearly does not, the attorney general is the state’s chief legal officer.
posted by Rich Miller
Friday, Jun 23, 17 @ 9:11 am
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Previous Post: *** UPDATED x1 - The plot thickens *** As if things couldn’t get any weirder
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This has implications far beyond this individual case. Going to be harder for Rauner to use outside counsel for his pet projects.
Time for Rauner to make peace with the Madigans
Comment by RNUG Friday, Jun 23, 17 @ 9:18 am
Was this the expected ruling or does Rauner have any reason to be surprised by it?
Comment by Seats Friday, Jun 23, 17 @ 9:21 am
Blagojevich / Filan didn’t like the fact that Bill Holland was the State’s chief auditor, i. e., Auditor General. Something about the East view from the second floor of the Capitol, perhaps?
Comment by Smitty Irving Friday, Jun 23, 17 @ 9:48 am
Does the Guv’s legal team ever win? Or are they only good for issuing political missives?
How long until they blame this on MJM and his daughter controlling and ruining this state?
Comment by Henry Francis Friday, Jun 23, 17 @ 9:48 am
It’s kind of scary they don’t understand the separation of powers doctrine.
Comment by Anonymous Friday, Jun 23, 17 @ 9:51 am
As with Wingman Munger, Gov. Gaslight likes complaint drones to carry out his wishes. He cannot implement his plans with independent operators — Mendoza, AG Madigan — looking over his shoulder.
Comment by Nick Name Friday, Jun 23, 17 @ 9:52 am
DopeyDuct not doing well ….GovJunk gets jammed by AG, Mayor, House Ds.\
Meanwhile Higher Learnin’ Commission threatenin’ future of a state universities and workers on I55 project are fillin’ in holes they just dug. DopeyDuct aka GovJunk lookin’ lame
Comment by Annonin' Friday, Jun 23, 17 @ 10:14 am
Seats, I would say this was the expected ruling for anyone who understands the historic role of the Attorney General and decades of legal precedence. So yes, it took the Rauner administration by surprise.
Comment by Original Rambler Friday, Jun 23, 17 @ 10:14 am
If you listen to the oral argument Murashko sounds in way over his head.
Comment by Anonymous Friday, Jun 23, 17 @ 10:37 am
== So yes, it took the Rauner administration by surprise. ==
My laugh for the day!
Comment by RNUG Friday, Jun 23, 17 @ 11:02 am
Another loss for Governor Rauner and the ill-advised taxpayer-funded lawsuits he controls.
Comment by Biscuit Head Friday, Jun 23, 17 @ 12:01 pm
To Annonymous:
Rauner does understand the separation of powers. He figured out how to buy it off with him $$$ and now has GOP legislators exactly where he wants them—under his thumb. He just hasn’t figured out how to buy off the judicial branch yet!
Comment by Johnny Justice Friday, Jun 23, 17 @ 12:04 pm