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A downstate judge on Friday denied the attorney general office’s request to move to Sangamon County a Republican representative’s lawsuit challenging Gov. JB Pritzker’s authority to issue successive disaster proclamations.
Rep. Darren Bailey, of Xenia, filed his case on April 23 alleging the governor overstepped his power by declaring more than one state of emergency to address the COVID-19 pandemic. […]
The state argued the move was warranted because the county is the seat of Illinois government, the case has statewide implications and relevant witnesses are located in the county.
Thomas DeVore, Bailey’s attorney, argued in a court document that the state’s request reflects its “motion for substitution of judge cloaked as a forum change for ‘convenience.’”
Devore wrote that the appeal for venue change is being used as a “vehicle for Pritzker to forum shop for a favorable ear,” when such a request would properly be used as “a device to remedy a situation in which the existing forum is truly inconvenient for all parties.”
* Law Bulletin…
[Judge McHaney] referenced a 2002 Illinois Supreme Court case, First American Bank v. Guerine, which clarified the standard judges should follow when considering a forum non conveniens request to move a case from the plaintiff’s preferred venue.
In that ruling, the justices said one of their concerns was “curtailing forum shopping by plaintiffs.” Judges must give more weight to the plaintiff’s choice of venue unless the defendant can show that forum is inconvenient to the defendant and that another forum is more convenient to all the parties.
McHaney said the concern of forum shopping also applies to defendants.
“Now, I’m not accusing you, defense, of judge-shopping, but if it walks like a duck and quacks like a duck…” McHaney said in court Friday.
Rep. Bailey has the perfect judge.
* Sun-Times…
Finally, McHaney said, “this case needs to be heard. I mean now.” Bailey attorney Tom DeVore told the judge he would file a summary judgment motion Monday, and the judge set a hearing for Friday.
The judge told the lawyers, “I don’t need to hear two days of testimony from a medical expert that if these executive orders aren’t continued the world is going to end. I don’t need to hear that. This is a legal issue, a legal argument on whether this governor had the authority to issue this executive order under Illinois law and pursuant to the Illinois Constitution. Period. That ain’t hard.”
The judge also overruled complaints from Verticchio that the state wouldn’t have time to prepare for the hearing by Friday, insisting that, “it’s not asking too much pursuant to the citizens of this state that every hour that goes by they’re being deprived of the right to leave their house or make a living.”
posted by Rich Miller
Monday, May 18, 20 @ 12:28 pm
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It’s pretty clear McHaney already has his mind made up on this.
Comment by TheInvisibleMan Monday, May 18, 20 @ 12:34 pm
What’s the over/under for the length of time before an appeal is filed?
Comment by Huh? Monday, May 18, 20 @ 12:35 pm
He seems..impartial./s
Comment by JS Mill Monday, May 18, 20 @ 12:40 pm
McHaney is married to the former Democrat County States Attorney.
Comment by Downstate Monday, May 18, 20 @ 12:42 pm
If it walks like a duck, and quacks like a duck, it just might be exactly the hometown Judge that Bailey is counting on.
Comment by slow down Monday, May 18, 20 @ 12:44 pm
=== The judge also overruled complaints from Verticchio that the state wouldn’t have time to prepare for the hearing by Friday, insisting that, “it’s not asking too much pursuant to the citizens of this state that every hour that goes by they’re being deprived of the right to leave their house or make a living.”===
… but i want to hear this with a fair and impartial mind.
This is comically sad.
Comment by Oswego Willy Monday, May 18, 20 @ 12:45 pm
There’s a Democrat County in Illinois? Learn something new every day.
Comment by Jibba Monday, May 18, 20 @ 12:45 pm
Judge McHaney is a good Democrat no doubt.
Comment by Donnie Elgin Monday, May 18, 20 @ 12:46 pm
A fair and impartial jurist indeed.
Comment by Winderweezle Monday, May 18, 20 @ 12:49 pm
There’s no need for Judge McHaney to hear the case. He’s already made his decision. He should issue his decision and let it move up the judical chain of review.
Comment by Froganon Monday, May 18, 20 @ 12:51 pm
==they’re being deprived of the right to leave their house or make a living.==
He’s already made up his mind. I have serious concerns about the judicial ethics of a judge who has clearly decided the outcome of a case before he has even heard it. This judge should be removed from the bench. He’s an embarrassment to the judiciary.
Comment by Demoralized Monday, May 18, 20 @ 12:57 pm
==Democrat County==
It’s Democratic. Don’t go down that road of being petty.
Comment by Demoralized Monday, May 18, 20 @ 12:58 pm
“Forum-shopping for Me but not for Thee.”
Well okay then, let’s just have the good judge’s decision - no need to actually argue the case.
Comment by dbk Monday, May 18, 20 @ 1:02 pm
I don’t think it’s forum shopping for Bailey. His office is literally right across the street from the courthouse.
Comment by Rural Stuff Monday, May 18, 20 @ 1:07 pm
Is it typical for a judge to issue a ruling BEFORE he’s heard evidence?
Comment by Morty Monday, May 18, 20 @ 1:07 pm
===“I don’t need to hear two days of testimony from a medical expert that if these executive orders aren’t continued the world is going to end. I don’t need to hear that. This is a legal issue,====
===insisting that, “it’s not asking too much pursuant to the citizens of this state that every hour that goes by they’re being deprived of the right to leave their house or make a living.”====
On one hand this has nothing to do with the health of our citizens but only the legal issues. On the other hand we need all evidence ASAP because this has to with the well being of our citizens.
Comment by Been There Monday, May 18, 20 @ 1:15 pm
This case is a complete waste of time, lterally. Majority of the state is going to reopen at the end of the month unless the trajectory shows something vastly different.
Comment by Anonymous Monday, May 18, 20 @ 1:19 pm
Enough with the arguments. Let me get to the verdict everyone knows I plan to render. Sigh.
Comment by Chicago Cynic Monday, May 18, 20 @ 1:32 pm
Bet the judges favorite law book is Alice in Wonderland
“No, no!” said the Queen. “Sentence first—verdict afterwards.”
Comment by DuPage Saint Monday, May 18, 20 @ 1:39 pm
sorry. That was supposed to read “Democratic County Chairman”
Comment by Downstate Monday, May 18, 20 @ 1:40 pm
“Is it typical for a judge to issue a ruling BEFORE he’s heard evidence?”
It is when the judge’s constitutional rights to go fishing are being violated. /s
Comment by Huh? Monday, May 18, 20 @ 1:52 pm
==“it’s not asking too much pursuant to the citizens of this state that every hour that goes by they’re being deprived of the right to leave their house or make a living.”==
Who exactly is preventing people from going to the grocery store and the pharmacy or even Menard’s to get a new Hot Water Heater, etc.?
The hearing could wait one week. Geez Louis..
Comment by Mama Monday, May 18, 20 @ 1:57 pm
“It is when the judge’s constitutional rights to go fishing are being violated. /s ”
It hasn’t stopped my brother-in-law from fishing in IL..
Comment by Mama Monday, May 18, 20 @ 1:58 pm
“This case is a complete waste of time, lterally. Majority of the state is going to reopen at the end of the month unless the trajectory shows something vastly different. ”
Will Bars and Restaurants open the end of May?
Comment by M Monday, May 18, 20 @ 2:01 pm
Hmmm. It’s not like Sangamon county is some hotebed for Democratic judges. Most are Republican I believe. So, moving the case to the capital city seems like a reasonable request. Now, if they wanted to move it to Cook County, then it would seem like judge-shopping.
Comment by Steve Rogers Monday, May 18, 20 @ 2:09 pm
I guess the powers of the Governor to protect us are trumped by Bailey’s right to put more of us at risk in the name of freedom. Freedom trumps safety. The rights of those at risk, are trumped by those who seek notoriety. Welcome to 2020.
Comment by Lincoln Lad Monday, May 18, 20 @ 2:15 pm
== There’s a Democrat County in Illinois? Learn something new every day. ==
“I want to go to there.”
Comment by Lt Guv Monday, May 18, 20 @ 2:29 pm
I guess they figure it will go up on appeal no matter who the judge is. but can’t they SOJ it? that judge is a horror show.
Comment by Amalia Monday, May 18, 20 @ 2:31 pm
“It hasn’t stopped my brother-in-law from fishing in IL..”
In the judge’s April order, he complained about his “constitutional right” to go fishing was being violated. Since then Pritzker has allowed fishing with a maximum of 2 in a boat.
Comment by Huh? Monday, May 18, 20 @ 2:46 pm
-In the judge’s April order, he complained about his “constitutional right” to go fishing was being violated.-
And he was always free to go sit on a bank by himself, or even to go jump in a lake.
Comment by Ron Burgundy Monday, May 18, 20 @ 2:52 pm
@ron burgundy- comedy gold and totally true.
Comment by JS Mill Monday, May 18, 20 @ 2:59 pm
“… pursuant to the Illinois Constitution. Period. That ain’t hard.” I don’t like this lawsuit, but I think he is right. Does the Governor have the right to do what he did or not?
If he doesn’t, well so be it. Do the same thing a legal way.
Comment by Bruce (no not him) Monday, May 18, 20 @ 3:22 pm
- Bruce, if the governor did nothing and one of your family members died from the virus, you would blame the governor for not doing anything. Right?
Comment by Mama Monday, May 18, 20 @ 4:39 pm
I agree with what the Governor is doing. But, if the way he is doing it is against the law, he needs to get it right and do it legally. if the judge rules as expected, I’m sure the AG has the appeal all written up and an injunction to keep things locked down until this can be decided by the ILSC.
Comment by Bruce (no not him) Monday, May 18, 20 @ 5:02 pm
“Before you hang him be sure to Give him a fair trial.”
Comment by Roy Bean Monday, May 18, 20 @ 5:11 pm
I guess the AG should have used that right to substitute judge on this one before it was too late. At some point, paying your attorneys less than your prison guards comes back to bite you.
Comment by the Patriot Monday, May 18, 20 @ 6:18 pm