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* June…
A group of landlords have accused Illinois Gov. JB Pritzker of overstepping his authority by extending his hold on evictions statewide amid the COVID-19 pandemic. The landlords say Pritzker has illegally interfered with their private contracts, unconstitutionally seized their property, and forced them to subsidize housing for tenants – including some who simply have refused to pay. […]
In short, the landlords said, the public health emergency that was used to justify the eviction moratorium no longer exists, or at least has abated to the point that the moratorium should now be considered illegal.
In addition, the plaintiffs claimed the evictions moratorium exceeded the governor’s authority.
* Circuit Judge John Anderson has ruled against the plaintiffs. The copy I have doesn’t allow for copy and paste, so I’ll summarize.
Judge Anderson noted that five federal judges and “virtually every” Illinois state court judge have upheld the governor’s authority to issue the executive orders. Just one judge, in Clay County, has ruled against the governor.
Anderson then went on to write that the Clay County judge’s rulings are “bereft of any meaningful legal analysis, and are wholly unpersuasive for that reason.” He also pointed out that the Clay County judge’s rulings, “like other trial court rulings,” aren’t binding on his court.
Heh.
The judge then went on to explain why he felt the other rulings by judges outside Clay County were persuasive and rejected the plaintiffs’ motion for a temporary injunction on all but one count, which he said didn’t look like a strong argument. It’s worth a read.
* Now, on to Clay County…
Illinois Governor JB Pritzker is now facing an Indirect Civil Contempt Motion in the Darren Bailey lawsuit to include a request he be placed in custody in the county jail.
The motion is based on the fact the Governor has ignored the Court’s prior orders and continues to issue Executive Orders as it relates to COVID-19.
The motion requests that Pritzker “be placed in temporary custody within the Clay County Jail until he purges himself by rescinding the above-mentioned executive orders.”
*** UPDATE *** The governor was asked about the Clay County filing today…
All I can say is the rulings out of Clay County have been ridiculous. There’s no other court that has ruled as they have on the matter that they ruled on. And in fact there’s a judge on Friday who specifically pointed to Clay County and said that the decision by that judge was bereft of any legal analysis. And I think that’s accurate.
posted by Rich Miller
Wednesday, Aug 5, 20 @ 12:11 pm
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Darren Bailey with grand visions of dozens, maybe even a hundred people, fervently chanting “Lock Him Up” as he announces his candidacy for governor.
Comment by Roadrager Wednesday, Aug 5, 20 @ 12:21 pm
I was thinking of typing a snarky comment or two until I read “until he purges himself by rescinding”. Quite the kangaroo court he’s found down in Clay County. Good luck getting that bailiff past ISP…
Comment by NIU Grad Wednesday, Aug 5, 20 @ 12:21 pm
What is the end-game here for landlords who get to evict everybody? Are there that many new tenants looking for housing, with first, last, and security deposit in hand?
Comment by Suburban Mom Wednesday, Aug 5, 20 @ 12:22 pm
“bereft of any meaningful legal analysis, and are wholly unpersuasive for that reason.”
That description is fitting for many of the cases I’ve reviewed from circuit courts. For that reason, I’m not a fan of elected judges. I’m also not a fan of politically appointed judges, either. I’m not sure there is any other way to do it, though.
Comment by Pelonski Wednesday, Aug 5, 20 @ 12:24 pm
The Messiah of Clay County is having a bad day.
Comment by Give Me A Break Wednesday, Aug 5, 20 @ 12:24 pm
Fishin buddies Bailey and McHaney should attempt a citizens arrest. Footage of them both standing out on 6th street or on the sidewalk of west Randolph chanting “Arreyest that feller” while waiving copies of this filing over their heads would really make my day.
Comment by Lester Holt’s Mustache Wednesday, Aug 5, 20 @ 12:25 pm
===Footage of them both standing out on 6th street===
Comment by Rich Miller Wednesday, Aug 5, 20 @ 12:27 pm
Gotta be honest, truly, never had “Lock Up Governor” on my Darren Bailey Bingo Card.
Thought of it maybe as “Free Space”, but really, even Bailey, “Lock Him Up”… that schtick is old/old, like mockingly old, ‘cept for the old angry white rural voters who couldn’t stand Hillary.
It dumbfoundedly … bad.
Comment by Oswego Willy Wednesday, Aug 5, 20 @ 12:27 pm
Rich, with today’s “Darren Bailey, Mayberry Moment”
Hilarious.
Comment by Oswego Willy Wednesday, Aug 5, 20 @ 12:28 pm
=“be placed in temporary custody within the Clay County Jail until he purges himself by rescinding the above-mentioned executive orders.”=
Somebody needs to spend a little time in the pokey but it isn’t JB.
Comment by JS Mill Wednesday, Aug 5, 20 @ 12:29 pm
“bereft of any meaningful legal analysis, and are wholly unpersuasive for that reason.”
That should be on Bailey’s yard signs.
Comment by Give Me A Break Wednesday, Aug 5, 20 @ 12:30 pm
Maybe if Rep Bailey’s hand picked judge would actually issue a full and complete ruling we could settle this. Instead, they keep playing games to keep it from leaving this judge’s hands.
Comment by Fixer Wednesday, Aug 5, 20 @ 12:35 pm
Rich it couldn’t have been summarized any better then that.
Comment by Hard D Wednesday, Aug 5, 20 @ 12:36 pm
I just finished viewing Bailey’s daily devotion from Lake Geneva. He said he had to go there for an Illinois convention because despite the lawsuit Pritzker wouldn’t allow it in Chicago. After all the damage he’s created the last two years Bailey want’s his followers to work hard to make sure Pritzker is gone in two years. Then he started reading from the Bible.
I did find it interesting the latest Devore wanted poster is anyone in Sangamon County getting a warning or fine from the Mayor or County to contact him and he will handle it. I guess he’s going to put his big boy pants on and come to Sangamon County and file some lawsuits. We’re not in Kansas anymore Dorothy.
Comment by Club J Wednesday, Aug 5, 20 @ 12:37 pm
And people in Hades want ice water.
This goes from farce to lunacy. That court case finished yet, judge? Just waiting for the spanking.
Comment by Jibba Wednesday, Aug 5, 20 @ 12:40 pm
Best thing ever: the judge made Rule 304a and 308 findings on his own motion, meaning the appellate court can take up the matter even if plaintiffs don’t appeal, which has apparently been Devore’s strategy so as to preempt any bad precedent against his clients.
Comment by DirtLawyer Wednesday, Aug 5, 20 @ 12:47 pm
I picture the ad for “Darren Bailey - Fightin’ For YOU”. Shows him giving himself uppercuts.
Comment by Sayitaintso Wednesday, Aug 5, 20 @ 12:47 pm
Doesn’t the Supreme Court have a judicial inquiry board for judges like this?
Comment by Leigh John-Ella Wednesday, Aug 5, 20 @ 12:49 pm
To clarify, I’m referring to the clay county “judge”
Comment by Leigh John-Ella Wednesday, Aug 5, 20 @ 12:50 pm
What is it about Republicans and conservatives who want to lock up their political opponents?
Lock him up! Lock him up! I can practically hear the chants already. Or maybe those are echoes of 2016?
Comment by 47th Ward Wednesday, Aug 5, 20 @ 1:03 pm
Whenever I see Darren Bailey team up with Thomas DeVore, I get this strong Laurel and Hardy vibe.
Comment by Rudy’s teeth Wednesday, Aug 5, 20 @ 1:10 pm
Just when you thought it couldn’t get any weirder.
Comment by pool boy Wednesday, Aug 5, 20 @ 1:13 pm
While Bailey trips merrily through the tulips of his own special Field of Lunacy, it was wonderful to read the Will County judge’s opinion and order, which slays so many of Bailey’s arguments that any appeal will likely result in a huge defeat. The fact that the judge certified several questions shows he’s alert to the fact of a likely appeal, and wants to move things along to gain appellate level answers to end this charade once and for all.
Comment by revvedup Wednesday, Aug 5, 20 @ 1:14 pm
2020 needs to end.
Comment by Fighter of Foo Wednesday, Aug 5, 20 @ 1:29 pm
> For that reason, I’m not a fan of elected judges. I’m also not a fan of politically appointed judges, either. I’m not sure there is any other way to do it, though.
FWIW, in Brazil, lower courts are filled by having every interested lawyer take a test, then they take the N highest-scoring lawyers and put them on the bench. Not sure if it’s better or worse, but there’s certainly other options.
Comment by country-knower Wednesday, Aug 5, 20 @ 1:29 pm
=== What is the end-game here for landlords who get to evict everybody? Are there that many new tenants looking for housing, with first, last, and security deposit in hand? ===
Short answer, yes — there are plenty of qualified renters out there need or wanting to move.
Longer answer, the need to get a non-paying tenant, turn-over the unit (e.g. clean, paint, etc.), and market to a potential new tenant is a better solution, for landlords, than the place being occupied by a non-paying tenant.
Comment by Just Observing Wednesday, Aug 5, 20 @ 1:34 pm
I can’t wait for JB’s 2022 campaign slogan, “look pal, I’m not goin to jail for you or anybody.”
Comment by the Patriot Wednesday, Aug 5, 20 @ 1:37 pm
Thought it was “liberal” judges who created constitutional rights out of whole cloth. Then Clay County judge Michael McHaney creates the “constitutional right” to fishing. /s
Comment by Anyone Remember Wednesday, Aug 5, 20 @ 1:42 pm
The Mayberry clip pairs nicely with Bailey/DeVore
show. Dumb and Dumber in their new series, Legal Stuff for Losers.
Comment by Froganon Wednesday, Aug 5, 20 @ 1:59 pm
I’m glad that Judge Anderson Concurred on my opinion on McHaney’s ruling. /s
It really didn’t take a law scholar to see the Clay ruling for what it was, nonsense. JB has nothing to fear with respect to his freedom.
Comment by Norseman Wednesday, Aug 5, 20 @ 2:17 pm
Still waiting to hear the downside of the General Assembly voting to merge Clay County into….say….Richland next session. Henry Clay owned slaves anyway.
Comment by Graduated College Student Wednesday, Aug 5, 20 @ 2:37 pm
“- pool boy - Wednesday, Aug 5, 20 @ 1:13 pm:
Just when you thought it couldn’t get any weirder.”
bailey/devore “Hold my beer”
Comment by Bruce (no not him) Wednesday, Aug 5, 20 @ 2:53 pm
Darren Bailey’s in Lake Geneva? Guess he had to scope the joint out for himself after Facebook righties kept accusing the governor of going there every weekend.
Comment by Roadrager Wednesday, Aug 5, 20 @ 3:13 pm
So, if one judge rules one way, and other judges rule the other, we should just ignore the one judge?
Good by me. Let’s eliminate the ability of lone judges to thwart the actions of officials elected by millions. Or does this principle only apply when the “ridiculous” judge isn’t on your side?
Comment by JB13 Wednesday, Aug 5, 20 @ 3:23 pm
==we should just ignore the one judge==
We should ignore the contention that this one judges ruling in once circuit governs the entire state.
==Or does this principle only apply when the “ridiculous” judge isn’t on your side?==
Another victim heard from.
Comment by Demoralized Wednesday, Aug 5, 20 @ 3:39 pm
The solution to the problem is not just allowing tenants not to pay. What are the landlords supposed to do? Tell the banks, county and utilities that they don’t have the money for the mortgage, taxes or power? Come on.
Comment by Denise Wednesday, Aug 5, 20 @ 3:49 pm
===even Bailey, “Lock Him Up”… that schtick is old/old,===
He must be a Banana Republican.
Comment by 47th Ward Wednesday, Aug 5, 20 @ 4:24 pm
A trial judge’s ruling in any particular county or circuit only applies to that county or circuit and, as Judge Anderson points out in his ruling is not precedent for any other judge. If the matter reaches the appellate level and if there are different rulings by different appellate districts, trial judges in other districts can choose which one they wish to follow. (Generally trial judges have to follow the ruling in their appellate district, unless different divisions within the district issue differing rulings, but don’t want to complicate things too much at this point.) When then Illinois Supreme Court rules that what every appellate and trial court have to follow. So, this is a very long way of saying, yes we should just ignore the ruling of one judge in Clay County. (And, in an act of judicial kindness,
Judge Anderson did not name the Clay County judge who issued a ruling “bereft of any meaningful legal analysis” while naming the other trial court judges who did provide legal reasoning in their rulings.)
Comment by West Side the Best Side Wednesday, Aug 5, 20 @ 4:35 pm
If Judge McHaney’s rulings only apply to Clay County, do the Governor’s Executive Orders stipulate that they apply to all of Illinois except Clay County? If not, he is in violation, and Bailey is right to ask the judge to enforce it.
Comment by Bob Wednesday, Aug 5, 20 @ 6:50 pm
Clay County is part of the 4th Circuit, which includes several other larger counties, with several other judges, and it appears they also uphold Judge McHaney’s ruling. The ruling itself says it applies to the whole state, so either way, it is not just Clay County.
Comment by Bob Wednesday, Aug 5, 20 @ 7:53 pm
I think ultimately the court decides what sanctions to levy not a state rep. But I’d be very interested in Jim Durkin’s take.
Comment by Pundent Wednesday, Aug 5, 20 @ 8:08 pm
@@@@ with several other judges, and it appears they also uphold Judge McHaney’s ruling.@@@@
Where’s this information coming from? I’ve never heard anything about it.
Comment by Club J Wednesday, Aug 5, 20 @ 8:26 pm
=== He must be a Banana Republican.===
- 47th Ward -
Now you’re just showing off…
:)
Comment by Oswego Willy Wednesday, Aug 5, 20 @ 8:30 pm
We have alternatives for judicial selection. They are various forms of merit selection. They can be structured in ensure diversity on the panels.
Merit selection processes don’t remove all forms of politics — but they do raise the floor of the barrel, by eliminating the bottom.
Comment by Keyrock Wednesday, Aug 5, 20 @ 8:37 pm
Last time I heard the term ‘bereft of’ anything was the Python parrot sketch. Per chance Judge Anderson is a fan. That could work as a rewrite.
Comment by zatoichi Wednesday, Aug 5, 20 @ 10:08 pm