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* UPDATED x1 * Bailey asks second court to declare Pritzker in contempt

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Rep. Darren Bailey filed a Petition for Adjudication of Indirect Civil Contempt this morning against Illinois Governor J.B. Pritzker in Sangamon County Circuit Court.

* He’s using the phrase “this court” loosely because it was a Clay County judge, not a Sangamon County judge, who issued these rulings…

COMES NOW, Plaintiff, Darren Bailey, by and through his attorney, Thomas DeVore, of DeVore Law Offices, LLC, and as for his Petition for Adjudication of Indirect Civil Contempt against the Defendant, Jay Robert Pritzker (“Pritzker”), states as follows:

1. On or about July 02, 2020, this Court declared Pritzker no longer had any emergency powers under Section 7 of the IEMAA after April 08, 2020.

2. On or about July 02, 2020, this Court also declared any executive orders in effect after April 08, 2020 related to COVID-19 and finding their authority under the emergency powers of Section 7 of the IEMAA void.

3. In complete disregard of this Court’s July 02, 2020 order, on October 02, 2020, Pritzker issued executive order 56 regarding COVID-19 and cites as authority his enumerated powers under Section 7 of the IEMAA.

4. In complete disregard of this Court’s July 02, 2020 order, on October 16, 2020, Pritzker issued executive order 59 regarding COVID-19 and cites as authority his enumerated powers under Section 7 of the IEMAA.

5. In complete disregard of this Court’s July 02, 2020 order, on October 21, 2020, Pritzker issued executive order 60 regarding COVID-19 and cites as authority his enumerated powers under Section 7 of the IEMAA.

6. In complete disregard of this Court’s July 02, 2020 order, on October 21, 2020, Pritzker issued executive order 61 regarding COVID-19 and cites as authority his enumerated powers under Section 7 of the IEMAA.

7. If all of the actions of Pritzker complained of herein could not be more derogatory to this Court’s authority and dignity, he specifically went on to issue executive orders 60 and 61 even after this Honorable Court, just two days prior, refused to vacate its July 02, 2020 grant of summary judgment which specifically declared on the merits he no longer had authority under Section 7 of the IEMAA to issue executive orders regarding COVID-19.

8. These willful actions of the Defendant, Jay Robert Pritzker, constitute prima facie evidence of contemptuous acts which are calculated to embarrass, hinder, or obstruct this Honorable Court in its administration of justice, and are expressly calculated to derogate from its authority and dignity.

9. Everyday citizens throughout this state who find themselves in front of our honorable courts are never allowed to take actions which will directly embarrass, hinder or obstruct the court’s authority and dignity; and our elected officials, even a governor, must unequivocally be held to the same standards of conduct as we hold our citizenry if we ever hope to maintain the sanctity of our system of justice in the eyes and hearts of the people.

He tried to pull this stunt in Clay County but the Illinois Supreme Court moved the case to Sangamon before the motion could be ruled on.

Also, Darren Bailey claiming that someone else is embarrassing the court’s dignity is about as rich as rich gets.

* Back to the filing…

WHEREFORE, Plaintiff, Darren Bailey, respectfully prays for this Court to enter an order as follows:

A. That, Jay Robert Pritzker, be adjudged in indirect civil contempt of this Court and be required to show cause, if any he can, why he should not be held in contempt of this Court and punished in a manner this Court finds proper for his willful and contumacious disregard with this Court’s order;

B. That Jay Robert Pritzker be ordered to purge himself by rescinding the above- mentioned executive orders instanter;

C. In the alternative, the Court craft any other just sanction which compels Jay Robert Pritzker to purge his contempt.

D. That Jay Robert Pritzker be held liable for the Darren Bailey’s attorney fees he has incurred in enforcing the willful disregard of this Court’s order;

E. That this Court enter any further orders which the Court deems just and equitable.

I’ve asked the attorney general’s office and the governor’s office for a response.

Discuss.

…Adding… From the AG’s office…

We are reviewing the motion. In the meantime, we will continue to defend the governor’s constitutional and statutory authority to protect the residents of Illinois from the ongoing COVID-19 pandemic – authority that has been affirmed by every judge to take up the issue, with one exception.

And that one exception was Clay County.

*** UPDATE *** Jordan Abudayyeh…

This was a legally baseless motion the first time Mr. DeVore filed it and it hasn’t improved with age. As the infection rate rises and leaders across the state are working to protect public health, this motion demonstrates that Bailey cares only about one thing – press attention. And he is willing to abuse the Court process to get it.

Background…

When Bailey and DeVore tried this during the summer, we noted that the Clay County Circuit Court order that they seek to enforce is, in fact, unenforceable for 2 reasons: (1) it is not a final, appealable order that resolves all the issues in the case, and (2) it does not contain any injunctive relief ordering the Governor to do or to stop doing anything. DeVore and Bailey could have used the two months since then to fix these deficiencies in their case. But they didn’t (surely because they knew they would lose). Instead, they are just making the same, utterly defective argument again.

posted by Rich Miller
Thursday, Oct 22, 20 @ 11:08 am

Comments

Bailey has found his niche in the GA. Too bad it’s not legislating. If only he were half as relevant as he thinks he is.

Comment by Cubs in '16 Thursday, Oct 22, 20 @ 11:16 am
Cases are spiking across the state, early voting has begun, and the standard bearer for the ILGOP is filing contempt petitions. Sounds about right.

Comment by Pundent Thursday, Oct 22, 20 @ 11:18 am
First, as you note, the 8th point is clearly backwards (rich). Second, DeVore asking Pritzker to pay Bailey’s legal fees to DeVore is “richer.”

Comment by H-W Thursday, Oct 22, 20 @ 11:18 am
Truth Hurts - such a mature response. The Governor is just trying to save people’s lives and a lifetime of healthcare consequences. Bite me.

(Said on behalf of Rich who is more mature than I am.)

Comment by Just Me 2 Thursday, Oct 22, 20 @ 11:32 am
Truth Hurts in Illinios, You and your followers will turn out to be the bigggest factor behind the Blue wave in America.

Comment by Nummy yummy Thursday, Oct 22, 20 @ 11:43 am
===There was a reason that the court ruled the way it did.===

Yes, we know. The judge wanted to fish.

Comment by Cubs in '16 Thursday, Oct 22, 20 @ 11:45 am
The Sangamon County Court declined to dismiss the Clay County case for lack of jurisdiction. There’s not been a ruling that the Order was invalid. As wrong as he is, Bailey is within his rights to seek an adjudication of contempt as an enforcement mechanism of a valid court order. Right now, I think it’s up to the AG to show why the Governor doesn’t have to follow the order of a Court that had jurisdiction to enter the order. Dumb order, but order it was.

Comment by The Ford Lawyer Thursday, Oct 22, 20 @ 11:46 am
=== But sorry, he overstepped his bounds and continues to do so without involving the general assembly===

The GA met, chose NOT to insert true authority.

Keep up, please.

Comment by Oswego Willy Thursday, Oct 22, 20 @ 11:47 am
Yep, the case numbers and deaths are spiking. Perfect time to overturn any and all attempts to stop them.

Comment by Bruce( no not him) Thursday, Oct 22, 20 @ 11:48 am
@Hurts - Your assertion that the Governor overstepped his bounds seems premised upon the idea that the State Constitution assumes emergencies (hence, declarations of emergencies) can only last for 30 days, after which no emergency is allowed to persist. Rather, what was once an emergency is thereby defined as routine business. Only under such an assumption, can it be argued that the Governor is wrong when he issues consecutive emergency orders regarding the singular events. Is it your assertion that after 30 days, the Governor no longer has a compelling interest in managing emergencies, or that emergencies no longer exist, but are in fact routine business? Serious question.

Comment by H-W Thursday, Oct 22, 20 @ 11:49 am
I’m having a hard time understanding where Governor Pritzker is overstepping his bounds. It’s my understanding the General Assembly didn’t take up the matter because they didn’t see the need to. Later JCAR ruled on the penalty phase in favor of the Governor. Other than Clay County I’m not aware of any other Judge that has ruled against Governor Pritzker’s actions. Rich correct me if I’m wrong here.

This is Bailey and DeVore grandstanding again at the worst time for our state. Anyone who can’t see through this charade needs their eyes checked.

Comment by Club J Thursday, Oct 22, 20 @ 11:49 am
Seeing Bailey on the Ricketts ticket in two years will be comical.

The angry white rural guy campaigning in the collars with a 51st state history and ignoring the needs of a global pandemic will be a sad commentary to his career

Comment by Oswego Willy Thursday, Oct 22, 20 @ 11:51 am
===There was a reason that the court ruled the way it did.===

And there was a reason the Supreme Court ruled the opposite way - twice. In May. the GA had its chance to state if the Executive was overreaching the intent of their several statutes relative to states of emergency. They chose to not so do. Therefore, the higher Judiciary found in favor of the Executive, again twice. We are sorry if this does not meet what some consider fair but it is consistent with prior legislative intent cases.

Comment by Proud Sucker Thursday, Oct 22, 20 @ 11:51 am
==Everyday citizens throughout this state who find themselves in front of our honorable courts are never allowed to take actions which will directly embarrass, hinder or obstruct the court’s authority and dignity;==

Proof that Thomas DeVore is not an everyday citizen.

Comment by Bigtwich Thursday, Oct 22, 20 @ 11:57 am
The good counselor has certainly found his niche. Sort of like Wade “We Sue Dogs” Blasingame, Esq. https://www.youtube.com/watch?v=mC-LEQqNC1s

Comment by Southern Thursday, Oct 22, 20 @ 12:08 pm
I just wish that somehow Baily would get lost for a while and stop this ridiculous lawsuit.

Comment by Unconventionalwisdom Thursday, Oct 22, 20 @ 12:24 pm
=I just wish that somehow Baily would get lost for a while and stop this ridiculous lawsuit.=

Why would he do that? 12 days before an election he thinks he’s delivering a closing argument. And I’m sorry, when this type of behavior goes unchecked by party leaders I’m left assuming that Bailey is speaking for the party as a whole.

Comment by Pundent Thursday, Oct 22, 20 @ 12:33 pm
The right to fish from a boat shall not be infringed…or vengeance.

Comment by Dotnonymous Thursday, Oct 22, 20 @ 12:34 pm
Curious who’s paying for this –(beyond people and businesses of Illinois generally.)

Willie Wilson just threw Darren Baily a little money.

Comment by walker Thursday, Oct 22, 20 @ 2:21 pm
While he stands on the Capital steps telling everyone he’s winning.

Comment by Anonymous Thursday, Oct 22, 20 @ 2:45 pm
Ford Lawyer. I could be wrong, but I don’t believe the Clay County court entered an order that is enforceable.

Comment by TominChicago Thursday, Oct 22, 20 @ 3:11 pm
I have had enough of the bailey-devore circus. Maybe I can play their game for a while and put them on the defensive for a few minutes.

Comment by JS Mill Thursday, Oct 22, 20 @ 3:34 pm
TominChicago- I think ‘enforceable’ the real question. I may be misreading the docket, but I think the judge there entered a TRO against the governor as to Bailey only, then expanded the whole thing to everyone in the state. (Probably not enforceable). And then the higher courts dropkicked the whole thing up to Springfield. It has been a very, very long time since I sued the State, but I started in Springfield and cut out the middle man.

Comment by The Ford Lawyer Thursday, Oct 22, 20 @ 3:37 pm
Does anyone else think this will get punted until the December hearing on the merits?

Comment by DirtLawyer Thursday, Oct 22, 20 @ 4:06 pm
Can anyone explain to me why Ameren gave $2,000 to Bailey’s campaign?

Comment by CEA Thursday, Oct 22, 20 @ 8:49 pm