No. 2016 IL 118114 People
v. Matthews Filed 12-1-16 (TJJ)
On March 25, 2012, defendant Jerrell Matthews mailed a petition for relief from judgment via the prison mail system at Menard Correctional Center to the clerk of the Cook County circuit court and the Cook County State’s Attorney’s office. On May 24, 2012, the circuit court dismissed the petition sua sponte as untimely. The appellate court concluded that the dismissal was premature because the State was never properly served. The judgment of the circuit court was vacated, and the cause remanded. The State appealed to this court. Appellate Court reversed.
No. 2016 IL 120024 Bueker
v. Madison County Illinois Filed 12-1-16 (TJJ)
The issue in this appeal is whether plaintiffs, as private citizens, are proper claimants on a statutorily mandated, public official bond issued by RLI Insurance Company (RLI), as surety, to the Madison County Treasurer and Collector under section 3-10003 of the Counties Code (55 ILCS 5/3-10003 (West 2014)) and section 19-40 of the Property Tax Code (35 ILCS 200/19-40 (West 2014)). The circuit court of Madison County granted RLI’s motion to dismiss a portion of plaintiffs’ class action complaint involving plaintiffs’ claim against RLI, pursuant to section 2-615 of the Code of Civil Procedure (Code) (735 ILCS 5/2-615 (West 2014)). The circuit court determined that plaintiffs were not proper parties to seek redress directly against the public official bond, and the appellate court affirmed (2015 IL App (5th) 140473-U). We agree and hold that plaintiffs, as private citizens, are precluded from making claims on the statutorily mandated, public official bond at issue in this case. We therefore affirm the judgments of the appellate court and the circuit court of Madison County dismissing plaintiffs’ claim against RLI.
No. 2016 IL 120110 People
ex rel. Alvarez v. Gaughan Filed 12-1-16 (TJJ)
The petitioner, Anita Alvarez, State’s Attorney of Cook County, seeks a writ of mandamus (see Ill. Const. 1970, art. VI, § 4(a)) to compel respondent, the Honorable Vincent Gaughan, judge of the circuit court of Cook County, to sentence defendant, Steven Castleberry, with a mandatory 15-year firearm enhancement imposed on each of his two convictions for aggravated criminal sexual assault. See 720 ILCS 5/12-14(a)(8), (d)(1) (West 2008) (providing, in subsection (d)(1), that “15 years shall be added to the term of imprisonment imposed by the court” for aggravated criminal sexual assault when the defendant committed the offense of criminal sexual assault while “armed with a firearm,” as specified in subsection (a)(8), thus rendering the criminal sexual assault “aggravated”).1 For the following reasons, we reject arguments interposed against issuance and award the writ.
No. 2016 IL 120236 Beggs
v. The Board of Education of Murphysboro Community Unit
School District No. 186 Filed 12-1-16 (TJJ)
Plaintiff, Lynne Beggs, a tenured teacher, was dismissed for cause from her employment by defendant, the Board of Education of Murphysboro Community Unit School District No. 186 (the Board). Plaintiff subsequently requested a hearing before a mutually selected hearing officer under section 24-12 of the Illinois School Code. Following a four-day hearing, the hearing officer issued findings of fact and recommended that plaintiff be reinstated to her position with back pay and benefits because the Board failed to prove by a preponderance of the evidence that she had violated a notice of remedial warning or that she had engaged in irremediable conduct that constituted grounds for dismissal. Thereafter, the Board, in a written order, dismissed plaintiff notwithstanding the findings of fact and recommendation of the hearing officer. Plaintiff filed a complaint in the circuit court of Jackson County seeking administrative review of her dismissal. The circuit court reversed the Board’s decision and ordered plaintiff reinstated with back pay and benefits. The appellate court affirmed. 2015 IL App (5th) 150018. We allowed the Board’s petition for leave to appeal.
No. 2016 IL 120315 Blanchard
v. Berrios Filed 12-1-16 (TJJ)
A Cook County ordinance obligates county officers to cooperate with investigations conducted by the Office of the Independent Inspector General (Inspector General) and to comply with subpoenas issued by the Inspector General. At issue in this appeal is whether that ordinance is constitutional as applied to Joseph Berrios, in his official capacity as the assessor of Cook County (the Assessor). The circuit court of Cook County determined that the ordinance is constitutional as applied to the Assessor and entered summary judgment granting declaratory and other relief in favor of the Inspector General. The appellate court affirmed. 2015 IL App (1st) 142857. For the reasons that follow, we affirm the judgment of the appellate court.
No. 2016 IL 119932 In
re M.M. Filed 12-1-16 (TJJ)
At the close of a dispositional hearing on a juvenile petition based on neglect, the circuit court of Peoria County found that respondent, Heather M., was a fit parent to her children, J.M. and M.M. However, the court awarded temporary custody and guardianship to the Department of Children and Family Services (DCFS). The appellate court (2015 IL App (3d) 130856) reversed the judgment of the trial court and remanded to allow that court to enter specific findings consistent with section 2-27(1) of the Juvenile Court Act of 1987 (Act) (705 ILCS 405/2-27(1) (West 2012)). This court allowed the State’s petition for leave to appeal. Ill. S. Ct. R. 315 (eff. Jan. 1, 2015). For the following reasons, we now affirm the judgment of the appellate court and remand the cause to the trial court for further proceedings.
No. 2016 IL 120394 Murphy-Hylton
v. Lieberman Management Services, Inc. Filed
The question presented in this appeal involves the scope of the immunity provided under the Snow and Ice Removal Act (Act) (745 ILCS 75/0.01 et seq. (West 2010)). Plaintiff, Pamela Murphy-Hylton, slipped while walking on the sidewalk outside her condominium, sustaining personal injuries. She brought a negligence action in the circuit court of Cook County against defendants, Lieberman Management Services, Inc. (Lieberman), and Klein Creek Condominium (Klein Creek), alleging that a defective condition and negligent maintenance of the premises created an unnatural accumulation of ice, which caused her fall. The trial court granted defendants’ motion for summary judgment, finding that the Act provided immunity to defendants. The appellate court reversed and remanded, ruling that the immunity under the Act did not bar plaintiff’s cause of action. 2015 IL App (1st) 142804, ¶¶ 41, 47. For the reasons that follow, we affirm the appellate court.
No. 2016 IL 120526 Zahn
v. North American Power & Gas, LLC Filed
The United States Court of Appeals for the Seventh Circuit has certified for instruction from this court the following question of Illinois law: Does the Illinois Commerce Commission have exclusive jurisdiction over a reparation claim, as defined in Sheffler v. Commonwealth Edison Co., 2011 IL 110166, brought by a residential consumer against an alternative retail electric supplier, as defined by section 16-102 of the Electric Service Customer Choice and Rate Relief Law of 1997 (220 ILCS 5/16-102 (West 2014))? Zahn v. North American Power & Gas, LLC, 815 F.3d 1082, 1095 (7th Cir. 2016). We accepted the Seventh Circuit’s invitation to consider this question pursuant to Illinois Supreme Court Rule 20 (eff. Aug. 1, 1992).1 For the reasons that follow, we answer the question in the negative. Under Illinois law, the Illinois Commerce Commission does not have exclusive original jurisdiction over such claims. The claims may be pursued through the courts.
No. 2016 IL 120544 People
ex rel. Glasgow v. Carlson Filed 12-1-16 (TJJ)
Petitioner, James W. Glasgow, State’s Attorney of Will County, seeks mandamus pursuant to Illinois Supreme Court Rule 381 against respondent, the Honorable David M. Carlson, judge of the circuit court of Will County. Petitioner asks this court to compel respondent to (1) vacate its January 6, 2016, sentencing order, (2) classify as a Class 2 felony Mitchell Harper’s third violation of Illinois’s driving while under the influence (DUI) statute of the Illinois Vehicle Code (625 ILCS 5/11-501 et seq. (West 2014)), and (3) resentence defendant as a Class X offender pursuant to section 5-4.5-95(b) of the Unified Code of Corrections (730 ILCS 5/5-4.5-95(b) (West 2014)). For the following reasons, we award mandamus.
No. 2016 IL 120729 People
ex rel. Alvarez v. Howard Filed 12-1-16
Petitioner, Anita Alvarez, State’s Attorney of Cook County, seeks a writ of mandamus or prohibition against respondent, the Honorable Carol M. Howard, judge of the circuit court of Cook County. See Ill. Const. 1970, art. VI, § 4(a). Following a statutory amendment that raised the automatic transfer age for juveniles, defendant, Luis Montano, moved to send his pending criminal case to juvenile court for a discretionary transfer hearing. Respondent granted the motion. The State now seeks a writ of mandamus or prohibition directing respondent to rescind her order. We hold that respondent’s order was in conformance with the law, and we therefore decline to award the State a writ of mandamus or prohibition.