Jacobs: "The new Illinois law limiting where people may file legal complaints for state constitutional violations is now facing its own lawsuit."

Illinois Rep. Paul Jacobs | JacobsForIL.com

By SE Illinois News Report

Sep 15, 2023

A recent Illinois law that limits where citizens can file lawsuits regarding the constitutionality of state laws is now facing its own legal challenge. Rep. Paul Jacobs brought attention to House Bill 3062 on September 8, which restricts the venues for such lawsuits. The Liberty Justice Center filed a lawsuit on August 29 on behalf of three residents of St. Clair County.

Jacobs, a Republican who was elected to the Illinois House in 2020, shared a link to an Illinois Policy article explaining the situation. The three St. Clair county residents have retained the services of the Liberty Justice Center, claiming that the new law violates the Illinois Constitution by infringing on their voting rights and stripping courts of jurisdiction over certain subjects.

House Bill 3062 was introduced in response to recent litigation surrounding COVID-19 restrictions, gun bans, and the elimination of cash bail. Temporary restraining orders resulted in the suspension of controversial policies, prompting the bill to aim at ending "venue shopping."

The lawsuit, filed on August 29, names Kwame Raoul, the state's attorney general, as the defendant. The plaintiffs argue that HB 3062 unconstitutionally limits the subject-matter jurisdiction of the state's circuit courts, as granted by the Illinois Constitution. They also challenge the power of the General Assembly and argue that the St. Clair County court should be the proper venue for the case.

The filing further points out that residents of Sangamon and Cook counties would have the opportunity to elect judges to hear their cases, while residents of other counties would not. The bill, which applies to actions brought against the state or any state employees, officers, or agents, except for collective bargaining disputes, did not receive support from any House Republicans when it came up for a vote.

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Paul Jacobs was first elected to the Illinois House in 2020. A Republican, their legislative experience includes serving on the Tourism Committee and Higher Education. Jacobs is a state representative who resides in Pomona, according to the Illinois House.

Jacobs shared a link to an Illinois Policy article that explained the situation. Three St. Clair county residents retained the services of the Liberty Justice Center, which filed the lawsuit on Aug. 29, 2023, saying “the new law limiting where they may challenge the constitutionality of state laws itself violates the Illinois Constitution by damaging their voting rights and stripping courts of jurisdiction over certain subjects.”

Illinois Policy explained that House Bill 3062 cam e from recent litigation that caused trouble for policymakers, based on COVID-19 restrictions, the gun ban, and the stripping away of cash bail led to temporary restraining orders that held up policies that some considered controversial, and the bill will end venue shopping.

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The filing dated Aug. 29 shows plaintiffs Brad Weisenstein, Dawn Elliot and Kenny Cook are suing Kwame Raoul, the state’s attorney general, and asking for Declaratory and Injunctive Relief. First, the complainants say “HB 3062 unconstitutionally strips all but two of the state’s 25 circuit courts of the subject-matter jurisdiction that Article VI, Section 9 of the Illinois Constitution grants them.” It challenges the General Assembly’s power as well. It says the St. Clair County court is the proper venue because the facts of this case happened, partly, in the county. The lawsuit also notes that residents of Sangamon and Cook counties would be able to elect the judges to hear those cases, while residents of other counties don’t get that chance.

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A June 9, 2023 Week in Review noted that “HB 3062 applies to actions brought against the State or any State employees, officers, or agents acting in an official capacity. The actions must be based on alleged violations of the Constitution of the State of Illinois or the United States. There is an exemption in the legislation for claims arising out of collective bargaining disputes between the State of Illinois and representatives of its employees.”

When the bill came up for a vote no House Republicans voted to pas it.

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