Maddux v. Blagojevich

State: Illinois

Docket No: 107416 Rel

Case Date: 06/18/2009

Preview:Docket No. 107416.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

HONORABLE WILLIAM D. MADDUX et al., Appellants, v. ROD R. BLAGOJEVICH, Governor, State of Illinois, et al., Appellees. Opinion filed June 18, 2009.

JUSTICE FREEMAN delivered the judgment of the court, with opinion. Chief Justice Fitzgerald and Justices Kilbride and Burke concurred in the judgment and opinion. Justice Karmeier dissented, with opinion, joined by Justice Garman. Justice Thomas took no part in the decision.

OPINION Plaintiffs, Cook County Circuit Court Judge William D. Maddux and five Cook County voters eligible to vote in judicial elections, sought a declaration from the circuit court of Cook County that the Compulsory Retirement of Judges Act (Retirement Act or Act) (705 ILCS 55/1 et seq. (West 2006)) is unconstitutional. The circuit court dismissed the complaint. Plaintiffs filed a notice of appeal to the appellate court, and then filed a motion to transfer to this court pursuant to Supreme Court Rule 302(b). See 210 Ill. 2d R. 302(b) (requiring, if in the public interest, prompt adjudication by the Illinois Supreme Court). We allowed the motion and ordered that the appeal

be taken directly to this court. 210 Ill. 2d R. 302(b). For reasons that follow, we reverse the judgment of the circuit court. BACKGROUND Plaintiffs' complaint challenged the constitutionality of the Retirement Act on a number of grounds, including that it impermissibly imposes limitations on the judicial retention process in violation of article VI, section 12(d), of the Illinois Constitution of 1970 (Ill. Const. 1970, art. VI,

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