BREAKING NEWS!

A year ago I reported on a fairly drastic change in Illinois law when the Governor signed into law an amendment to 735 ILCS 5/2-1105.  As a result of the change, as of June 1, 2015 all jury civil trials have been tried by 6 person jurors instead of 12 person juries.  According to the statute, there is no statutory right for a party to demand a jury of 12.

Well, it looks like Christmas has come a little again for us defense folk, but this time there are presents in our stockings instead of coal.

Today, December 21, 2015, Cook County Judge William E. Gomolinski entered his memorandum order and opinion in a case that was filed challenging the constitutionality of  PA 98-1132, as it amends 735 ILCS 5/2-1105, and he ruled it is UNCONSTITUTIONAL on its face and cannot reasonably be construed in a manner that would preserve its validity.  (The case is – Jesse Kakos, et al. v. Jesse Butler, et al., 15 L 6691).

The opinion is quite long but in a nutshell, first the judge explained the historical basis for 12 person juries and how that history supports a finding that 735 ILCS 5/2-1105 is unconstitutional.  Next, the court looked at the separation of powers and found that by enacting the amendment, the Legislature unconstitutionally infringed on the power of the judiciary to regulate conduct at trials.  Lastly, the court explained how public policy also supports the unconstitutional finding.

The court certified the question of the constitutionality of the amended statute pursuant to Illinois Supreme Court Rule 308(a) so it may be appealed immediately.  A Notice of Appeal must be filed within 14 days.  Stay tuned!