Supervisory Orders

April 2, 2011

Illinois Supreme Court Dismisses And Remands Medical Malpractice Appeal Taken Under Voided Statute

Donald Cookson sued Todd Price, a physical therapy assistant, and the Institute for Physical Medicine, Price’s employer, for medical malpractice. As required by an Illinois statute, Cookson filed an affidavit and a report by a physician swearing to Price’s malpractice. But Price claimed the affidavit did not comply with the statute because it was signed by a physician specializing in physical medicine, not a physical therapy assistant. So Price asked the trial court to dismiss the complaint.

Cookson first opposed Price’s dismissal request. But then deferring to Price’s argument, Cookson asked the trial court to allow him to file a new affidavit, this time signed by a physical therapy assistant. Price opposed the new affidavit because, he argued, it was offered more than 90 days after the complaint was filed, a violation of the Illinois statute.

The trial court agreed with Price and dismissed the lawsuit. But the appellate court reversed, ruling that the trial court had power to allow Cookson to file an amended complaint with a new affidavit, even more than 90 days after the case had been filed.

April 16, 2009

No Appellate Standing For Knox County Employees Being Investigated; Appellate Court Lacks Supervisory Authority To Order A Special Prosecutor On Remand

by Steven R. Merican

This lawsuit grows from a political fight in Knox County, Illinois. After he took office as Knox County State’s Attorney, John Pepmeyer began an investigation into “improprieties” by current and former county employees of the county state’s attorney’s and sheriff’s offices. Two Assistant State’s Attorneys, Dean Stone and Michael Kraycinovich, were targets of Pepmeyer’s investigation. Stone and Kraycinovich in turn started their own investigation of Pepmeyer concerning allegations that he was guilty of sexual harassment.

Stone and Kraycinovich asked the trial court for appointment of a special counsel for their investigation into Pepmeyer. Pepmeyer asked the court for a special prosecutor for his investigation into Stone and Kraycinovich. The trial court appointed the Illinois Attorney General as special prosecutor of both investigations.

The trial court later modified the appointments. The Attorney General was left to investigate Pepmeyer. A former State’s Attorney for another county, William Poncin, was named special prosecutor to investigate “other Knox County public officials,” including Stone and Kraycinovich.

July 2, 2007

Illinois Supreme Court Spanks Trial Court And Chicago Elections Board For Ruling Statute Unconstitutional

by Steven R. Merican

In twin cases, former aldermen Virgil Jones and Ambrosio Medrano, both convicted of federal felonies for misconduct in office, filed nomination papers to run for alderman again. Challenges were made to their nomination papers on the basis that the Illinois Municipal Code prohibited convicted felons from serving in an “elective municipal office.”

In both cases, the Chicago Election Board’s hearing examiner concluded that Jones and Medrano were ineligible to serve, and recommended that they not appear on the election ballot. Appeals were made to the Chicago Election Board. In both cases, the Board rejected the challenges because, it said, the statute prohibiting convicted felons from serving in an elective municipal office was unconstitutional. The challengers sought review in the Circuit Court of Cook County, Illinois. In both cases, the circuit court affirmed the ruling of the Board.

The challengers sought direct review in the Illinois Supreme Court. The Supreme Court dismissed the appeals, stating that the cases were more appropriately handled by supervisory orders than by direct appeal.