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

Illinois state Rep. Paul Jacobs (R-Pomona) | reppauljacobs.com

By Southern Illinois News Report

Sep 15, 2023

A new Illinois law that limits where citizens can file lawsuits regarding the constitutionality of state laws is now facing its own legal challenge. Republican Representative Paul Jacobs brought attention to House Bill 3062 on September 8th when he shared the news with his constituents. The Liberty Justice Center, on behalf of three residents of St. Clair County, filed a lawsuit on August 29th, claiming that the new law violates the Illinois Constitution by damaging their voting rights and stripping courts of jurisdiction over certain subjects.

Jacobs, who was elected to the Illinois House in 2020, shared an article by Illinois Policy that provided further details about the situation. The lawsuit filed by the Liberty Justice Center argues that House Bill 3062 unconstitutionally limits the jurisdiction of the state's circuit courts, except for two, and challenges the power of the General Assembly. The plaintiffs also argue that the St. Clair County court is the appropriate venue for the case since some of the facts of the case occurred in the county.

House Bill 3062 was introduced in response to recent litigation surrounding COVID-19 restrictions, the gun ban, and the elimination of cash bail. Temporary restraining orders resulting from these lawsuits halted the implementation of controversial policies. The bill aims to prevent "venue shopping" by specifying where such lawsuits can be filed.

The filing, dated August 29th, names the state's attorney general, Kwame Raoul, as the defendant. The plaintiffs are seeking Declaratory and Injunctive Relief. They argue that the new law infringes on their voting rights and creates an imbalance in the judicial system, as residents of Sangamon and Cook counties would have the opportunity to elect judges to hear their cases, while residents of other counties would not.

It is worth noting that when the bill came up for a vote, no House Republicans voted in favor of it. The lawsuit will now proceed, and the outcome will determine the future of House Bill 3062 and its impact on citizens' ability to challenge the constitutionality of state laws.

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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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