Document Type
Article
Media Type
text
Publication Title
Northern Illinois University Law Review
Abstract
The current constitution of the State of Illinois creates a single appellate court. This structure lends itself to the conclusion that the decisions of one district of the appellate court bind all lower courts equally. While this is often the case, a judicially created exception exists when a conflict arises between different districts. When such a conflict arises, circuit courts must adhere to the decision (if one exists) from their “home district” (i.e., the district in which the circuit court sits). This Note argues that this rule is incompatible with the Illinois Constitution. Section I introduces the home district illusion and provides context of the constitutional amendment that unified the Illinois Appellate Court. Section II explores the history of this “home district” rule specifically, starting with the first case to use such a rule after the ratification of the Illinois Constitution of 1970. Section III discusses some examples that show the damaging practical impact of the home district illusion. Finally, Section IV recommends that the Illinois Supreme Court should abandon the “home district” illusion and return to a system of complete (and constitutionally required) equality between all districts of the Illinois Appellate Court.
First Page
63
Last Page
74
Publication Date
Fall 2024
Department
College of Law
Recommended Citation
Lehman, Joe
(2024)
"Illinois’s Home District Illusion,"
Northern Illinois University Law Review: Vol. 45:
Iss.
1, Article 3.
