POLITICAL and constitutional rights figured in several court decisions in January, summarized below. The U.S. Supreme Court held that party delegate selection procedures prevail over Illinois law; the same court said public school students who are suspended are entitled to a hearing by a disciplinarian. Illinois Supreme Court decisions dealt with bail, prompt preliminary hearings, hearing for a suspended policeman, speedy trial right, and consent for a blood sample. A circuit court set aside an old law affecting townships.
U.S. Supreme Court
Convention procedure upheld
Cousins v. Wigoda, decided January 15, 1975
In an opinion by Justice Brennan, the court held that the delegate selection procedure adopted by a national political party convention, and not state law — in this case, the Illinois Election Code — governs the selection of delegates. The basis for this is that a national party convention serves the national interest in choosing candidates for national office, and this national interest is greater than the interest of any individual state.
The opinion reversed the decision of the Illinois Appellate Court that state law takes precedence over party procedures. The controversy involved rival sets of delegates to the 1972 National Democratic Convention. An Illinois circuit court had enjoined the Cousins delegates (not elected under state law) from serving as delegates, and the Appellate Court upheld this injunction. The Supreme Court, however, reversed for the reasons stated above.
Students entitled to hearings
Goss v. Lopez, decided January 22, 1975
The Due Process Clause of the Fourteenth Amendment requires, in connection with a suspension of up to 10 days, that a public school student be given oral or written notice of the charges against him and, if he denies them, an explanation of the evidence the authorities have and an opportunity to present his version. The Supreme Court up-held held the finding of a district court that a statute permitting summary suspension was invalid. In the case of nine Columbus, Ohio, high school students, the court also ordered the record of the suspensions to be expunged from school files.
"At the very minimum . . . students facing suspension . . . must be given some kind of notice and afforded some kind of hearing," the court said in an opinion by Justice White.
"There need be no delay between the time the "notice' is given and the time of hearing. In the great majority of the cases the disciplinarian may informally discuss the alleged misconduct with the student minutes after it has happened. We hold only that, in being given an opportunity to explain his version of the facts at this discussion, the student first be told what he is accused of doing and what the basis of the accusation is."
Illinois Supreme Court
Bail when murder is the charge
People ex rel. Hemingway v. Eirod. decided January 1975
A person charged with murder, where the statute does not prescribe the death penalty, has a constitutional right to bail, the court held in an opinion by Justice Ryan. The Illinois Constitution guarantees bail "except for capital offenses" (Art. I, sec. 9); a capital offense is one for which the penalty may be death. The court notes the question has arisen in several states after the U.S. Supreme Court held the death penalty unconstitutional under existing statutes. With this decision, Illinois follows cases in Arizona, California, Connecticut, Florida, Kansas, Minnesota, New Jersey, Ohio, Pennsylvania, Texas, and Wisconsin. States taking a contrary view are Colorado, Louisiana, Mississippi, Nevada, Oklahoma, and Utah.
Preliminary hearing required
People v. Howell, decided January 1975
The court said it would call to the attention of the legislature its failure to implement a constitutional provision for prompt preliminary hearing for a person held under a criminal charge (Art. I, sec. 7). Justice Ryan noted that the defendant had been held 65 days without a hearing and that a number of cases of this kind had occurred. "We consider the delavs m giving an accused a prompt preliminary hearing to be a serious • deprivation of his constitutional right . . ." the opinion said. The court up-held the finding of the appellate court that this error did not require reversal of the defendant's conviction, however.
Consent required for blood sample
People v Todd. People v. Chambers, People v self, decided January 1975 (three cases consolidated)
The Illinois statute relating to driving while under the influence of intoxicating liquor or a narcotic drug was held to prohibit the use in evidence of a blood sample obtained without the defendant's consent, the court said in an opinion by Justice Davis.
The requirement for consent is incomplete because the statute does not spell out the manner of giving consent or of taking a blood test in the case of an unconscious person. "This is an unfortunate result and a cruel anomaly," the court said, pointing out that in other jurisdictions consent in such cases is not required and that a compulsory blood test does not necessarily violate constitutional rights. In effect, the opinion directs attention to the need for legislative action to correct a defective statute.
Policeman entitled to hearing
Kropel v. Conlisk,, decided January 1975
The statute applicable to the Chicago police force, required that a member of the , force who is summarily suspended for 30 days is entitled to a hearing by the police board, the court said in an opinion by Justice Davis. Such a suspension must be approved by a majority of the board.
Right to speedy trial
People v. Lewis decided January 1975
The right to a speedy trial is secured by the statutory right to trial within 120 days from the day when the defendant is take. into custody. If the defendant asks to delays. the number of days of delay is added
to the 120-day period, the court said in a opinion by Chief Justice Underwood. This is a new rule of construction; formerly a delay sought by the defendant would start a new 120-day period.
124/Illinois Issues/April 1975
Circuit Court, 7th Judicial Circuit, Sangamon County
1911 township law uncorstitutional
Springfield Lake Shore Improvement Association v. City of Springfield, decided January 1975
In a case involving annexation of land adjoining Lake Springfield to the City of Springfield, Judge Waldo Ackerman held, among other matters, that the 1911 statute making Springfield coterminous with Capital Township is now unconstitutional. The basis for this is the requirement in the new Constitution that townships may be consolidated, merged, dissolved, or divided only when approved by referendum in each township affected (Art. VII, sec. 5). When the city is expanded, the township will not expand with it. '"Problems created will necessarily have to be solved by the legislature," Judge Ackerman stated.
County officials' salaries
No. S-861, to Frank X, Yackley, state's at•torney, LaSalle County, 1/20/75
New elected county officials are entitled to the minimum salaries set by Public Act 78-1251, effective 11/27/74, even though the county board in a budget adopted earlier set their salaries at a lower level. Counties have only the powers granted them by the Constitution or by law, and they must fix salaries within limits set by the General Assembly. A county board can be ordered by a court to do so if necessary.
County board salaries
No- S-857, to Jack Hoogasian, state's atrney, Lake County, 1/17/75
Salaries of county board members may be changed prior to any general election at which board members are elected. However, this will be effective only as to that half of the members whose terms begin after the ordinance has been adopted because the Constitution forbids a salary change during an elected official's term of office (Art. VII, sec. 9(b)). The additional compensation allowed the board chairman, however, may be changed only when the board is reapportioned,
Highway superintendent's salary
No. NP-856, to Richard J. Doyle, state's attorney, Vermilion County, 1/17/75
Motor fuel tax funds may be used to pay the salary of the county superintendent of highways. The Highway Code allows a county board to use motor fuel tax funds allotted to a county for the construction of highways. The stated function of a county superintendent of highways as supervisor of highway construction is within this purpose.
When a private road is a highway
No. S-858, to Jack Hoogasian, state's attorney, Lake County, 1/L7/75
Whether a particular road is a "private road" or a "highway" must be determined on the facts in each case. The fact that a particular road is privately maintained does not necessarily make it a private road. Even if a road is private, motorists using it may not be completely immune from traffic law enforcement; it depends on the violation in question- Whether the sheriff patrols private roads is a matter in his discretion; however, the Vehicle Code affords a procedure for the sheriff to patrol private roads on the filing of written request by those desiring such service.
Name
Appointments
John W. CarrolS of Park Ridge, a forrner Republican state senator, as representative to the House from the 4th District to fill the vacancy created by the death of Robert S Juckett.
Carlos Alberto Plazas of Chicago, an educator; Carolyn W. Bergan of Chicago, a civic leader; and Carl Busby of Ridge Farm an auctioneer and farmer, to fill vacancies on the State Board of Education (1/16/75)
John G. ASford of Elmhurst as assistant superintendent for planning; Nelson F. Ashline of East Greenwich, R.I., as assistant superintendent for program development and Warren B. Carson of Roselie as superintendent for budgets for the Stats Board of Education (1/13/75).
Kenneth W. Holland of Gardner as director of the Department on Aging (2/3/75), He was formerly director of the Department of Labor.
Thomas B. Kirkpatrick, Jr., as executive director of the Illinois Dangerous Drugs Commission (1/29/75). He was a fellow at the Drug Abuse Council, Inc., a private, not-for-profit research and policy analysis association, Washington, D.C., 1973-74.
Christopher P. Mariades of Springfield as director of personnel in the Office of Secretary of State (1/30/75), effective February 1.
Miriam Ringo, Hinsdaie, as director of operations in the office of William A. Red mond, speaker of the House.
Stephen Hardy of Carbondale as assistan superintendent for program services at the adult division of the Menard Psychiatry Center.
Albert C. Esquivel as assistant warden in charge of program services at Pontiac Correctional Center. Daniel E. Kiley of Decatur as administrator of the eastern district of the central correctional region Juvenile Division, Department of Corrections; George T. Troike as administrator of the western district; and Harry Singletary as administrator of the Cook County correctional region.
Mays C. Maxwell, M.D., of East St. Louis and Luis Yarzagaray, M.D, Highland Park, as members of the Medical Examining Committee, Department of Registration and Education.
Deaths
John C. Kluczynski, 78, congressman from the Illinois 5th Congressional District, died January 28 in his home.
Robert S. Juckett, Park Ridge, state representative from the 5th district, died February 2, of leukemia, at Lutheran General Hospital, Park Ridge.
April 1975/Illinois Issues/125