Inviting out-of-state litigants to Illinois courts is a really bad idea.
When legislators — either state or federal — rush to pass a slew of last-minute legislative proposals, it’s a fair bet that there will be some monkey business afoot.
When it comes to Illinois, that’s a guarantee — the only question is how much.
Just one example from this year’s mad rush to adjournment is SB328, one of the most unnecessary, costly and potentially destructive proposals in recent memory.
The legislation would allow lawsuit-filing lawyers to drag companies from all over the country and the world into Illinois’ state courts, even if the defendant company has no connection to Illinois.
Specifically, it establishes what’s called “consent by registration,” under which non-Illinois companies are subject to litigation even if the dispute did not arise in this state.
Frankly, it sounds crazy. But it’s a real proposal.
As usual, it’s all about the money.
Trial lawyers along with organized labor are among the biggest donors to Illinois Democrats. To them, their donations are an investment, and they want a substantial return.
They want Gov. J.B. Pritzker to sign this bill into law so they can file lawsuits in plaintiff-friendly counties — Cook, St. Clair and Madison, for example — and reap the inevitable rewards.
Needless to say, Pritzker should follow the example of New York Gov. Kay Hochul and veto SB328. She has twice vetoed similar legislation because of its anti-business impact on her state.
Illinois already has a well-deserved and costly reputation for being anti-business. Signing this bill into law would make that sorry image even worse.
In addition to the reputational impact, there are practical reasons to say no to SB328.
Why should Illinois open up its already overcrowded court system to out-of-state litigants and controversies when they already have existing venues in which to do their business?
Illinois taxpayers already spend a fortune to maintain the state’s three-tiered system (trial, appellate and supreme courts) that serves the public.
What’s the benefit? There is none.
That’s why it’s especially disappointing that such ill-advised legislation received bipartisan support. It passed 56-0 in the Senate and 77-40 in the House.
State Sens. Paul Faraci, a Democrat, and Chapin Rose, a Republican, voted yes, as did Democratic state Rep. Carol Ammons.
Republican state Rep. Brandon Schweizer of Danville voted no.
The legislation was sponsored by Senate President Don Harmon and state Rep. Jay Hoffman, both Democrats, and passed using the usual legislative trickery that bypasses the constitutionally required “three readings” rule.
Initially, SB382 was an innocuous piece of legislation. But that was before the sponsors pulled off the traditional “gut and replace” maneuver by amending the original legislation with a whole new bill.
This kind of sickening trickery is routine in the General Assembly. What a shame the Illinois Supreme Court doesn’t have the moral courage to confront it head on.
That’s why Pritzker, usually a happy servant of trial lawyers, needs to challenge his party’s benefactors and do the right thing by vetoing this bill.
If he does, it would be a service to the people of Illinois as well as the judges who oversee the court system and guard its limited resources.
