Tuesday, March 31, 2009

The Illinois Senate Has Snatched Decision Making Authority Away from Judges

 Your Illinois legislators have decided the judges cannot be trusted to make lawful decisions from the bench.  As I indicated here and here and here  many don't think the Illinois judiciary should be followed.  Now the Illinois legislators apparently do not think judges are capable of making decisions that follow Illinois statutes.


 Court supervision for driving under the influence would surely be a one-time-only affair, if legislation from the Illinois House becomes law.

House Bill 1116 amends the Unified Code of Corrections, 730 ILCS 5/5-6-1, to clarify that individuals charged with violating section 11-501 of the Illinois Vehicle Code, 625 ILCS 5/, could only receive court supervision once for that offense.

Rep. James B. Durkin, a Republican from Lisle, sponsored the bill, saying the current law allows supervision for DUI conviction only once, but was unclear on the matter. According to Durkin, the current law allows two supervisions per year for violations of the Vehicle Code, but has been misinterpreted to include two DUI violations.

''There have been different interpretations in different areas,'' Durkin said. ''This reassures that supervision for a DUI can only be done once in a lifetime.''

So if you, 10 years later, find your life circumstances changed, and you find that you perhaps have another DUI, 10, 15 years later, you're saying they shouldn't be allowed another supervision?'' [Rep. Monique] Davis asked.

''That is correct,'' Durkin replied. ''What we're saying is if someone does 10 or 15 years after the fact, is charged with a DUI, they will not be not be given the benefit of supervision.''

''So we're taking the discretion from the judge?'' Davis asked.

''As we have in the past, and we're saying that we believe that driving in Illinois is a privilege, not a right,'' Durkin said. ''If you drive and you are convicted of a DUI one time, you should not receive supervision any time after that.''

Well there you have it, apparently everyone, from the state supreme court to your state legislators, is clear that the Illinois judiciary cannot be trusted.  I wonder how long it will be before they decide to elimiate the judiciary branch in its entirety.  Folks, now it the time to take action and contact your state legislators. 


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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973

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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973