SPRINGFIELD – Illinois Attorney General Lisa Madigan has asked the Supreme Court for direct appeal of a St. Clair County order preserving a normal payroll for state employees in the absence of appropriations.

The Justices posted notice of her petition as they convened on March 14.

Madigan wants to dissolve an injunction that Circuit Judge Robert LeChien signed in 2015, after the state’s budget and its union contracts expired.

She claims the injunction allows Gov. Bruce Rauner and the General Assembly to fail in their constitutional duty to adopt a budget.

After a hearing on Feb. 16, LeChien denied Madigan’s request to dissolve the injunction as of Feb. 28.

Madigan petitioned the Fifth District appellate court for review on Feb. 24.

She then petitioned the Supreme Court on March 8.

In the meantime, Lodge 41 of the Fraternal Order of Police which also sued in St. Clair County to preserve enforcement of a state contract that expired on June 30, 2015, petitioned for leave to oppose a direct appeal.

The Justices hadn’t acted on either petition as of March 17.

Madigan lacks standing in the case, which the unions filed against Rauner.

LeChien allowed her to intervene in February, in order to file her motion.

She acted on behalf of the people of Illinois, not for any elected official.


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