Fergus v. Russel, 110 N.E. 130 (Ill. 1915)
Illinois attorney general has common law powers that cannot be limited by the legislature
Dept. of Mental Health v. Coty, 232 N.E.2d 686 (Ill. 1967)
Attorney general’s common law powers cannot be limited by statute.
Env. Prot. Agency v. Pollution Control Bd., 372 N.E.2d 50 (Ill. 1977)
In Illinois, “the force and effect of this constitutional provision is “that neither the legislature nor the judiciary may deprive the attorney general of his common law powers under the Constitution,”
In re Estate of Stern, 240 Ill.App.3d 834, 608 N.E.2d 534, 181 Ill.Dec. 461 (Ill. App. 4th Dist. 1993)
In a probate case, the Attorney General challenged a will which had been changed to benefit the testator’s housekeeperat the expense of a number of public charities. The housekeeper challenged the Attorney General’s standing, and the trial court dismissed the case. The court of appeals held that the Attorney General did have standing to challenge…
Tully v. Edgar, 286 Ill. App. 3d 838 (Ill. App. 1st Dist. 1997)
The Illinois legislature passed the University Act, under which trustees for the University of Illinois were to be appointed by the Governor, rather than elected. The elected trustees were terminated. A number of group sued the state, alleging that the termination of elected officials before their term was up was unconstitutional. The Attorney General defended…
Stagman v. Ryan, 176 F.3d 986 (7th Cir. 1999
The United States Court of Appeals for the Seventh Circuit affirmed a district court ruling that a former employee of the Attorney General’s office did not show sufficient need to depose Illinois Attorney General Jim Ryan in connection with a civil rights claim against the Attorney General’s office. In reaching this conclusion, the court stated…
In re Estate of Cappetta, 315 Ill.App.3d 414, 733 N.E.2d 426, 247 Ill.Dec. 962 (Ill. App. 2d Dist. 2000)
In probate case, claimants alleged fraudulent transfers by decedent, who was an attorney whose escrow account had disappeared. One of the claimants was the estate of a decedent who had left money to several charities. The Attorney General intervened in the case to protect the funds left to the charities. The court held that the…
Lyons v. Ryan, 201 Ill.2d 529, 780 N.E.2d 1098, 269 Ill.Dec. 374 (Ill. 2002)
Taxpayers filed suit alleging that Governor and former campaign committee had received illegal contributions, and seeking to enforce a constructive trust on that money “on behalf of the state.” Section 20-104(b) of the Illinois Code provides in part that a private citizen may bring a lawsuit to recover damages from persons who have defrauded the…
