Case Details

Issues

Common Law Powers, Standing

Filing State

IL

Court

Illinois Supreme Court

Year

2013

Citation

People ex rel. Madigan v. Burge, 2012 Ill. App. LEXIS 973; 2012 IL App (1st) 112842 (Nov. 30, 2012)

Resolution

Illinois attorney general has common law powers as well as those expressed in statutes. Attorney general’s legislatively prescribed duties included, “the duty to represent the people of the state in any litigation in which the people of the state are interested; and to investigate alleged violations of the statutes which the Attorney General has a duty to enforce. .

Case Description

A retired police officer was convicted of obstruction of justice and perjury in connection with a federal investigation of the torture and abuse of arrestees when he was employed by the Chicago police department. The officer, who retired in 1997 and was sentenced in 2011, received pension benefits. The Pension Board concluded that §5/5-227 of the Pension Code, which provided that “none of the benefits provided for in this Article shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with his service as a policeman,” did not apply. The Illinois attorney general filed a complaint alleging that the Pension Board’s decision violated §5/5-227 and seeking an injunction against further pension benefits and an order requiring him to repay amounts paid since the felony conviction. The Pension Board challenged the attorney general’s standing to bring this claim. The supreme court reaffirmed that the Illinois attorney general has common law powers as well as those expressed in statutes. The court concluded that the attorney general’s legislatively prescribed duties included, “the duty to represent the people of the state in any litigation in which the people of the state are interested; and to investigate alleged violations of the statutes which the Attorney General has a duty to enforce. . . Here, the Attorney General, as the representative of all the taxpayers of the state, has the standing under her statutory powers to sue to recover funds disbursed in violation of section 5-227 of the Pension Code.” The court went on to hold that the Attorney General could challenge the Board’s decision, and that the decision was voidable.