Illinois Appellate Court

Illinois Appellate Court. The Illinois Appellate Court is the intermediate appellate court in the Judiciary of Illinois, hearing appeals from the state's circuit courts. Established by the Illinois Constitution of 1870, it serves to ensure uniform application of the law and relieve the caseload of the Supreme Court of Illinois. Its decisions are binding on all lower courts statewide unless overruled by the state supreme court or a different appellate district.

History

The court was created by the Illinois Constitution of 1870, which reorganized the state's judiciary in response to the growing population and legal complexity following the American Civil War. Prior to its establishment, appeals from trial courts went directly to the Supreme Court of Illinois, leading to significant delays. The first appellate judges were elected in 1877. Subsequent constitutional reforms, particularly the Judicial Article of 1964, modernized the court's structure, abolishing earlier appellate circuits and creating the five-district system. Landmark legislation like the Court of Claims Act also defined aspects of its jurisdictional scope over claims against the State of Illinois.

Structure and jurisdiction

The court is divided into five geographical districts, with the First District covering Cook County and the remaining four covering the rest of the state. It exercises mandatory appellate jurisdiction over final judgments from the Illinois circuit courts in most civil and criminal cases, except for capital cases and those involving revenue or federal questions, which go directly to the Supreme Court of Illinois. The court also hears appeals from certain state administrative agencies, such as the Illinois Workers' Compensation Commission and the Illinois Property Tax Appeal Board. Each district operates independently, and its panels typically issue published opinions that become precedent within that district.

Judges and selection

Judges are elected to 10-year terms in partisan elections, a process outlined in the Illinois Constitution. Vacancies are initially filled by supreme court appointment, and those appointees must later run in retention elections to retain their seats. The court is led by a presiding justice in each district, with the overall administrative oversight provided by a justice selected as the court's Chief Justice. Notable justices have included Mary K. O'Brien, the current chief justice, and former justices like Anne M. Burke, who later served on the Supreme Court of Illinois. The Illinois State Bar Association often evaluates candidates for judicial vacancies.

Notable cases

The court has decided many influential cases shaping Illinois law. In *People v. Nitz*, it addressed the admissibility of DNA evidence, setting important procedural standards. The case of *Kelsay v. Motorola, Inc.* established the tort of retaliatory discharge in employment law. In *Hernandez v. Pritikin*, the court ruled on medical malpractice and the statute of limitations. Its decisions on governmental immunity, such as those involving the Chicago Transit Authority, have clarified the application of the Local Governmental and Governmental Employees Tort Immunity Act. These rulings are frequently cited by both the Supreme Court of Illinois and federal courts within the Seventh Circuit.

Relationship to other courts

The court is a critical component of the Judiciary of Illinois, directly below the Supreme Court of Illinois, which can review its decisions by certiorari. It reviews cases from the Illinois circuit courts and certain administrative bodies like the Illinois Commerce Commission. While its decisions are binding on all lower state courts, federal constitutional issues may be appealed to the United States Court of Appeals for the Seventh Circuit and ultimately the Supreme Court of the United States. The court also interacts with the federal judiciary on issues of comity and abstention doctrine, and its interpretations of state law are definitive for federal courts under *Erie Railroad Co. v. Tompkins*.

Category:Illinois Appellate Court Category:State appellate courts in the United States Category:1877 establishments in Illinois