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Property Tax Appeal Board Withdraws Proposed Rule to Prohibit Lawyer-Legislators from Practice Before the Board

The Property Tax Appeal Board has withdrawn a proposed rule that would have prohibited lawyer-legislators from practicing before the board.

At its Nov. 13, 2018 meeting, the Joint Committee on Administrative Rules voted to object to the rulemaking and prohibit its filing with the Secretary of State. The committee's reasoning is that since the Property Tax Appeal Board has no statutory authority to take the action embodied in this rulemaking, such rulemaking represents a threat to the public interest.

The ISBA opposed the proposed rule on the grounds that it violated the separation of powers clause of the Illinois Constitution, and that the Illinois Supreme Court already regulates lawyers’ conduct.

The ISBA further contended that the proposal would unreasonably restrict the public’s choice of legal counsel and limit the benefits of retaining experienced counsel.

Posted on January 2, 2019 by Rhys Saunders
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Member Comments (1)

It’s unfortunate that the ISBA took that position. It reinforces the view that many people have that the ISBA is simply a trade association.  Nothing more.