Hoffman v. Madigan

Illinois Appellate Court
Civil Court
Attorney General Discretion
Citation
Case Number: 
2017 IL App (4th) 160392
Decision Date: 
Thursday, June 22, 2017
District: 
4th Dist.
Division/County: 
Sangamon Co.
Holding: 
Affirmed.
Justice: 
Holder White

Plaintiff, in his official capacity as Director of Central Management Services (“CMS”), filed a complaint against Defendant, Lisa Madigan, in her official capacity as Attorney General, requesting that she be enjoined from representing CMS on cases involving personal assistants based on her refusal to present a defense that CMS asked her to regarding personal assistants. Plaintiff contended that Defendant’s refusal to present the defense interfered with CMS's statutory authority to make the initial determination regarding the compensability of personal assistants’ workers’ compensation claims. Defendant filed a motion to dismiss for failure to state a cause of action, which the Court granted. Court properly granted Defendant’s motion, because the Attorney General has broad discretion in representing the State in litigation where the State is the real party in interest, and Defendant's decision to refuse to raise an argument is within that discretion.