Gregg v. Rauner

Illinois Appellate Court
Civil Court
Judicial Orders
Citation
Case Number: 
2017 IL App (5th) 160474
Decision Date: 
Friday, September 8, 2017
District: 
5th Dist.
Division/County: 
Saline Co.
Holding: 
Reversed and remanded.
Justice: 
WELCH

Plaintiff filed complaint against Governor, to challenge his removal of Plaintiff from Illinois Prisoner Review Board (IPRB). Although IPRB performs some quasi-judicial functions, IPRB is not a quasi-judicial agency for which political independence is necessary for integrity of its processes. IPRB acts as an agent of executive branch by performing executive functions and aids in exercise of traditional power. Members of IPRB are removable by virtue of Governor's removal power set forth in Illinois Constitution and section 3-3-1(c ) of Unified Code of Corrections, and a removal decision is not subject to judicial review.(BARBERIS, concurring; OVERSTREET, dissenting.)