Illinois Supreme Court
Civil Court
Jury
The right of trial by jury includes the right to demand a 12-member jury. Public Act which bars a litigant from exercising this right, and allowing for only 6-member juries, is facially unconstitutional. As provision regarding jury size cannot be severed from remainder of Act, addressing juror pay, At is entirely invalid. The 1970 Illinois Constitution protects right of trial by jury "as heretofore enjoyed", which means the right as it was enjoyed at the time the constitution was drafted. (FREEMAN, KARMEIER, BURKE, and THEIS, concurring.)