Schneider v. County of Will
Opinion of the Court
ORDER
This appeal arises from a zoning and permit dispute between the County of Will,
On appeal Schneider and Bally do not address the district court’s grant of summary judgment on the merits. Instead, they argue only that the district court should have granted their motion to disqualify the private firm and to appoint a special state’s attorney to act in its place. This argument is based on their claim that the Will County state’s attorney did not comply with the Illinois state statute that governs the appointment of special state’s attorneys when he appointed the firm. See 55 ILCS 5/3-9008 (describing the power of courts to appoint special state’s attorneys).
Typically, Illinois counties are represented in court by a state’s attorney who has the duty “to defend all actions and proceedings brought against his county, or against any county or State officer, in his official capacity, within his county.” 55 ILCS 5/3-9005(a)(4). The state’s attorney is an elected official who coordinates and oversees the legal affairs of the county; he or she is not expected personally to attend to each case. One tool that the law provides to enable the state’s attorney to carry out this responsibility is the authority to appoint assistant state’s attorneys when authorized by the county board. 55 ILCS 5/4-2003. Another statute, ILCS 5/3-9006, confers on the state’s attorneys the power to “control the internal operations of [the] office and procure the necessary equipment, materials and services to perform the duties of [the] office” (emphasis added). We need not resolve whether this authority is broad enough to empower a state’s attorney to contract for legal services outside the context of 5/4-2003, as long as there is money in the budget for this purpose. Nor need we comment on whether the county board must authorize the employment of assistant state’s attorneys one at a time, or whether it may (through appropriations) give advance authority. These questions, while perhaps interesting, are beside the point here, because Schneider and Bally’s case runs into another insurmountable obstacle.
As we noted, Schneider and Bally take the position that Kiesler & Berman was not authorized to represent the County in this case, because only a court has the ability appoint a special state’s attorney, see 55 ILCS 5/3-9008, and no court has done so. But regardless of whether Will County followed the proper state procedures for appointing Kiesler & Berman,
The lack of any injury personal to them is fatal to their standing here. See Elk Grove Unified School Dish v. Newdow, 542 U.S. 1, 124 S.Ct. 2301, 2308, 159 L.Ed.2d 98 (2004) (“In essence the question of standing is whether the litigant is entitled to have the court decide the merits of the dispute or of particular issues.”) (quoting Worth v. Seldin, 422 U.S. 490, 498, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975)); see also Murchison v. Kirby, 201 F.Supp. 122, 123 (S.D.N.Y. 1961) (“[T]his is rather a strange procedure in that the moving party seeks not a definitive relief in connection with the action to which he is a party, but rather the collateral relief of depriving plaintiffs of their counsel.”). The district court properly denied Schneider and Bally’s motion. Moreover, even if they could somehow surmount the standing obstacle, the consequence would not have been a conclusion that the County had never appeared at all; it would simply have been an order by the court to substitute counsel.
Because of our resolution of this case, we Deny as moot the County’s motion to strike the appellant’s reply brief.
Affirmed.
Reference
- Full Case Name
- B. Michael SCHNEIDER and Janine L. Bally v. COUNTY OF WILL, a municipal corporation
- Cited By
- 2 cases
- Status
- Published