Illinois Supreme Court decides case allowing suspended police officers to seek backpay

On October 22, 2020, the Illinois Supreme Court decided Goral v. Dart, a case on police officers’ right to due process to claim backpay. 

The case concerned a decision regarding the legitimacy of Cook County Sheriff Tom Dart’s Merit Board. The Illinois Supreme Court upheld an appellate court’s decision which determined that officers suspended without pay could sue the sheriff’s office over the legitimacy of the merit board’s determination that those officers would be suspended without pay. The decision allows the officers to resume their case in circuit court where they may seek repayment for lost wages during their suspensions.

Justice P. Scott Neville (D) wrote the majority opinion in the case and was joined by Justices Thomas Kilbride (D) and Lloyd Karmeier (R) as well as Chief Justice Anne M. Burke (D). Justice Michael J. Burke (R) dissented, with opinion, joined by Justices Rita Garman (R) and Mary Jane Theis (D).

Attorneys Chris Cooper and Cass Casper, attorneys for the suspended police officers, said “Today Tom Dart is being told in crystal clear language that the officers are entitled to due process and entitled to their backpay.”

Sheriff’s office spokesman Matthew Walberg said, “Today’s Illinois Supreme Court decision is a catastrophic blow to law enforcement accountability… The decision rewards employees who engaged in criminal, unethical and despicable conduct at the expense of Illinois taxpayers.”

The election on November 3, 2020, will decide three seats on the Illinois Supreme Court:

  • District 1: Justices Neville is up for election. He was appointed by the Illinois Supreme Court to fill a vacancy on the court. Illinois is the only state in the country that allows the state supreme court to choose who fills a vacant seat on the court. 
  • District 3: Justice Kilbride faces a yes-no retention election to keep his seat on the state supreme court. 
  • District 5: Justice Karmeier’s seat is also up for election. Karmeier announced his retirement on December 6, 2019. 

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