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10 Illinois opinions name it 2 courts 1988–2023 2 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Kunkel v. Waltongreen2 sentences2023Id. at 529 . ¶ 31 The supreme court, however, retains primary constitutional authority over court procedure, and the legislature violates the separation of powers “when a legislative enactment unduly encroaches upon the inherent powers of the judiciary, or directly and irreconcilably conflicts with a rule of this court on a matter within the court’s authority.” Id. at 528 . 2023In accordance with its supervisory authority, the supreme court stated that “ ‘[w]here matters of judicial procedure are at issue, the constitutional authority to promulgate procedural rules can be concurrent between the court and the legislature.’ ” Id. ¶ 30 (quoting Kunkel v. Walton, 179 Ill. 2d 519, 528 (1997)). ¶ 68 The supreme court continued that when a statute conflicts with a court rule, the court will, if possible, reconcile the legislation with the judicial rule. | 1 | 6 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Williams
green
2 sentences1991If legislation conflicts with a rule of the judiciary, our court will seek to reconcile the legislation with the judicial rule. [Citations.] Where, however, a statute ‘directly and irreconcilably conflicts with a rule of this court on a matter within the court’s authority, ’ the rule will'prevail over the statute.” (Williams, 124 Ill. 2d at 305-06 , 529 N.E.2d at 560 .) Williams stands for the proposition that courts should conclude that a statute conflicts with a supreme court rule only when the statute and the rule are directly and irreconcilably in conflict, and that before so concluding th 1991If legislation conflicts with a rule of the judiciary, our court will seek to reconcile the legislation with the judicial rule. [Citations.] Where, however, a statute ‘directly and irreconcilably conflicts with a rule of this court on a matter within the court’s authority, ’ the rule will'prevail over the statute.” (Williams, 124 Ill. 2d at 305-06 , 529 N.E.2d at 560 .) Williams stands for the proposition that courts should conclude that a statute conflicts with a supreme court rule only when the statute and the rule are directly and irreconcilably in conflict, and that before so concluding th | 5 | 1991–2001 |
People v. Walker
green
1 sentence1988(People v. Walker (1988), 119 Ill. 2d 465, 475 ; O’Connell v. St. | 1 | 1988–1988 |