After Illinois Governor Rauner terminated the appointment of a member of the Illinois Prisoner Review Board, the terminated member sued, claiming he was wrongfully terminated. The circuit court agreed, but that ruling was reversed by the Illinois Appellate Court, which held that the Governor’s decision to remove the IPRB member was not subject to judicial review. The case was eventually appealed to the Illinois Supreme Court in Gregg v. Rauner.
In 2012, Gregg, the mayor of Harrisburg, was appointed by former Governor Quinn to serve on the IPRB board. At the time of his appointment, Gregg was required to file statement of economic interests. In his statement, he wrote “none” in the space requiring identification of any gift valued over $500.
In 2013, the former treasurer of Harrisburg notified the state that Gregg had failed to include a medical lift chair that he had received as a gift. No action was taken at that time.
In 2014, Gregg filed for bankruptcy, indicating on his petition monthly income of $4,027 from operating a business. After Governor Rauner took office, a newspaper reporter contacted the Governor’s legal counsel asking whether Gregg’s reported income violated state law that prohibits IPRB members from engaging in any other business, employment, or vocation.
In 2015, Governor Rauner’s General Counsel informed Gregg that the Governor’s Office had received allegations that Gregg had submitted a false bankruptcy filing and had failed to report gifts on his statement of economic interests. Gregg responded that the income reported on the bankruptcy filing was his wife’s and that the statement he filed related to 2011, and he was not asked to file an amended statement in 2012. Shortly thereafter, the Governor terminated Gregg’s appointment,, citing malfeasance, incompetence, and neglect of duty.
The circuit court ruled in favor of Gregg, holding that the reasons given by Rauner were not sufficient to constitute “cause” under state law. The appellate court reversed, finding that the court had no jurisdiction over the removal of members of the IPRB.
The Illinois Supreme Court agreed, finding that the separation of powers doctrine prohibited a court from reviewing the Governor’s removal of a member of the IPRB because that review would interfere “with the Governor’s responsibility for the faithful execution of the laws.” The Court acknowledged that there are other boards and commissions that are constitutionally created and politically independent where removal could be judicially reviewed; however, the IPRB was not such a board. As a result, the Court concluded that the Governor’s decision to remove Gregg from the IPRB board was not subject to judicial review.