 The Illinois Supreme Court will not immediately hear Illinois Attorney General
Lisa Madigan’s case to stop paying state employees in the absence of a budget.
Madigan filed a motion with the St. Clair County Circuit Court Jan. 26 claiming
that without a state budget, Illinois’ tens of thousands of state workers
couldn’t lawfully be paid. The motion requested that the court dissolve its 2015
order that has allowed the state to pay its employees throughout Illinois’
budget impasse. When the circuit court refused her request, Madigan appealed
directly to the Illinois Supreme Court, short-circuiting the usual appeals
process.
The Illinois Supreme Court’s refusal to intervene at this point has not stopped
the attorney general’s effort to shut down state government. Madigan’s office
intends to appeal the case to the 5th District Appellate Court.
Madigan’s crusade to stop state worker paychecks has met with hostility on all
sides. Gov. Bruce Rauner and the American Federation of State, County and
Municipal Employees, Illinois’ largest government-worker union, have both
condemned Madigan’s efforts.
Lawmaker pay is shielded – by law – from this uncertainty. While some members of
the Illinois House of Representatives are currently suing the Illinois
comptroller’s office over a decision to delay legislator pay, the state is
forced by statute ̶ not a court order ̶ to pay state representatives and
senators, even during a budget impasse. House Speaker Mike Madigan and Senate
President John Cullerton championed this measure, which passed in 2014 and was
signed into law by then-Gov. Pat Quinn.
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 No other state employee or vendor enjoys this protection.
With continued talk of a potential “grand bargain” budget deal
containing multiple tax hikes, the timing of Madigan’s lawsuit seems
overtly political. A state government shutdown would ramp up
pressure to pass a budget deal laden with tax hikes, in order for
the state to continue providing services. The attorney general’s
father, House Speaker Mike Madigan, has long supported raising
taxes, and the hurried passage of a budget deal would be to his
benefit.
Both the governor and the General Assembly have backed proposals to
fund state worker pay. Rauner supports continuing state worker pay
indefinitely without a budget, while Democrats have thrown their
support behind a bill to keep paying state workers until June 30.
As Lisa Madigan takes her case to the 5th District Appellate Court,
state workers should take note of how the attorney general is using
their paychecks as a political bargaining chip in the budget
process, while lawmaker pay remains guaranteed.
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