Illinois Supreme Court

Petrovic v. The Department of Employment Security

By Alyssa M. Reiter, Williams Montgomery & John Ltd.

This case, involving a denial of unemployment insurance benefits based upon employee misconduct, provided an opportunity for the Court to clarify the type of misconduct required and the proof necessary to justify such denial.

Petrovic applied for unemployment insurance benefits after she was terminated by American Airlines for misconduct at work. Petrovic had requested that the catering department deliver champagne to a customer and had asked a flight attendant to upgrade that passenger to first class.

The Department of Employment Security denied the request for unemployment benefits and the Board of Review affirmed that determination. Following further review, the case proceeded to the Supreme Court.

Because the applicable statute required that an employee’s violation be “deliberate and willful,” it necessarily required evidence that the employee was aware that her conduct was prohibited. In this case, there was no evidence in the record of a reasonable American Airlines rule or policy prohibiting Petrovic’s conduct. The employer’s sole witness at the administrative hearing testified only that “policies and procedures were not followed” but did not identify any specific rule or policy. Further, statements contained within the employer’s written protest were not legally competent evidence. The protest was merely a pleading and any facts alleged within the protest had to be substantiated with competent evidence.

Our panel of leading appellate attorneys review Friday's top Illinois Supreme Court Criminal opinions in People v. Cummings, People v. Tolbert, People v. Chambers, People v. Sanders, People. v. Williams, People v. Lerma, People v. Thompson and People v. Salem.

People v. Cummings

By Kerry J. Bryson, Office of the State Appellate Defender

Derrick Cummings was driving a van registered to Pearlene Chattic when an officer initiated a traffic stop because Chattic was the subject of an arrest warrant. The officer could not see the driver before initiating the stop. Upon approaching, he saw Cummings was a man and thus, clearly, was not Chattic. The officer asked Cummings for his license, and defendant responded he did not have one. Cummings was then cited for driving while license suspended.

The circuit court granted suppression, and the appellate court affirmed. Initially, the Illinois Supreme Court followed suit. On remand from the United States Supreme Court to reconsider its earlier opinion in light of Rodriguez v. U.S., 135 S. Ct. 1609, however, the Court reversed.

The Illinois Supreme Court announced Wednesday that Charles William Smith has been appointed as a Circuit Judge of the 19th Circuit, 1st Subcircuit. This appointment is effective Feb. 22, 2016 and terminates on Dec. 2018. This opening was the result of the retirement of the Hon. George Bridges.

Chief Justice Rita B. Garman of the Supreme Court of Illinois has begun an application process for an At-Large Circuit Court vacancy in the Eighth Judicial Circuit.

The vacancy is created by the resignation of Judge William O. Mays, Jr., effective January 15, 2016. Judge Mays has been an At-Large Circuit Judge in the Eighth Judicial Circuit since 2006.

Under the Illinois Constitution, judicial vacancies are filled by Supreme Court appointment. The application process will lead to the final Court approval. Applicants will undergo an evaluation and screening process.

Notice of the vacancy has been posted in the courthouses throughout the Circuit. The application form and instructions may be obtained by visiting the Illinois Supreme Court's website at www.illinoiscourts.gov and following the instructions in the "Latest News" scroller announcing the Eighth Judicial Circuit vacancy.