Statement from President Hartigan Concerning Public Participation in the Lawmaking Process

This week, an Illinois State Bar Association (ISBA) member has been subjected to harassment and threatening messages as a direct result of his representing the views of the Association during a hearing of an Illinois House of Representatives legislative committee. The member testified to explain the Association’s opposition to House Bill 4113. In the days following his testimony, the member has been subjected to profane and threatening messages on his firm’s website and social media profiles. Additionally, based on profane and threatening phone calls received by his law firm, the police have advised the member to take precautions to minimize access to his office by the public.  

This type of abhorrent behavior has no place in our lawmaking process. Retaliatory attacks like this impede the legislative process and have a chilling effect on civil, public discourse. For this very reason, the Illinois legislature enacted the Citizen Participation Act in 2007 to address civil actions brought to deter government participation in opposition to the interests of the plaintiff. The Act is premised on a declaration that it is “the public policy of the State of Illinois that the constitutional rights of citizens and organizations to be involved and participate freely in the process of government must be encouraged and safeguarded with great diligence.” 735 ILCS 110/5.

While the conduct I previously described does not fall within the purview of the Citizen Participation Act because no lawsuit has been brought, the public policy declared in the Act is clearly applicable in this situation.  As such, we should all work diligently to safeguard full participation in our lawmaking process and condemn the type of retaliatory attacks to which this ISBA member has been subjected.

Hon. Russell W. Hartigan (ret.)
President, Illinois State Bar Association