Jump to content

Online portal to submit Circuit Court rulings overturning CCL Review Board denials


Recommended Posts

Though I don't have a dog in this particular fight. I really don't think the AGs are going to give up on any of these without putting up a fight....that is what they get paid to do....and every single case is going to be fought tooth and nail. Expecting less of that from Gov. Quinn would be a huge mistake.

 

From what I understand, each AAG has many of these cases. They may only focus on the ones that they see fit. I agree that I don't think they will file a motion to dismiss, but I have to beleive that with the quantity of these that they have to fight, some will not be fought as hard as others.

Link to comment
Share on other sites

That or they'll fight all of them and not half-.... any case simply by queuing the cases, taking on a few at a time and get the the judges to grant motions for extensions. That is not beyond the realm of possibility. I've seen AAGs get a motion for extension of time because one of the attorneys' caseloads is too large and another is on vacation (both assigned to the same case). If their caseloads are too large that they cannot adequately represent their client (the state) then it's a violation of the Code of Professional Conduct (Rule 1.3, Diligence). In reality, who knows but I'm pretty sure that no one will receive a benchslap due to this type of thing since it's already "the rule."

 

Sent from my SCH-I545 using Tapatalk 2

 

 

Link to comment
Share on other sites

Is the current skirmishing over whether the judge should issue the order to release the information the ISP received that caused an applicant to be referred to the board in the first place?

 

It appears that way to me.

 

if so, the AG could potentially just decide not to fight such orders at all and it might not mean all that much in the long run.

Link to comment
Share on other sites

Is the current skirmishing over whether the judge should issue the order to release the information the ISP received that caused an applicant to be referred to the board in the first place?

 

It appears that way to me.

 

if so, the AG could potentially just decide not to fight such orders at all and it might not mean all that much in the long run.

It is absolutely NOT the case....there hasn't been one documented case where the judge has refused to issue the order......any effort to limit the release of the information would be a literal act of war...they aren't running a star chamber.....the real fighting will start after the disclosure is made and they start hearing cases on the merits.

Link to comment
Share on other sites

Everything that the AG has done so far, according to my attorney, has been normal procedure. I wouldn't say it sounds positive or negative at this point. Once the hearings start, we will know more. I agree with Elmer that I doubt the Judge will refuse issue the order. I think once the AG (and the plaintiffs) receive the info about the objections and the board findings, that's when the decisions will be made whether or not to continue.

Link to comment
Share on other sites

Perhaps I should rephrase my question. What is it that the AG is actually asking for more time to do? It does not appear to me that there is any substantive legal work they need to do for the judge to just look at an existing record once it is produced. It is not like there are going to be any arguments from either side.

 

It appeared to me they are just asking for more time to produce the records.

Link to comment
Share on other sites

They ask for more time just to drag things out as much as they can because they hate The applicants, they hate guns and they want to do everything they can to prevent as many people as possible. You guys Will never find out The truth even after your dog and pony show court date or after your license is in your wallet finally.
Link to comment
Share on other sites

They ask for more time just to drag things out as much as they can because they hate The applicants, they hate guns and they want to do everything they can to prevent as many people as possible. You guys Will never find out The truth even after your dog and pony show court date or after your license is in your wallet finally.

this is something a little more visceral for us but for the guys from the AG's office it is probably more of a routine judicial review. They probably do these by the thousands. This one is a little different because the law is new. maybe they just need some time to figure out what the law actually requires of them. To date I have seen no evidence whatsoever that anyone associated with the state is deliberately not following the law as written.

Link to comment
Share on other sites

I have to weigh in on that. In my case, Denied for DUI classes which seem to befuddle the ISP and are treated the same as Court Ordered Treatment for Alcoholism and Detoxification does not follow the Letter, Intent or Spirit of the Law. But I am still denied 5 months after applying and submitting all relevant supporting documents delivered April 17th. It's as if the ISP created it's own standard for denial. I meet all the standards of Section 25 of the Law, found eligible by the Board of Review, the objection to which I am convinced could only have come from ISP and still denied by ISP since March 13th with no final review or any communication from ISP in spite of my past inquiries on status and request for Administrative Review of something for which I should not have been denied for in the first place.

Link to comment
Share on other sites

 

They ask for more time just to drag things out as much as they can because they hate The applicants, they hate guns and they want to do everything they can to prevent as many people as possible. You guys Will never find out The truth even after your dog and pony show court date or after your license is in your wallet finally.

this is something a little more visceral for us but for the guys from the AG's office it is probably more of a routine judicial review. They probably do these by the thousands. This one is a little different because the law is new. maybe they just need some time to figure out what the law actually requires of them. To date I have seen no evidence whatsoever that anyone associated with the state is deliberately not following the law as written.

 

 

I agree. My attorney told me that everything the AAG has done so far is standard procedure for administrative review. Also keep in mind that nobody knows what we are dealing with until we get the actual information from the board regarding the denial. Until then, they are just as much in the dark as we are.

Link to comment
Share on other sites

IronSam, ISP has a different definition of the word "treatment" than the courts, statute, practitioners, and everyone else. My eval form has 4 boxes. First two do not include "treatment" in the language. Last two (reserved for someone with a BAC of .20 or something absurdly high, or according to one circuit clerk, repeat offenders as in 3+ or a second while under supervision etc) include "treatment" in terms of residential detox etc. I agree with Elmer, this is a case of stupidity. I can't see how they can justify upholding your denial.

 

Sent from my SCH-I545 using Tapatalk 2

 

 

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...