Local States Attorneys Say Governor Can't Tell Them Which Cases to Prosecute

A Friday afternoon announcement by Illinois Governor J.B. Pritzker creating an emergency rule making it a Class A misdemeanor for certain businesses to open is generating pushback from state's attorneys.

Fayette County State's Attorney Josh Morrison, along with Fayette County Sheriff Chris Smith, said the governor's action to create the rule was "overreach" Morrison and Smith stated the rule is not a criminal infraction, and the law cited by the governor is not part of the criminal code, so is a civil issue. A statement from Morrison and Smith reads that law enforcement is directed not to arrest anyone on this basis, and that the Fayette County Jail will not accept anyone arrested solely on this basis.

A provision of the governor's rule is that "State's Attorneys SHALL prosecute" violators of the rule. Effingham County State's Attorney Bryan Kibler Monday said a spokesman for the governor has indicated that the rule is "part of the toolkit" of items the governor can use to gain compliance. Kibler said it is a violation of the separation of powers for a member of the Executive Branch to direct a prosecutor who to prosecute.

Kibler said there is a meeting of the Joint Committee on Rules scheduled Wednesday in Springfield when the matter should be addressed.