Governor Seeks Dismissal of Count in Bailey vs. Pritzker Lawsuit

The Illinois Attorney General's office, on behalf of Governor J.B. Pritzker, has filed a motion to dismiss a count in the suit filed by St. Rep. Darren Bailey against the governor. The filing was received by the Clay County Circuit Clerk's office late Tuesday night.

The motion seeks to dismiss the count that was denied by Judge Michael McHaney during a hearing July 2 in Clay County Circuit Court. It does not address the two counts that were granted in Bailey's favor.

The motion, filed by Deputy Attorney General Thomas Verticchio, asks the Court to dismiss the count as moot since the relief sought in that motion was already granted Bailey in the other two counts.

We spoke by phone Wednesday afternoon with Bailey's attorney, Thomas DeVore of Greenville, who said he is still reviewing the possible reasons for the State's motion to dismiss when the count was already denied, but he said it could be that the State feels having the motion dismissed could clear the decks for an appeal by the State on the two counts decided in Bailey's favor.

Meanwhile, during a phone call with Annie Thompson of the Attorney General's office, Thompson said the State is contending in the new motion that while Judge McHaney denied the motion for summary judgement in Count 1 of the suit, Count 1 itself is still viable, and that's why the State is seeking the count to be dismissed. The State's new motion contends that "with Count 1 remaining, there is no final judgment from which the Governor can appeal the Court's grant of summary judgment for Bailey on Counts 2 and 3."

A hearing on the State's motion to dismiss the count is set for July 17 in Clay County Circuit Court.

Another item that could come up is a local court rule that when a matter is filed, the opposing counsel has 10 days to respond. 

Verticchio argued at the July 2 hearing that the 10-day period of time was not tolling when the case was moved to Federal court. He argued at the hearing on July 2 that the matter should not have been considered before July 9. Judge McHaney took note of Verticchio's arguments and proceeded with the hearing.