Ultsch v. Illinois Mun. Retirement Fund

• Decision Date: 02 August 2007
• Docket Number: No. 102232.,102232.
• Citation: 226 Ill.2d 169,874 N.E.2d 1
• Parties: Sharee ULTSCH, Appellant, v. The ILLINOIS MUNICIPAL RETIREMENT FUND, Appellee.
• Court: Illinois Supreme Court

874 N.E.2d 1

226 Ill.2d 169

Sharee ULTSCH, Appellant, v. The ILLINOIS MUNICIPAL RETIREMENT FUND, Appellee.

No. 102232.

Supreme Court of Illinois.

August 2, 2007.

Joseph Moscov, Waukegan, for appellant.

Michael B. Weinstein, Oak Brook, for appellee.

OPINION

Justice FREEMAN delivered the judgment of the court, with opinion:

In the circuit court of Lake County, plaintiff, Sharee Ultsch, sought to amend her complaint for administrative review to add the Illinois Municipal Retirement Fund Board of Trustees as a defendant, relying on section 3-103 of the Administrative Review Law (735 ILCS 5/3-103(2) (West 2004)), as amended by Public Act 89-685 (eff. June 1, 1997). The circuit court dismissed plaintiff's complaint based on its ruling that Public Act 89-685 was unconstitutional as violative of the single subject clause of the Illinois Constitution (Ill. Const.1970, art. IV, § 8(d)). This is the constitutional question presented for review. However, we need not reach this constitutional issue because we hold that section 3-103(2) of the Administrative Review Law did not allow plaintiff to so amend her complaint. Accordingly, we vacate the circuit court's order declaring Public Act 89-685 unconstitutional, and affirm the dismissal of plaintiff's complaint for the reasons herein stated.

I. BACKGROUND

Plaintiff is a Lake County employee, and Lake County participates in defendant, the Illinois Municipal Retirement Fund (IMRF) (see 40 ILCS 5/7-101 et seq. (West 2004)). IMRF denied plaintiff's application for temporary disability benefits. Plaintiff appealed the denial to the Benefit Review Committee of the IMRF Board of Trustees. Following a hearing, the committee recommended that the full Board of Trustees deny plaintiff's application for temporary disability benefits. The Board of Trustees adopted the committee's recommendation as the final administrative decision. The Board of Trustees notified plaintiff of its decision via United States mail on April 25, 2005.

On May 25, 2005, plaintiff filed a complaint for administrative review of the denial of her claim. The complaint named IMRF as the sole defendant and a single summons was served thereon. IMRF moved to dismiss plaintiff's complaint pursuant to section 2-619(a) of the Code of Civil Procedure (735 ILCS 5/2-619(a) (West 2004)). IMRF contended that dismissal was required because plaintiff failed to name the IMRF Board of Trustees as a defendant.

Plaintiff subsequently moved for leave to amend the complaint to add the Board of Trustees as a defendant. In her motion, plaintiff claimed that section 3-103(2) of the Administrative Review Law (735 ILCS 5/3-103(2) (West 2004)) "allows a complaint in an administrative review action to be amended to add as a party defendant the board that acted on behalf of a governmental entity in effectuating the administrative action which is the basis of the claim. Estate of Smida v. Illinois Municipal Retirement Fund, 353 Ill.App.3d 551, 289 Ill.Dec. 699, 820 N.E.2d 475 (2nd Dist. 2004)."

IMRF filed an objection to plaintiff's motion for leave to amend. In a supporting memorandum, IMRF acknowledged that the appellate court in Smida, with one justice dissenting on denial of rehearing, held that section 3-103(2) of the Administrative Review Law (735 ILCS 5/3-103(2) (West 2004)) allowed plaintiff to amend her complaint to name the Board of Trustees as an additional defendant. However, IMRF contended that "there is an additional issue, not decided by the Smida court, for this Court to consider." IMRF thereupon raised the constitutional issue that Public Act 89-685, which amended, among other statutes, section 3-103 of the Administrative Review Law, violates the single subject clause of section 8(d) of article IV of the Illinois Constitution of 1970.

The circuit court sustained IMRF's objection. In a memorandum order filed December 16, 2005, the court ruled that Public Act 89-685 was unconstitutional as violative of the single subject clause of section 8(d) of article IV of the Illinois Constitution. Consequently, the circuit court denied plaintiff's motion for leave to amend her complaint. In an order filed January 31, 2006, the circuit court, pursuant to its prior ruling, granted IMRF's motion to dismiss plaintiff's complaint for failure to add the Board of Trustees as a defendant.

Because the circuit court declared a statute of this state unconstitutional, this direct appeal followed. 134 Ill.2d R. 302(a).

II. ANALYSIS

This court acquired jurisdiction of the present case because a constitutional question is involved. However, while the case was under advisement, we discerned a threshold issue of statutory construction that could render adjudication of the constitutional issue unnecessary.

A. Prudential Restraint

It is quite established that this court will not address constitutional issues that are unnecessary for the disposition of the case. See, e.g., In re E.H., 224 Ill.2d 172, 178, 309 Ill.Dec. 1, 863 N.E.2d 231 (2006) (collecting cases). This policy derives from a sensitive understanding of American constitutional government. The Illinois Constitution establishes three coequal branches of government, each with its own powers and functions. Ill. Const. 1970, art. II, § 1. The constitution declares that the legislative branch makes laws, and that the judicial branch decides cases. To properly perform its constitutional function, a court must occasionally determine the constitutionally of a statute. In so doing, the court is exercising the power to decide the case before it. The determination of the constitutionality of a statute when not required to decide the case can impinge upon the lawmaking function of the legislature. Indiana Wholesale Wine & Liquor Co. v. State, 695 N.E.2d 99, 107 (Ind.1998). The policy of prudential judicial restraint is grounded in those considerations that form the unique character of judicial review of government action for constitutionality. The policy is based on the delicacy of that function, the necessity of each branch of government keeping within its power, and the inherent limitations of the judicial process. Indiana Wholesale Wine, 695 N.E.2d at 107, quoting Rescue Army v. Municipal Court of Los Angeles, 331 U.S. 549, 571, 67 S.Ct. 1409, 1421, 91 L.Ed. 1666, 1679 (1947).

Accordingly: "If [constitutional questions] become indispensably necessary to a case, the court must meet and decide them; but if the case may be determined on other points, a just respect for the legislature requires, that the obligation of its laws should not be unnecessarily and wantonly assailed." Ex parte Randolph, 20 F. Cas. 242, 254 (C.C.D.Va.1833) (Marshall, circuit judge) (quoted in Indiana Wholesale Wine, 695 N.E.2d at 106 n. 18). Illinois courts have exercised this policy of prudential judicial restraint in cases presenting constitutional issues arising from the legislative article of the Illinois Constitution. See, e.g., Bender v. City of Chicago, 58 Ill.2d 284, 287, 319 N.E.2d 34 (1974); Commissioners of Drainage District No. 5 v. Arnold, 383 Ill. 498, 507, 50 N.E.2d 825 (1943); Town of Cicero v. Illinois Ass'n of Firefighters, IAFF Local 717, 338 Ill. App.3d 364, 377-78, 272 Ill.Dec. 982, 788 N.E.2d 286 (2003) (declining adjudication of alleged single-subject clause violation).

In the present case, the seminal question must be whether the Administrative Review Law, as amended by Public Act 89-685, allowed plaintiff to amend her complaint for administrative review to add the Board of Trustees as a defendant. Manifestly, if the Administrative Review Law, as amended, does not allow plaintiff to amend her complaint to add the Board of Trustees as a defendant, then a nonconstitutional issue of statutory construction is presented, and the alternative constitutional issue should not be reached. See, e.g., Bismarck Hotel Co. v. Petriko, 21 Ill.2d 481, 485-86, 173 N.E.2d 509 (1961); City of Aurora ex rel. Egan v. Young Men's Christian Ass'n, 9 Ill.2d 286, 290-91, 137 N.E.2d 347 (1956); Fairbanks, Morse & Co. v. City of Freeport, 5 Ill.2d 85, 89-90, 125 N.E.2d 57 (1955). Subsequent to oral argument, we directed both parties to file supplemental briefs on this nonconstitutional issue.

B. Statutory Construction

Plaintiff's complaint for administrative review named IMRF only and a single summons was served thereon. IMRF moved to dismiss plaintiff's complaint, pursuant to section 2-619(a) of the Code of Civil Procedure (735 ILCS 5/2-619(a) (West 2004)), because plaintiff failed to name the Board of Trustees as a defendant. The circuit court granted IMRF's motion. The purpose of a motion to dismiss under section 2-619 of the Code of Civil Procedure is to afford litigants a means to dispose of issues of law and easily proved issues of fact at the outset of a case. People v. Philip Morris, Inc., 198 Ill.2d 87, 94, 259 Ill.Dec. 845, 759 N.E.2d 906 (2001). An appeal from a section 2-619 dismissal is the same in nature as one following a grant of summary judgment. In both instances, the reviewing court must ascertain whether the existence of a genuine issue of material fact should have precluded the dismissal, or absent such an issue of fact, whether dismissal is proper as a matter of law. Review is de novo. Carroll v. Paddock, 199 Ill.2d 16, 22, 262 Ill.Dec. 1, 764 N.E.2d 1118 (2002); Guzman v. C.R. Epperson Construction, Inc., 196 Ill.2d 391, 397, 256 Ill.Dec. 827, 752 N.E.2d 1069 (2001).

As earlier discussed, this case turns on the correct interpretation of several sections of the Administrative Review Law. IMRF's enabling legislation provides that "the Administrative Review Law, and all amendments and modifications thereof and the rules adopted pursuant thereto shall apply to and govern all proceedings for the judicial review of final administrative decisions of the retirement board." 40 ILCS 5/7-220 (West 2004). Although the Illinois Constitution grants an appeal as a matter of right from all final judgments of...