Approaching the bench

Exploring the ‘symbiotic relationship’ between lawmakers and the judiciary

Exploring the ‘symbiotic relationship’ between lawmakers and the judiciary

By Tequia Burt
Chicago Lawyer Correspondent

Illinois lawmakers generally emphasize the strict separation of powers between the judiciary and General Assembly.

“The relationship between us and the courts is arm’s length; it’s respectful and we recognize that we are co-equal branches of government,” said House Minority Leader Jim Durkin, R-Western Springs. “But their job is to rule on the laws and determine whether or not they abide with our constitution and nothing more.”

However, cooperation between the courts and lawmakers can be essential to pushing forward key policy and legislation in the state of Illinois, according to other lawmakers and experts.

“On the whole, there’s not enough interplay between the courts and lawmakers,” said former state Rep. Scott R. Drury, D-Highwood. “I’m not saying that the court should dictate what we do, and we certainly shouldn’t dictate to the courts how they should interpret our laws. But there is a symbiotic relationship, obviously, between the judicial branch and the legislative branch. And to the extent that there could be more lockstep cooperation, I think it would help everybody in the long run.”

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Originally published in January 2019 in Chicago Lawyer

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