The Illinois Supreme Court recently issued a ruling holding that the Illinois law reducing civil juries from 12 to six people was unconstitutional. This Illinois Supreme Court opinion affirmed a December 2015 ruling by Cook County Associate Judge William Gomolinski.

Illinois Public Act 98-1132, which took effect on June 1, 2015, reduced civil juries from 12 to six jurors and effectively eliminated the right to a 12-person jury if either side demanded it.  The Illinois Supreme Court’s decision completely invalidated the entire Act. Five of the Illinois Supreme Court justices supported the majority decision, while Justices Robert R. Thomas and Thomas L. Kilbride took no part.

The underlying case, which was filed in Cook County approximately one month after the effective date of the statute, involved two individuals who filed a lawsuit alleging medical negligence against five doctors and their employers. The defendants moved to request a 12-person jury and sought a declaration that the Public Act (P.A. 98-1132) was unconstitutional. In this regard, the defendants argued that the Illinois law eliminating the right to a 12-person jury panel violated the right of trial by jury and separation of powers among branches of government. The case is James Kakos, etc., et al., appellants, v. Jerry Bauer, etc., et al, No. 120377.

In striking down the law reducing the civil jury size, the Illinois Supreme Court reasoned that the drafters of the 1970 Illinois State Constitution intended to guarantee larger juries in civil cases. Additionally, the Illinois Supreme Court’s opinion, authored by Chief Justice Rita B. Garman, stated that the Illinois Constitution guaranteed “the right of trial by jury as heretofore enjoyed,” which the justices interpreted as meaning to preserve the practice of 12-person juries because it was the right as it existed when the Illinois Constitution was adopted.