Illinois Gov. JB Pritzker is arguing federal oversight of state employment practices can do no more than challenge the political coercion of workers, but federal watchdogs contend they can also monitor all employee movement, such as hirings, transfers and promotions.
The arguments are the latest moves in a fight by Pritzker to drive a stake through the so-called Shakman Decrees.
Chicago lawyers Michael Shakman and Paul Lurie sued the Cook County Democratic Party in 1969 to fight patronage. That suit led to so-called consent decrees beginning in 1972, which are federal court orders barring Illinois government officials from letting politics improperly control government jobs and allows federal oversight of hiring in Cook County and Springfield.
"After 48 years under the decree, this case has left behind any remaining federal interest and any case or controversy. The State is operating in compliance with federal law, has instituted a durable remedy, and thus has achieved the objectives of the 1972 decree," Pritzker said in court papers filed Oct. 19 by Illinois Assistant Attorney General Brent Stratton.
In particular, Pritzker is maintaining Shakman only authorizes oversight of “a system of coerced political work demanded of those already employed by the government as a condition of continued employment.”
Such a system is against the law and can be addressed by Shakman, but hiring off the street and hiring from within does not violate the law and is exempt from Shakman, in Pritzker's view.
Edward W. Feldman, an attorney for Shakman, countered on Oct. 29 that the "coercion-only" contention is flawed logically.
"The case was also about less extreme but no less pervasive forms of political discrimination. The Decree clearly and purposefully went well beyond prohibiting coerced political work. The broadly-worded prohibition in the Decree of any political manipulation of state employment was necessary then, and is necessary now, to address the harms that flow from the patronage system," Feldman argued.
Feldman additionally contended, "A consent decree can extend beyond the precise contours of federal law, as well as include provisions as to which the law is unsettled. The Decree clearly and purposefully went well beyond prohibiting coerced political work. The broadly-worded prohibition in the Decree of any political manipulation of state employment was necessary then, and is necessary now."
Feldman said the governor must prove violations do not persist and a "durable remedy" is in place, but instead, Pritzker points to systems and processes, some of which have not yet been implemented, much less reviewed in court, as proven remedies.
Pritzker has engaged in a "crabbed" effort to redefine Shakman, trying to pull off a "sleight of hand," Feldman alleged.
A status hearing in the proceedings is set for Dec. 1.
Shakman and Lurie, who are licensed lawyers in Illinois, are represented by the Chicago firm of Locke Lord, and Shakman's firm of Miller, Shakman, Levine & Feldman.
Lurie is with the Chicago firm of Schiff Hardin.