In a dramatic turn of events, the Illinois Appellate Court has vacated an administrative law judge's (ALJ) decision and ordered a new hearing for a man who claims his due process rights were violated during a vehicle impoundment proceeding. The complaint was filed by Frank Adkins, Sr., in the Circuit Court of Cook County on August 23, 2024, against the City of Chicago Department of Streets and Sanitation and the City of Chicago Department of Administrative Hearings.
The case began on May 12, 2022, when Adkins was stopped by police officers Zackery Nasir and Ricardo Rivera while he was parking his white Porsche Cayenne on South Rhodes Avenue. The officers claimed they smelled cannabis from the vehicle and found a loaded firearm in the glove box during their search. Neither Adkins nor his son, who was also in the car, could produce valid Firearm Owners Identification (FOID) cards or Concealed Carry Licenses (CCL), leading to the vehicle's impoundment. Adkins paid $2175 to retrieve his car but contested the decision through an administrative hearing.
During the hearings held on May 16 and June 1, 2022, before ALJs Dennis Guest and Michael Cawley respectively, Adkins argued that the stop was improper and questioned Officer Nasir’s justification for considering his vehicle double-parked. However, ALJ Cawley limited Adkins' ability to cross-examine Nasir effectively. When Adkins tried to challenge Nasir’s account further or clarify procedural details about finding the firearm, he was repeatedly interrupted by the ALJ who insisted that “the evidence is in.”
Adkins appealed to the Circuit Court on February 21, 2023. He argued that there was no basis for the stop or subsequent impoundment since it stemmed from an allegedly illegal stop. The Circuit Court sided with Adkins but faced resistance from city attorneys who maintained that exclusionary rules do not apply in civil proceedings like vehicle impoundments.
Upon reviewing the case, Justice C.A. Walker of the Illinois Appellate Court found significant due process violations in how ALJ Cawley conducted the hearing. Walker noted that Adkins was denied a meaningful opportunity to cross-examine Officer Nasir fully and present his defense adequately. The court emphasized that such administrative hearings must adhere to fundamental principles of due process which include impartial rulings on evidence and opportunities for cross-examination.
The court vacated ALJ Cawley's decision citing prejudicial conduct that compromised fairness. It remanded for a new hearing before a different ALJ to ensure justice is served impartially. Presiding Justice Sharon Oden Johnson concurred specially, emphasizing additional reasons why she believed due process had been violated.
The plaintiffs are seeking not only a new fair hearing but also potentially refunds for fees paid under what they argue were unjust circumstances. They hope this case will set a precedent ensuring stricter adherence to due process rights in future administrative hearings.
Attorneys involved include those representing Frank Adkins Sr., city attorneys defending Chicago’s departments involved in this matter, with Judge Leonard Murray presiding over initial circuit court proceedings under Case ID No. 22 M1 450106.