October 26, 2009
Appealing a Court Case Is a Legal Right
If you’re disappointed with a judge’s ruling and believe that your case was decided unfairly, you have a right to appeal the decision to another court.
In Illinois and most other states, that court is called the Appellate Court.
“The Illinois Appellate Court is the court of first appeal for civil and criminal cases arising in the Illinois Circuit Courts, and it’s often the last chance for the litigant to have the case heard,” notes Justice Mary S. Schostok, of the 2nd Appellate District, and an officer of the Illinois Judges Association.
In Illinois, there are 54 Appellate justices serving in five districts. The majority of the justices are elected, with some having been appointed by the Supreme Court of Illinois to fill vacancies until the next general election.
The manner in which the Appellate Court hears cases is very different from that of the trial courts. Three justices hear each case, and two must agree to arrive at a decision. The Court then issues its opinion in writing, in the form of a published Opinion or an unpublished Order. If one justice disagrees, he or she may write a “Dissent,” explaining why they respectfully disagree with the Opinion or Order.
Civil and criminal cases appealed before the Illinois Appellate Court can ultimately be heard by the Supreme Court of Illinois. If one side or the other files an appeal from an Appellate Court decision, the Supreme Court of Illinois has the discretion to accept the appeal and accepts only five percent of those filed, so in most situations, the Appellate Court’s decision is final.
Few appeals are undertaken without an attorney. There are many rules and deadlines that must be followed or the appeal may be dismissed. During the appeal proceedings, a litigant cannot contact any justice directly regarding his or her appeal at any time. On occasion, lawyers are required to present an Oral Argument in which each side has an opportunity to explain its position to the panel of judges. The litigants and members of the public may attend.
An appeal is unlike a trial. “Appellate justices do not try cases or have juries, witnesses or court reporters,” says Justice Joy V. Cunningham, who sits in the 1st Judicial District (Cook County). “And the Appellate Court cannot accept new evidence.” Instead, she explains, appeals are based on a written record of the testimony, court pleadings, and the exhibits before the trial court.
Appellate court justices are not only decision-makers but also writers. Once a panel of three justices votes and reaches a decision which is issued in writing and explains the relevant facts and analyzes the contested issues. That decision, also called an “opinion” becomes “precedent,” meaning the ruling is binding in later cases with similar facts. Precedent from a higher court carries more weight than precedent from a lower one.
Further information about the Illinois Appellate Court can be found at http://www.state.il.us/court/AppellateCourt/default.asp.
The Illinois Judges Association, established in 1971, provides continuing legal education to members of the judiciary and education to the public on the Illinois courts and court procedures. For further information, write to the IJA at 321 S. Plymouth Court, Chicago, IL 60604-3997, or visit their web site at www.ija.org.
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Note: This information was prepared as a public service by the Illinois Judges Association. Its purpose is to inform citizens of their legal rights and obligations. Consult a lawyer if you have questions about the application of the law in a particular case.
Maureen McClelland, Executive Director
321 South Plymouth Court, Chicago, IL 60604
(312) 431-1283 or (888) 431-1283 Fax: (312) 554-2054
E-mail address: This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
Website: ija.org•