Tully v. State

John P. Tully, plaintiff, and William Sylvester White, defendant, claim the same seat on the First District of the Illinois Appellate Court. Each claim is based on the results of the general election held on November 6, 1990. Tully asserts that he was duly elected to occupy that seat. White contends that he was duly retained to occupy the same seat. The trial court held that the automatic retirement provision of the Compulsory Retirement of Judges Act (Act) (Ill. Rev. Stat. 1989, ch. 37, par. 23.71) is unconstitutional. Therefore, White was declared the lawful occupant of the appellate court…