Legal Opinion · Concurring in part, dissenting in part

People ex rel. Rice v. Appellate Court

Illinois Supreme Court

Decided April 1, 1971No. 43844Published

1Concurring in part, dissenting in part

Mr. Chief Justice Underwood,

specially concurring in part and dissenting in part:

I agree that the Appellate Court had jurisdiction under Rule 609(c) to stay the order of the circuit court, and that such stay order encompassed the ousters from office. However, I disagree with the majority opinion insofar as it may be thought to imply that a “conviction” of official misconduct (Ill. Rev. Stat. 1969, ch. 38, par. 33 — 3) means final disposition of the case, including appeals, rather than conviction in the trial court.

The majority- distinguishes People ex rel. Keenan v. McGuane, 13 Ill.2d 520, on…

2Cases cited7 opinions

  1. People Ex Rel. Keenan v. McGuaneIllinois Supreme Court · 1958
  2. State Ex Rel. Zempel v. TwitchellWashington Supreme Court · 1962
  3. People ex rel. Anderson v. CzarneckiIllinois Supreme Court · 1924
  4. People ex rel. Comerford v. MillerIllinois Supreme Court · 1924
  5. Greening v. BarnesIllinois Supreme Court · 1933

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