People Ex Rel. City of Kankakee v. Morris

The State’s Attorney brought this quo warranto action on behalf of the city of Kankakee to remove defendant Joseph Morris from his elected office as alderman of the city. The trial court granted summary judgment in favor of the People, and defendant appeals. At issue is whether an alderman can be ousted from office for a felony theft conviction when he is sentenced to probation.

On April 12, 1983, defendant was elected alderman for the seventh ward of Kankakee. On May 3, he pleaded guilty to theft under sections 16 — 1(a) and 16 — 1(e)(3) of the Criminal Code of 1961. (Ill. Rev. Stat. 1983,…