On September 22, 2016, the Illinois Supreme Court in Kakos v. Butler, 2016 IL 120377, struck down Public Act 98-1132 (the “Act”), which limited the size of a civil jury to six persons and increased the amount paid per day to jurors throughout Illinois.  The Act was signed into law in December 2014 and became effective on June 1, 2015 and was passed as a partial result from lobbying from the Illinois Trial Lawyers Association.  The Act did not apply to criminal trials.

The Illinois Supreme Court affirmed Judge William Gomolinski of the Circuit Court of Cook County, Law Division’s ruling that the Act was unconstitutional and violated the separation of powers.  In reaching its decision, the Illinois Supreme Court analyzed the transcripts from the 1970 Constitutional Convention, which included testimony that the delegates did not believe the legislature had the right to limit the size of a jury to a number less than twelve. 

Prior to the Act, parties to a civil lawsuit could demand a twelve person jury if the proper fee was paid.  The Court’s ruling allows both parties in a civil case to request a twelve person jury going forward.  Additionally, because the Court believed that the increased juror pay provided in the Act was tied to the six person jury requirement, the Court struck down the entire Act.

The Kakos decision could have an impact on prior civil cases tried by a six person jury after the adoptment of the Act.  Whether the Kakos decision will cause prior six person jury verdicts to be overturned remains to be seen.  Going forward, both plaintiffs and defendants have a right to request a twelve person jury in Illinois cases.