Lara Schneider

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Lara Schneider

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Lara Schneider

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Lavelle, Marie H. Suthers, and Howard C. Medley, Sr. Pursuant to our Rule 58 Ill. After considering the motion, proposed petition and supporting suggestions, the court requested responses thereto by the respondent municipal officers electoral board, and Denise A.

Arens, the objector before the board to petitioner's nominating papers. The court has concluded that, in the circumstances of this case, mandamus is not an appropriate remedy.

Unlike the petitioner who was precluded by the shortage of time from seeking trial court relief in Dooley v. McGillicudy , 63 Ill. Mandamus is, of course, not a permissible substitute for direct appeal.

People ex rel. Bradley v. McAuliffe , 24 Ill. Adamowski v. Dougherty , 19 Ill. Furlong v. Board of Election Commissioners , Ill. Barrett v. Shurtleff , Ill.

Equally summary action from this court was available to petitioner by filing a notice of appeal to the appellate court and simultaneously requesting us to transfer that appeal to this court pursuant to our Rule b 58 Ill.

The order of this court denies Lara's application for relief on the ground that mandamus is not a substitute for direct review and that, instead, Lara should have sought a direct appeal to this court under Rule b 58 Ill.

The court's order violates the long-established rule that a denial of mandamus cannot alone be grounded on the availability of other relief People ex rel.

Starkweather v. Righeimer , Ill. In the process, the court purports to distinguish Dooley v. I respectfully dissent.

A more complete recitation of the facts than that contained in the court's order is essential to fully comprehend the issues raised.

On December 26, , Lara filed nominating petitions with the Chicago board of election commissioners. Lara was seeking to have his name placed on the ballot for the February 27, , election for the office of alderman in Chicago's 22d ward.

Two of the eight items of information requested were not provided. On January 2, , respondent Denise A. Arens filed objections to Lara's nominating petitions.

Three days later, on January 5, Lara filed a document entitled "Amended Statement of Economic Interests" in which he provided the two items of information which he failed to furnish in his original filing, and he also filed a statement of intention to defer filing of a statement of economic interests for 30 days.

See Ill. Lara's nominating petitions were ruled improper because they had differently styled headings, varying in form though not in substance.

The respondent board further ruled that Lara's statement of economic interests was insufficient because, as originally filed, two answers were omitted and the attempted amendment covered rather than , the year covered by the original filing.

The board assumed the authority to review and determine the sufficiency of the statement of economic interests under section of the Election Code Ill.

On January 29, Lara filed an action for review in the circuit court of Cook County. The court heard arguments and on February 13 affirmed the board's decision on the ground that the statement of economic interests was insufficient.

It did not address the issue of whether the nominating petitions were defective. At this point, the election was two weeks away. Two days later, on February 15, Lara filed the instant motion for leave to file a petition for writ of mandamus which this court now denies.

In his motion and supporting documents, Lara asked us to rule that the respondent board lacked authority to review and determine the sufficiency of the statement of economic interests, and that the board erred in ruling that the nominating petitions were defective.

It is essential to note this for two reasons. First, it is very similar to the prayer for relief made and granted in Dooley v. Second, the basis of this prayer is that the Board was without authority to review and determine the sufficiency of Lara's statement of economic interests, and when it is alleged that a respondent has acted without authority, mandamus may issue to compel expungement of the respondent's orders People ex rel.

Elmore v. Allman , Ill. This is recognized even by the cases cited by the court in denying Lara's requested relief.

See People ex rel. My disagreement with the court's order in this case is, as stated at the outset of this dissent, two-fold. First, we cannot deny mandamus merely because other relief may be available.

Second, Dooley v. A more complete discussion of both points follows. Although our mandamus act Ill. Pignatelli v. Ward , Ill.

Cunningham v. Thistlewood , Ill. We have thus held, citing section 9 of the act Ill. My position on this point, based on the holding in Starkweather, should be made clear, as it is not my intention to sanction the indiscriminate use of mandamus: If no reason can be assigned for denying leave to filed a petition for writ of mandamus other than the availability of other relief, we should not deny leave.

In the Dooley case itself, we recognized this principle and rejected the argument that mandamus should be denied merely because the petitioner could have followed ordinary review procedures Dooley v.

In Dooley it was argued that mandamus should not lie because the petitioner could have first sought review in the circuit court.

We have here a similar, perhaps stronger, case for mandamus, yet the court distinguishes Dooley and denies relief.

Unlike the parties in Dooley, the litigants here are at least in the proper court, and even this is conceded by the order in this case, although it is said that Lara has sought the wrong form of relief.

Rather than denying relief, and assuming that mandamus is not the proper remedy, it would be preferable and more judicious to direct Lara to amend his pleadings to request the relief which the court deems appropriate.

The mandamus act provides a mechanism for such action, allowing amendment of pleadings if it is determined that a party is entitled to some relief, but has sought to obtain it in the wrong way Ill.

Alternatively, as we have done before, we could have treated the materials filed by Lara as requesting direct appeal People ex rel.

Director of Finance v. My name is Lara and I am a researcher at the chair of Prof. Hans-Peter Lenhof. I mainly work in the area of decision support systems for cancer treatment.

Skip to main content. Search form Search. Home People Prof. Nico Gerstner, M. Kerstin Lenhof, M. Lara Schneider.

Personalized medicine Cancer research Multi-omics integrative analyses Treatment decision-making assistance tools.

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The court's order violates the long-established rule that a denial of mandamus cannot alone be grounded on the availability of other relief People ex rel.

Starkweather v. Righeimer , Ill. In the process, the court purports to distinguish Dooley v. I respectfully dissent. A more complete recitation of the facts than that contained in the court's order is essential to fully comprehend the issues raised.

On December 26, , Lara filed nominating petitions with the Chicago board of election commissioners. Lara was seeking to have his name placed on the ballot for the February 27, , election for the office of alderman in Chicago's 22d ward.

Two of the eight items of information requested were not provided. On January 2, , respondent Denise A. Arens filed objections to Lara's nominating petitions.

Three days later, on January 5, Lara filed a document entitled "Amended Statement of Economic Interests" in which he provided the two items of information which he failed to furnish in his original filing, and he also filed a statement of intention to defer filing of a statement of economic interests for 30 days.

See Ill. Lara's nominating petitions were ruled improper because they had differently styled headings, varying in form though not in substance.

The respondent board further ruled that Lara's statement of economic interests was insufficient because, as originally filed, two answers were omitted and the attempted amendment covered rather than , the year covered by the original filing.

The board assumed the authority to review and determine the sufficiency of the statement of economic interests under section of the Election Code Ill.

On January 29, Lara filed an action for review in the circuit court of Cook County. The court heard arguments and on February 13 affirmed the board's decision on the ground that the statement of economic interests was insufficient.

It did not address the issue of whether the nominating petitions were defective. At this point, the election was two weeks away.

Two days later, on February 15, Lara filed the instant motion for leave to file a petition for writ of mandamus which this court now denies.

In his motion and supporting documents, Lara asked us to rule that the respondent board lacked authority to review and determine the sufficiency of the statement of economic interests, and that the board erred in ruling that the nominating petitions were defective.

It is essential to note this for two reasons. First, it is very similar to the prayer for relief made and granted in Dooley v.

Second, the basis of this prayer is that the Board was without authority to review and determine the sufficiency of Lara's statement of economic interests, and when it is alleged that a respondent has acted without authority, mandamus may issue to compel expungement of the respondent's orders People ex rel.

Elmore v. Allman , Ill. This is recognized even by the cases cited by the court in denying Lara's requested relief.

See People ex rel. My disagreement with the court's order in this case is, as stated at the outset of this dissent, two-fold.

First, we cannot deny mandamus merely because other relief may be available. Second, Dooley v. A more complete discussion of both points follows.

Although our mandamus act Ill. Pignatelli v. Ward , Ill. Cunningham v. Thistlewood , Ill. We have thus held, citing section 9 of the act Ill.

My position on this point, based on the holding in Starkweather, should be made clear, as it is not my intention to sanction the indiscriminate use of mandamus: If no reason can be assigned for denying leave to filed a petition for writ of mandamus other than the availability of other relief, we should not deny leave.

In the Dooley case itself, we recognized this principle and rejected the argument that mandamus should be denied merely because the petitioner could have followed ordinary review procedures Dooley v.

In Dooley it was argued that mandamus should not lie because the petitioner could have first sought review in the circuit court.

We have here a similar, perhaps stronger, case for mandamus, yet the court distinguishes Dooley and denies relief. Unlike the parties in Dooley, the litigants here are at least in the proper court, and even this is conceded by the order in this case, although it is said that Lara has sought the wrong form of relief.

Rather than denying relief, and assuming that mandamus is not the proper remedy, it would be preferable and more judicious to direct Lara to amend his pleadings to request the relief which the court deems appropriate.

The mandamus act provides a mechanism for such action, allowing amendment of pleadings if it is determined that a party is entitled to some relief, but has sought to obtain it in the wrong way Ill.

Alternatively, as we have done before, we could have treated the materials filed by Lara as requesting direct appeal People ex rel.

Director of Finance v. Young Women's Christian Association , 74 Ill. Dunne , 63 Ill. Palmer v. Twomey , 53 Ill. Admittedly, the need for the observance of proper procedure is of weighty concern, and there is no reason to sanction deviations from procedural rules when a party's substantive rights will not be jeopardized.

With important rights such as those of Lara at stake, however, we should not penalize a litigant who is under severe and unusual time restraints for alleged mistakes in perceiving the intricacies of our procedural rules.

Instead, we should endeavor to determine the matter on the merits 58 Ill. This result would certainly be preferable to ignoring the rule of Starkweather that mandamus should not be denied merely because other remedies are available.

The second basis of my disagreement with the court's order lies in its treatment, or lack thereof, of Dooley v. In Dooley we awarded a writ of mandamus to petitioner, James A.

Dooley for the office of judge of the Supreme Court; to enter an order denying said objections; and to transmit to the State Board of Elections a certified copy of its ruling in the manner provided by section of the Election Code Ill.

Petitioner Dooley had alleged insufficient time to seek review of the board's decision in circuit court, and he argued that an original action for mandamus in our court would therefore lie.

Because of the circumstances of the case, this court allowed the mandamus action to be maintained and properly awarded the writ, despite the respondents' contention that petitioner Dooley should have first applied to the circuit court for relief.

We said in that case:. Because time was of the essence, the petitioner was not required to follow normal review procedures and could seek mandamus in this court rather than review in the circuit court.

The court now purports to distinguish Dooley and to interpret it as requiring that a litigant in Lara's position move for direct appeal instead of seeking mandamus.

This treatment of Dooley is indefensible. If there are any doubts about this, a brief review of the facts removes them. Most pertinent in this regard is that the election was less than two weeks away when Lara filed his motion in this court, whereas in Dooley the time span was two months.

During this short period of time available to Lara, voting machines would have to be delivered and set, thereby placing greater time restrictions on Lara's efforts to obtain relief.

Lara's situation appears to have been more pressing than that of Dooley, and this court itself acknowledges Lara's time problem when, in its order, it cites the need for "summary action" 75 Ill.

Search form Search. Home People Prof. Nico Gerstner, M. Kerstin Lenhof, M. Lara Schneider. Personalized medicine Cancer research Multi-omics integrative analyses Treatment decision-making assistance tools.

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