IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT ROCK ISLAND COUNTY, TT INOIS NRE ) ) ROCK ISLAND COUNTY ) «= 19CA-6 1197 COURTHOUSE } ) im PUB onc cour ena COUNTY TO: Rock bland County Board & Rock bland County Public Duilding Commision 2.26 209 come ADMINISTRATIVE ORDER ‘This order is entered in my capacity as Chief Judge ofthe 144 Judicial Cieuit and by virtue of the authority vested in me by the Constitution and Laws ofthe State of Illinois. This order is directed to the Rock Island County Board (County Hoard) and the Kock Island County Public Building Commission (PBC). EXECUTIVE SUMMARY 1. The Rock Island County Courthouse has served as a place where justice was administered in Rock Island County for over one hundred twenty years. Unfortunately, the building's present condition poses a real and present danger to the 1,000 persons per week that enter the newly constructed Annex is located less than 40 feet away from the Courthouse. 2. The Rock Island County Board (County Board) owns the Courthouse and by Resolution dated July 17, 2018 (Exhibit 1) has determined iis in the best interest of Rock Island County thatthe Courthous razed, The County Board has entered into an agreement with the PBC (Exhibit 2) and the PBC has agreed to undertake the demolition. The PBC in fulfillment ofits Page 1 of 10contractual obligation approved construction contracts with various companies that will undertake the demolition ofthe Courthouse, Delay jeopardizes those contacts. 3. A third-paty lawsuit seeking to stop demolition was filed by talo Milani as Case No. 2018 MR 782. Toe judge in dismissing Mr. Milani’s lawsuit found Milani hd no legal standing to go forward (Exhibit 3). Milani's appeal time hes expired. 4, A Stormwater Pollution Prevention Plan and Notice of Intent were filed with the Illinois EPA on December 14, 2018. (Exhi 4). Said application has been pending for more than 30 days, No Notice of Incompleteness letter has been received, Per EPA regulations the National Pollutant Discharge Elimination System (NPDES) construction activities permit application is ‘deemed approved and construction actvities/demolition may proceed (Exhibit 5) of State of Iinois 5. Under Separation of Powers, no demolition, destruction, or alter circuit courtroom or court facility may occur without the approval of the Chief Judge. 6. The cieut court isnot subject to and specifically exempt from the Iino State Agency Historie Resources Preservation Act The Department of Natural Resources therefore lacks juisdition and authority to review the Courthouse demolition decision. No DNR approvals required 7, No ust cause or legal reasons exist for futher demolition delay. 8, By adminisative order the Chief Judge hereby orders the demolition ofthe Rock Island County Courthouse Background 9, linois Co tion Article VI, Section 7 and Supreme Court Rule 21 grants a chief judge general administrative authority over hisfer circuit. Page 2 0f 10,10. The case of Kmepfer v. Fawell 96 IlL2d 284 (1988) recognizes the inherent authority of courts to compel roduction of judicial resources. Chief Judges are directed to use these powers only when exigent circumstances exist 11. The Rock sland County Board holds ttle to the land commonly known 35 210 15% Street, Rock Island, IL. From 1897 until December 2018 court proceedings were conducted in structure knownas the Rock Island County Courthouse, No order decertfying the facility as ‘courthouse has teen entered. 12. A county toard is required by statue to provide and keep in repair a suitable courthouse for use by the circsit court (55 ILCS 5/5-1106). That same statute authorizes the Supreme Court to establish Minimum Courtroom Standards. 13, The Courthouse is a four-story structure plus a basement. Each floor measuring rovghly 1,500 square feet. During the last few decades the building existed primarily to seve the needs of the circuit court which occupied the entre building except the South half of the sezond floor which was oecupied by the Recorder of Deeds. The Recorder of Deeds office was recently relocated to the County Office Building. 14, 4 1992 inspection report by the Ilinoisludges Association Exhibit 6) paced the County Board on sotice thatthe Courthouse filed to meet Minimum Courtroom Standards 15, 1n 1998 the PBC issued bonds to consrut the Justice Center adding three new jury courtrooms. These courtrooms partially addressed conceme identified in the 1992 report 16, By 2008 operating conditions inthe Courthouse were apaly deteriorating. Elec fires, broken wate and team pipes, and nonfunctioning elevators and HVAC systems were commonplace. These conditions adversely impacted the administration of justice and render the building unsuitable asa court facility. Page 3 0f 10