Lawyers and Politicians Unite to Expedite Justice in Cook County

Chicago, IL, July 22, 2024 – A rare, bipartisan, consensus legislative measure promises a faster and more economical path to justice for Cook County residents and businesses. House Bill HB4351, passed unanimously by both houses of the Illinois legislature in May 2024 and signed by the Governor on Friday, July 19, 2024, revolutionizes the process of serving legal documents in Cook County.

Historically, Section 2-202 of the Illinois Code of Civil Procedure (735 ILCS 5/2-202) mandated that litigants within counties exceeding 2,000,000 residents must first attempt service of process through the Sheriff’s office. This requirement uniquely affected Cook County, leading to delays and increased costs in the litigation process and distracting the Cook County Sheriff’s Office from its core functions.

Attorney Fitzgerald “Jerry” Bramwell highlighted the inefficiencies, stating: “Over the past several years, after placing the summons and complaint for process with the sheriff’s office, I have encountered repeated failures including lack of attempts, incorrect deliveries, and failure to serve. Despite this, I had to pay $60 per defendant and wait at least three weeks to determine if service was completed.”

Recognizing these systemic issues, Bramwell initiated a campaign to reform the process by posting a letter to the National Employment Lawyers Association – Illinois (NELA-Illinois) listserv, urging legislative change. Gail Eisenberg, Legislative Committee Chairperson for NELA-Illinois and an employment lawyer at Loftus & Eisenberg, Ltd., joined forces with Bramwell, contacting Representative Jennifer Gong-Gershowitz to sponsor the common-sense revisions necessary to allow litigants to use a special process server without going through the Sherriff’s department first.

After thorough review, Rep. Gong-Gershowitz agreed to sponsor the bill, and it was subsequently filed as HB4351 on January 4, 2024. HB4351 Bill Status

The legislative process involved extensive collaboration with various stakeholders, including the trial lawyers, the Illinois Sheriffs’ Association, the Cook County Sheriff’s Office, and domestic violence advocates. This collaborative effort ensured the bill addressed all concerns and gained broad support. Senator Rob Martwick, also an attorney in Cook County, sponsored the bill in the Senate.

On March 13, 2024, Bramwell and Eisenberg represented NELA-IL at the Civil Judiciary Committee meeting, where Bramwell’s testimony helped ensure the bill’s passage. The practical and diligent efforts of Representative Gong-Gershowitz, her Chief of Staff Liam Harding, and other key stakeholders culminated in this significant legal reform.

This new legislation streamlines the litigation process in Cook County and reallocates the Sheriff’s resources more effectively, representing a triumph of cooperation between lawyers and politicians for the benefit of Illinois residents.

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Contact: Loftus & Eisenberg, LTD
Email: info@loftusandeisenberg.com

This press release highlights the collaborative effort and the positive impact of the new legislation on Cook County’s judicial system.