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Illinois Court Requires That Corporate Parties be Represented by Legal Counsel at all Administrative Hearings
On March 31, 2014, the Appellate Court of Illinois, First District, ruled in Stone Street Partners, LLC v. City of Chicago,
2014 IL App (1st) 123654, that corporate parties involved in
administrative hearings must be represented by legal counsel. In its
ruling, the court held that an appearance by a non-attorney on behalf of
a corporate entity at an administrative housing hearing was null and
void because the individual was not an attorney. The court explained its
reasoning stating “all courts in this country, including this court,
requires that corporations be represented by counsel in legal
proceedings.” The court determined the housing hearing at issue was a
legal proceeding because it involved the examination of witnesses and
the introduction of evidence.
The scope of this decision expands
beyond simply housing hearings. The court stated that corporate
entities must be represented by legal counsel at all legal proceedings
in Illinois, including all administrative hearings. Consequently, a
corporate entity must have an attorney present at any Illinois
administrative hearing in which it is a party and requires the
examination of witnesses, introduction of evidence, or legal analysis.
The
only manner by which the rule may be changed is a successful appeal to
the Illinois Supreme Court. However, if there is no appeal to the
Illinois Supreme Court, or the appeal proves unsuccessful, the rule will
become permanent. In its decision, the court noted that legislation
cannot trump the rule imposed by the court. Notably, the court’s opinion
does not bind federal courts, and as a result, its ruling does not
apply to federal administrative hearings
