1. Principles of Statutory Construction
Steve Nardulli
April 22, 2016

2. Definition of statute – End product of the legislative process

3. Never represents the abstract exercise of power
Always the legislative response to problems identified by legislative bodies as needing resolution
Story behind statute is generally not disclosed as part of the statute

4. Legislation generally reflects compromise
Nature of compromise within legislative context
Concepts added or removed, language modified

5. Statute is a command of a particular legislature, must be obeyed, under threat of government sanction

6. Principles of statutory construction apply to ordinances – City of Evanston v OLeary 244 Ill App 3d 190 (1st Dist, 1993).

7. Interpretation of statutes as a judicial function
Scalia – “we do not normally have a lawsuit in front of us if the language of a statute is clear”
Search for meaning constitutes judicial interpretation
Willingness of courts to ignore plain meaning of a statute

8. Judicial will must bend to legislative command
a statute is a command issued by a superior body (legislature) to a subordinate body (judiciary)
within constitutional limits
basic tenet of democracy that statutes reflect the will of the populace, as defined by their elected representatives

9. Legislation, if determined to be unclear, must be interpreted within historical, legislative, policy, and statutory context.

10. Legislative meaning, intent and purpose
If a statute is clear on its face, the inquiry ends without further review of context. LaSalle National Bank v City Suites, Inc., 325 Ill App 3d 780 (1st Dist, 2001)

11. Court may consider reason and necessity for statute and the evils it was intended to remedy, and will assume legislature did not intend an unjust result – Marriage of Beyer, 324 Ill App 3d 305 (1st Dist, 2001)

12. When a statute is unclear with response to a particular question
Did the legislature intend this particular statutory provision to cover particular fact pattern
Is there recitation of legislative intent which is inconsistent with plain language of statute
Is there a distinction between legislative intent and purpose-- Inclusion of legislative purpose in language of statute

13. Clear and unclear statutory language
Plain meaning of a statute – if meaning is plain, and if constitutional, judicial inquiry should end

14. When literal application of language leads to an absurd result
Ancient decision that a statute prohibiting “letting blood in the streets” did not apply to emergency surgery
Direction by teacher to sit down does not direct sitting down in place on floor

15. When plain language is inconsistent with stated legislative purpose

16. If language unclear, courts are to be guided by “canons of interpretation”

17. Interpret as constitutional if at all possible

18. Statute which affects local and state powers, state powers likely supersede any interpretation which undermines state authority
Local government may add to state requirements but may not delete state requirements
Local government is a creation of state authority

19. Statute should be interpreted as a whole, so that separate sections should be read in a consistent manner

20. Related statutes (statutes in para materia) should be read with reference to one another so that the sections can be given harmonious effect. People v Scheib (1979), 76 Ill 2d 244; People v Maya (1985), 105 Ill 2d 281.

21. Statute – particularly criminal statutes - should be interpreted as narrowly as possible.

22. Remedial statutes should be interpreted broadly

23. If statute is still unclear

24. Where there is a descriptive list which ends “and other like…” court must determine whether conduct in question is similar or an extension of the articulated items – ujusdem generis

25. Where list is long and does not provide for additions, it is meant to be exclusive

26. Later statutes should be interpreted as controlling earlier statutes

27. Where a court has previously interpreted a term in a statute and legislature failed to act to change the interpretation, the interpretation stands

28. Importance of legislative history
Nature of legislative debate
Role of lobbyists in creating “interpretations from the floor” and legislative talking points