Craig M. Sandberg Argues to the Supreme Court of Illinois That a Litigant Does Not Waive or Forfeit Right to Recover Mandatory Statutory Costs When Not Presented to Arbitrator

For Immediate Release: January 23, 2025

Contact: Craig M. Sandberg, 833.726.3237, craig@sandberglaw.com

Springfield, Illinois – They say that you never forget the first time you argue in front of the Supreme Court of the United States. While I have not (yet) had the privilege of doing that, today I had the opportunity to argue in front of the Supreme Court of Illinois. Given oral arguments’ infrequency, as well as its importance as both a professional experience and to the state of the law, I imagine that one remembers each (and not just the first) opportunity to argue before these courts.

I have been fortunate to have argued many times before intermediate courts of appeals in both federal and state systems. In my experience, there are many hours of preparation (including mooting the case). This is followed by the excitement of the upcoming moment and the feeling of pre-argument jitters. Once the day arrives, there is the satisfaction that comes from the back-and-forth between the bench and counsel as the Court tests the litigants’ cases. Incredibly, the pace of time during argument feels at once both protracted and swift. And then the Court takes the case “under advisement” and the litigants wait months for the Court’s published opinion.

It is important to point out the rarity of oral argument before the Supreme Court of Illinois. According to the most recent Illinois Courts Statistical Summary (2023), the Illinois Supreme Court entertained oral argument in only 62 cases. According to the report, in 2023, 960 petitions for leave to appeal (PLA) were filed; a fraction of these are granted. This case was made part of the Supreme Court docket when it granted the plaintiffs PLA.

One “dimension of oral argument that is not always fully appreciated is its implications for the collective decision making process in which multi-member courts of review must necessarily engage. Oral argument is not just an interchange between counsel and the court. It is an opportunity for the individual members of the tribunal to interact with one another. Questions posed by one judge provide insight into what that judge is thinking and offer new perspectives the others may not have considered. A point pressed by one judge may lead another judge to seek clarification from counsel and so, step by step, point by counter-point, a more complete understanding of the case emerges.” Chief Justice Lloyd A. Karmeier, The Importance of Dialogue: Preserving the Right to Oral Argument, Illinois Courts Connect (June 23, 2017).

Following my argument, one of the attorneys who was present in the room during oral argument commented on the style of my argument to the Court: “conversational”. Instantly, I understood what he meant. Every lawyer has his own style of argument and/or persuasion. If he tries to imitate some other successful lawyer’s style, it shows to his detriment. So, it’s important to be the best version of your professional-self. Some lawyers bring the temperature of the room up. My “conversational” style, I believe, brings the temperature down, allowing the discussion to slow down and open up.

It has been both an honor and privilege to argue before the Supreme Court of Illinois. While I hope the opportunity will not be my last, if it is the only time I’m there, I will keep and hold my fond memories.

WHAT: Irma Jordan v. Esmeralda Macedo (Docket No. 130687)

WHO: Craig M. Sandberg argued for the plaintiff-appellant before the Supreme Court of Illinois.

Mr. Sandberg has argued 19 cases (9 civil, 10 criminal) to both state and federal intermediate appellate courts. As counsel of record, he has filed 58 appellate briefs (26 civil, 32 criminal) with the intermediate courts and 23 petitions (12 civil, 11 criminal) with the highest court of the relevant jurisdiction, including the Supreme Court of the United States and Supreme Court of Illinois This was his first time arguing in the Supreme Court of Illinois.

WHERE: Supreme Court of Illinois, 200 East Capitol Avenue, Springfield, Illinois 62701