09-3714, 09-3923 & 10-1060 Opp v. Office of the State’s Attorney of Cook County

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Employment
ADEA; state attorneys

Assistant State’s Attorneys are appointees on the policymaking level and therefore are not within the coverage of the Age Discrimination in Employment Act.

“The appellants contend that Assistant State’s Attorneys merely implement policy actions on behalf of the State’s Attorney. We disagree. An Assistant State’s Attorney carries out policy on behalf of the government, and in doing so has ‘meaningful input into governmental decision-making on issues where there is room for principled disagreement on goals or their implementation.’ For example, an Assistant State’s Attorney’s decisions and actions in the courtroom are binding on the government. The State’s Attorney grants an Assistant State’s Attorney the authority to conduct a case in court, and, from that point, the Assistant State’s Attorney acts as the State’s Attorney in all respects. The Assistant State’s Attorney may choose to prosecute or dismiss a case, with or without the State’s Attorney’s input and guidance. This alone raises Assistant State’s Attorneys to the level of policymakers.”

Affirmed.

09-3714, 09-3923 & 10-1060 Opp v. Office of the State’s Attorney of Cook County

Appeals from the United States District Court for the Northern District of Illinois, Bucklo, Leinenweber, Castillo, JJ., Bauer, J.

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