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Cook County Sheriff Refuses to Serve Eviction Notices

The Cook County Sheriff said that he will no longer serve eviction notices (story): CHICAGO, Illinois (CNN) -- Sheriff Thomas J. Dart said Wednesday he is suspending foreclosure evictions in Cook County, which had been on track to reach a record number of evictions, many because of mortgage foreclosures. Sheriff Thomas J. Dart of Cook County, Illinois, says proper eviction procedures aren't always been followed. The Illinois Banking Association claims that the sheriff may be held in contempt of court for not enforcing  eviction notices.  Is this true?  Anyone with Illinois law care to opine?  Off the cuff, I'd suggest that the court has absolutely no jurisdiction over the sheriff.  How would the judge obtain the power to order the sheriff to appear in court?  The sheriff is not a party to any proceeding...continue to full post

Full post as published by Crime & Federalism on October 09, 2008 (boomark / email).