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Wright v. Pucinski9/16/2004
The plaintiffs, Judith and Robert Wright, appeal from the judgment of the circuit court that dismissed with prejudice their verified complaint for a declaratory judgment and injunctive relief. The Wrights argue that the trial court erred when it determined that they were precluded, by their own actions, from access to the circuit court by filing motions to dismiss before the administrative agency. For the reasons that follow, we reverse the decision of the trial court and remand this cause for further proceedings.
BACKGROUND
On December 20, 2000, the Illinois Department of 1Professional Regulation (IDPR) filed separate complaints alleging various disciplinary charges against Judith and Robert. At the time that the IDPR filed the complaints, Judith was a licensed clinical professional counselor and Robert was a licensed clinical social worker. The IDPR regulates both professions. See 225 ILCS 20/1 et seq. (West 2000); 225 ILCS 107/1 et seq. (West 2000).
The complaints alleged that the Wrights exploited their therapeutic relationships with patients whom they were treating to promote business ventures they jointly owned and that this constituted unethical and unprofessional behavior. These business ventures were: (1) an entity called the School of Exceptional Learning, Inc., in Chicago, Illinois, and (2) a retreat center in Elkhorn, Wisconsin. The complaints also alleged that the Wrights: (1) breached patient confidentiality, (2) failed to complete continuing education requirements, and (3) falsely reported on license renewal applications that they had completed the requisite continuing education hours.
After the complaints were filed against them, the Wrights both allowed their licenses to lapse rather than renew them. Judith's license as a clinical professional counselor expired on March 31, 2001, and Robert's license as a clinical social worker expired on November 30, 2001. After their licenses lapsed, the Wrights both moved to dismiss the disciplinary complaints on the basis that the IDPR lacked statutory authority to continue the disciplinary proceedings against them since they were no longer licensed. The administrative law judge assigned to the cases denied the motions to dismiss.
On September 23, 2002, the Wrights filed a verified complaint for a declaratory judgment and injunctive relief. The Wrights requested entry of a judgment declaring that the IDPR lacked the authority to continue prosecuting them because they were no longer licensed in their respective professions.
On December 27, 2002, the defendants filed a motion to dismiss pursuant to section 2-615 of the Illinois Code of Civil Procedure. 735 ILCS 5/2-615 (West 2002). In the motion, the defendants argued that the IDPR had the authority to continue the disciplinary proceedings against the Wrights although they had allowed their licenses to lapse. The defendants claimed that the Wrights were required to exhaust their administrative remedies and wait until the disciplinary proceedings before the IDPR had concluded before seeking relief in the trial court. The Wrights filed a response in which they argued that their complaint stated a cause of action and that they were not required to exhaust administrative remedies because they were challenging the jurisdiction of the IDPR.
Although the defendants filed a section 2-615 motion to dismiss, the trial judge treated it as a section 2-619(a)(3) motion to dismiss. 735 ILCS 5/2-619(a)(3)(West 2002). On March 17, 2003, the trial court entered an order wherein it granted the defendants' motion to dismiss with prejudice "for the reasons set forth on the record." The trial judge stated that she was dismissing the complaint
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