Posted: 2/19/07 Section: News

Media Credit: Aaron Facemire Jim Karns, left, the attorney who represents the University and Board of Trustees, exits the Champaign County Courthouse with members of his counsel, Friday. The current Chief Illiniwek portrayers' request for a temporary restraining order was denied in the hearing held Friday morning.

Judge Michael Jones decided late Friday morning he would not grant Chief portrayers Dan Maloney, graduate student, and Logan Ponce, sophomore in Engineering, a temporary restraining order against the University's Board of Trustees and the NCAA.

The temporary restraining order, if granted, would have stopped the University from making the decision to retire the Chief. This type of restraining order is only granted in emergency situations.

"I am not persuaded that the plaintiffs will suffer irreparable harm if the Chief doesn't perform after the conclusion of the men's basketball season," Jones said in his concluding remarks. "It is not appropriate to take action, as of today, against the University of Illinois."

Brent Holmes, attorney for the plaintiffs, argued that the University's treatment of this issue has been like some sort of "schizophrenic situation."

"The NCAA is using the Board of Trustees to carry out illegal and unlawful action," Holmes said. "The University of Illinois has had literally a gun to its head now for more than a year." Holmes also argued that actions of the University are acting against state statute, which says that Chief Illiniwek may remain an honored symbol of the University.

However, Jim Kearns, attorney for the Board, said that this case is just about politics.

"Policy is what the Board does," Kearns said. "This court does not have power over the University of Illinois Board of Trustees to decide policy."

Jones also said he did not have jurisdiction over the decisions of the board.

Before argument began on the case, Jones announced to the court his affiliation with the University. Jones said that his wife is an employee at the University, he is a member of the President's Council and he received his law degree from the University. However, Jones said he would not allow these affiliations to influence his decision on the case.

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