concurring:
Although I agree with the reasoning employed and the result reached by the majority, I find this whole situation disturbing. This case should be tried in the circuit court, not in the reviewing courts.
Perhaps a review of the procedural history of this case will serve to illustrate my point. In cause No. 61691, after denial of its first motion to dismiss on the grounds of forum non conveniens, Monsanto filed a motion for leave to petition for a writ of mandamus in this court. This motion was denied by this court on September 3, 1981. On September 13, 1982, Monsanto filed a second motion in the circuit court seeking dismissal on forum non conveniens grounds. The circuit court denied this second motion. Monsanto filed a petition for leave to appeal to the appellate court under newly amended Rule 306, and the appellate court denied Monsanto’s petition. Monsanto then appealed to this court pursuant to our Rule 315. We denied Monsanto’s petition.
On September 28, 1984, Monsanto filed a motion for reconsideration in the circuit court, asking the court to reconsider the denial of its second motion to dismiss. The circuit court denied the motion to reconsider. Monsanto then filed a petition for leave to appeal in the appellate court on January 14, 1985, seeking review of the circuit court’s denial of its motion to reconsider. The appellate court dismissed the appeal on the ground that it lacked jurisdiction. Monsanto again petitioned this court, and we granted its petition.
In cause No. 61749, plaintiffs filed a motion seeking to hold Monsanto in contempt for allegedly attempting to influence the outcome of the trial by communicating with the jurors outside the courtroom. The circuit court issued a 10-day temporary restraining order. A hearing was held to determine whether a preliminary injunction should issue, and the court, on its own motion, extended the temporary restraining order. The circuit court then issued an order prohibiting Monsanto from taking any action outside the courtroom which could be interpreted as being calculated to influence any juror. Monsanto appealed to the appellate court. The appellate court affirmed the circuit court’s order, and Monsanto filed a petition for leave to appeal in this court. We allowed Monsanto’s petition.
The procedural history in this case is ongoing. At the time of my writing of this concurrence, Monsanto has filed eight new motions with this court. Although I am acutely aware of the importance of these consolidated cases, I do not believe that this case deserves consumption of an inordinate amount of this court’s time.
The trial in this case is in its second year and has the dubious distinction of being called “[t]he longest jury trial in the nation’s history” (Chicago Sun-Times, March 23, 1986, at 66). Since the trial began, four jurors have stepped down because of health problems. Other jurors may also become unable to continue and a mistrial may eventually have to be declared. It may come to pass in this case that justice delayed is justice denied.
I believe that this court should refuse to be used as a pawn in such a waste of judicial resources. Therefore, I concur.