Thursday, July 21, 2016

Map Case Shows Courts’ Flaws

Illinois suffers from the most partisan system for electing judges, eroding the independence of courts from politics. A Cook County judge blocked an effort to allow voters to decide if an independent commission should redraw legislative maps, a move that would minimize politics in redistricting. Judge Diane Larsen ruled that the map plan did not meet requirements in the Illinois Constitution. Judge Larsen’s legal analysis is sound, consistent with a nonprofit group’s assessment in 2010 that she is “a smart judge who issues timely and well-reasoned opinions.” But the problem here is that she is a Democratic judge whose ruling keeps Speaker Michael Madigan in control of drawing maps. Appearances matter in the administration of justice.

The map case is a wake-up call to Illinois citizens: The state’s judicial system is deeply flawed because judicial power mixes with politics. Here are main findings from my current study:

Politics, Not Merit, Is the Crux of Selection for Illinois Judges: Judges at every court level must declare as a Democrat or Republican when they first run for office. This makes it easy for special interest groups, big business, labor unions, trial lawyers, and political parties to donate heavily to judicial candidates who run for powerful positions. Many states have partisan election systems—but they also have merit commissions to determine the competence of judicial candidates. Illinois is one of a handful of states with no formal merit process at any point in selecting judges.

Elections for Illinois Judges Are Giant Magnets for Out-of-State Campaign Contributions: Justice Lloyd Karmeier’s epic election in 2004 raised more money than eighteen U.S. Senate elections. Justice Karmeier, a Republican, and his Democratic opponent spent $9.3 million on a supreme court seat for a sparsely populated rural district. In 2016, Justice Karmeier barely survived a bitterly contested retention election that attracted more than $2 million to attack his record.

Democrats play the big-money game, too. Up for a retention vote, Justice Thomas Kilbride received more than $2 million from the state Democratic Party and labor unions, while business groups spent $600,000 to oppose him.  At the time, the money spent on this election made it the second highest grossing judicial retention campaign in history.

The General Assembly Overpays Illinois Judges: Since 1983, the General Assembly has implemented an opaque process that overpays judges. Pay for Illinois’ appellate judges ranks second in the nation.  The state’s Supreme Court justices are paid $220,873; and intermediate appellate justices are paid $207,882. Trial judges in Illinois rank third with pay of $190,758.

Some Illinois Judges Game the System: Illinois’ system of electing judges has greased the way for unethical conduct. Currently, three judges in St. Clair County who are up for retention elections chose to “retire” and file as “new” candidates in the general election.  By doing so, they will avoid the 60% retention requirement and need only 50% plus one vote for a new term.  

Illinois Lacks an Effective Disciplinary Board for Judges: In a 2014 audit, the public had more than 300 unanswered complaints against judges, some alleging judicial misconduct and mental incapacity; but the state’s judicial board had too many vacancies, too few investigators, and a shrinking budget that created this backlog. When the public complains about a judge, less than a one percent of these cases end with modest discipline or more for this elected official.


Illinois citizens who want to change the basic structure of state politics should demand a judicial system that eliminates partisan elections and provides a commission of non-lawyer citizens, lawyers, and judges who select and retain judges on merit. 

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