“Gutless” Judge Who Expressed Outrage at UIUC? Illinois Taxpayers Might Be Paying Him $389,858 Per Year

Quoting now from the News-Gazette: “On Wednesday's Penny for Your Thoughts (5-11-16) with Jim Turpin, Illinois state circuit court Judge Michael McCuskey said the University of Illinois administration, President Tim Killeen and Chancellor Barb Wilson, were ‘gutless.'”

How does the opinionated Judge McCuskey stand up to scrutiny for his own conduct? After much tedious research, here is what I can report (from my research project on judicial ethics):

Upon reaching age 65, a federal judge may retire at his or her current salary, or take senior status, after performing 15 years of active service as an Article III judge (referring to the Rule of, i.e., 65 + 15 = 80). 28 U.S. Code § 371 states: “(a) Any justice or judge of the United States appointed to hold office during good behavior may retire from the office after attaining the age and meeting the service requirements, whether continuous or otherwise, of subsection (c) and shall, during the remainder of his lifetime, receive an annuity equal to the salary he was receiving at the time he retired.” According to Judge McCuskey’s biographical information, he was born in 1948 and served as a federal district court judge from 1998 until he assumed senior status on June 30, 2013.

On May 31, 2014, he retired from senior status in order to take retirement. See Federal Judicial Center, Biographical Directory of Federal Judges, at http://www.fjc.gov/servlet/nGetInfo?jid=2765&cid=999&ctype=na&instate=na. By 2014, Judge McCuskey would be past his 65^th birthday; and by this date, he would have accumulated 16 years of service. He therefore appeared to qualify for a full pension—that is, 100% of his departing salary. In 2013, Judge McCuskey would have qualified for $174,000—but by staying one additional year on senior status, his pay increased to $199,100. See United States Courts, Judicial Compensation, at http://www.uscourts.gov/judges-judgeships/judicial-compensation.

Two weeks after retiring, Judge McCuskey accepted appointment in Illinois’ Tenth Judicial Circuit as Resident Circuit Judge of Marshall County in the 10th Judicial Circuit. See Retired Federal Judge Michael McCuskey Appointed in 10th Judicial Circuit, CINewsNow.com (June 16, 2014), at http://www.cinewsnow.com/news/local/US-Supreme-Court-fills-vacancy-in-10th-Judicial-Circuit-263311611.html.

Without mentioning the possibility or appearance that he was double-dipping at the expense of taxpayers, his polished interview noted: “I want to thank the Illinois Supreme Court and Justice Kilbride for the opportunity to serve where I grew up, practiced and began my judicial career.” He added, “I’m excited to return to the Illinois state court system, serving the people of the State of Illinois again; and I look forward to the variety of cases I will be hearing.” He then ran unopposed in the March 2016 primary election. See Michael McCuskey, Ballotopia, at https://ballotpedia.org/Michael_McCuskey#cite_note-5, at n.5. Illinois circuit judges earn $190,758. Supra note 47.

Thus, it appears that Judge McCuskey is paid $389,858 by Illinois taxpayers who file federal and state tax returns (though this is an estimate based on public sources).  I will follow up by visiting the Illinois State Supreme Court Clerk to see what pension is listed on Judge McCuskey's 2016 Statement of Economic Interests. Pensions are among the list of financial discsloures required by the Illinois Judicial Code. 

Rule 68 requires Illinois judges to make a declaration of economic interests. By administrative order, current economic interests specifically includes a “pension plan.” But the information is not available online—indeed, one must personally travel to Springfield or Chicago to inspect the filing, and further, “[e]ach person requesting examination of a statement or portion thereof must first fill out a form prepared by the Director specifying the statement requested, identifying the examiner by name, occupation, address and telephone number, and listing the date of the request and the reason for such request.”

If it is true that Judge McCuskey is double-dipping at the public's expense, he is not alone. See Michelle Breidenbach, Judge DeJoseph to Double Dip with Pension and Salary in New Term, Syracuse.com (Jan. 14, 2015), at  http://www.syracuse.com/news/index.ssf/2015/01/judge_dejoseph_double_dips_with_pension_and_salary_in_new_term.html. And in Illinois: George Pawlaczyk, Baricevic, Haida and LeChien Spurn Retention Vote, Will Run in General Election, Bellevue News-Democrat (Aug. 26, 2015), at http://www.bnd.com/news/local/article32427582.html#storylink=cpy. For a more general discussion, see Stephen B. Burbank et al., Leaving the Bench, 1970-2009: The Choices Federal Judges Make, What Influences Those Choices, and Their Consequences, 161 U. Penn. L. Rev. 1 (2012).