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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