Thursday, March 09, 2017

Two vacancies filled in Second Subcircuit

In separate orders yesterday, the Illinois Supreme Court appointed a pair of Cook County Assistant Public Defenders, Toya T. Harvey and Adrienne E. Davis, to two Second Subcircuit vacancies.

Harvey (pictured at left) was appointed to the vacancy created by the recent retirement of Judge James L. Rhodes. Harvey has been licensed as an attorney in Illinois since 1995, according to ARDC. Her appointment is effective on Thursday, March 16 and terminates on December 3, 2018.

An application process for the Rhodes vacancy was posted by Illinois Supreme Court Justice Anne Burke.

Davis was appointed to the vacancy created by the retirement of former Markham Presiding Judge Marjorie C. Laws. Davis, who has served as a part-time faculty member at Loyola University Chicago School of Law, has been licensed in Illinois since 1994, according to ARDC. Her appointment is effective on March 17; it also terminates, of course, on December 3, 2018.

14 comments:

Anonymous said...

The Supremes should have standards to appoint Lawyers to the bench. If they do have standards, what are they?

Anonymous said...

How many applicants applied to Justice Burke's appointment for the Rhodes's Vacancy.

Judge Laws's vacancy was not advertised. How did Justice Burke appoint Davis without advertising the Vacancy.

Anonymous said...

Jack,
Is there an Vacancy on the Supreme Court? I asked the Question because I hear a person is going around asking Committeemen for their support.

Jack Leyhane said...

Anon was busy last evening.

OK, Anon 3/9 @ 8:22 p.m. -- There are standards, provided by Article VI, Section 11 of the 1970 Illinois Constitution: "No person shall be eligible to be a Judge or Associate Judge unless he is a United States citizen, a licensed attorney-at-law of this State, and a resident of the unit which selects him." It's the "resident of the unit" part that has spawned some controversy with regard to appointments. Two of our three Cook County Supreme Court justices have made it a point to appoint persons who reside in the subcircuit where they are appointed. One does not. With regard to the latter, my assumption is that this justice believes either that the 'unit which selects him' language applies only to elections (see. Goodman v. Ward) or that, when the Supreme Court makes an appointment, the unit selecting is essentially the state as a whole -- the Supreme Court as a whole makes all appointments even though it is understood that the Court acts on the recommendations of particular justices -- so that the only real limitation is that the appointee be a resident of Illinois.

Nobody wants to be embarrassed, not even Supreme Court justices, so each justice will presumably have in mind qualifications or standards such that, in the opinion of the appointing justice, the person appointed greatly exceeds these constitutional minimums -- but these are not set down in stone, or even in writing. The appointing justice has considerable discretion to act.

Anon 3/9 @ 8:26 p.m. -- Justice Burke has a screening committee. Assuming that the appointment of a person to fill the Rhodes vacancy remained with Justice Burke (the justices may sometimes trade with each other) neither Justice Burke nor her committee is under any obligation to reveal how many applied.

As for the Laws vacancy, there is no obligation to "advertise" any vacancy, or for the Court to solicit appointments. I am aware of no posting regarding this vacancy. That suggests -- but does not conclusively establish -- that the appointment of the person to fill this vacancy was not made on the recommendation of either of the Cook County justices who have publicly announced screening committees. You don't like that vacancies can be filled without soliciting interested applicants? Write your legislator.

Article VI, Section 12(c) of the 1970 Illinois Constitution provides, in pertinent part, "A vacancy occurring in the office of Supreme, Appellate or Circuit Judge shall be filled as the General Assembly may provide by law. In the absence of a law, vacancies may be filled by appointment by the Supreme Court."

It is my understanding that there is no law governing the filling of judicial vacancies. Perhaps, Anon, you can persuade the General Assembly to take up this task. But perhaps you can wait until there's a budget?

Finally, Anon 3/9 @ 8:29 p.m. -- I let this one through because I thought you were trying to be amusing. And, responding in that spirit, I suppose it never hurts to have support lined up for any contingency, eh? All I can say is that promises of future conduct are generally not actionable....

Anonymous said...

Well, because nobody else appears to be nice enough to say it . . . Congratulations! Now you know how it feels to be an appointed judge. Every time you walk into a courtroom or an event, know and truly believe that half the people are jealous because you got it and 2 or 3 of them are figuring how to run against you. Because you are in the Second Sub, those people won't be from County Cork. Happy St. Patrick's Day and good luck!

Anonymous said...

Congrats to both Ms. Harvey and Ms. Davis. Both are MORE than qualified to take on the task at hand.

Anonymous said...

ALL MY SOURCES ARE TELLING ME THAT EP WILL BE THE FIRST LATINA JUSTICE ON THE ILLINOIS SUPREME COURT.

Anonymous said...

Hey Anon 4:59 - ha ha he he !!! Do not be so presumptuous to count the Irish out of the 2nd just because it is a predominantly African American subcircuit. If an African American can get appointed in the 8th and run with her Jewish sounding last name; anything is possible. Sources say the 19th Ward has been having weekly meetings at Bourbon Street interviewing candidates. Plenty of time to "move".

Anonymous said...

Hello all,

I most certainly will not be the first Latina on the Illinois Supreme Court. In the words of the great Paddy Bauler (Alderman, 43rd Ward) the supreme court "ain't ready for reform" yet.

But I will definitely be supporting a Latina candidate for the very next vacancy that occurs in the supreme court by way of death, retirement, resignation, indictment, etcetera, etcetera, etcetera.

As always, E.P.

Anonymous said...

ITS OFFICIAL TODAY - IT IS ONE YEAR UNTIL THE MARCH 20, 2018 PRIMARY, SO JUDICIAL FUNDRAISER SEASON HAS BEGUN!

Anonymous said...

Ahem, has the Illinois State Board of Elections announced that 3/20 is the date? Not on the website yet. Oops, hope those petitions you have been circulating the last few months have the correct date.

Anonymous said...

PETITIONS DON'T START UNTIL SEPTEMBER

Anonymous said...

Uhm, I believe that was the point of the post, albeit sarcastically.

Anonymous said...

Laws is running for the Laws seat, according to informed sources. The husband, not the wife. Smart bait and switch. If only they can keep it secret. Perhaps he can run a joint campaign with the spouse of another recently retired Markham judge hailing from the 2nd sub. This will be the sub to watch in 2018. 2016 was nothing compared to the likely drama to be seen.