Wednesday, September 12, 2018

Jessica O'Brien off the November retention ballot

In an order entered today, the Illinois Supreme Court, on its own motion, dismissed as moot the mandamus petition filed to knock Judge Jessica A. O'Brien off the November retention ballot.

According to the court, O'Brien had promised, back in February, to resign if her post-trial motions in her federal criminal case proved unsuccessful. Her motions to overturn her conviction were denied on September 4. The court therefore considers O'Brien to have resigned as of September 4. Moreover, although the Illinois State Board of Elections website does not yet reflect it (and I've been checking), O'Brien officially withdrew her retention candidacy in an email sent to the Secretary of State on September 5 and filed on September 6.

18 comments:

Anonymous said...

2020 vacancies:

Bellows
Hyman
O’Brien
bertucci (14 sub)
Fleming (9th Sub)
Hopkins (1st Sub)

Go get em!

Anonymous said...

Forgot one:
Patti vacancy
O’Brien
Bellows
Hyman
Those are the current countywides.

Jack Leyhane said...

I'm not certain there is, in fact, a Hyman vacancy.

Yes, Justice Hyman (elected as a Circuit Court judge in 2008 but assigned to the Appellate Court by order of the Illinois Supreme Court) was transferred to the Appellate Court vacancy created by the appointment of Justice P. Scott Neville Jr. to the Supreme Court -- but the transfer order was corrected on June 1.

That order now reads, in pertinent part: "Effective June 15, 2018, and terminating December 7, 2020, the Honorable Michael B. Hyman, Judge of the Circuit Court of Cook County, at Large, presently assigned to duty in the Appellate Court of Illinois, First District, is reassigned to duty in the Appellate Court of Illinois, First District, to the position currently held by the Honorable P. Scott Neville, Jr., who is being appointed to the Supreme Court of Illinois. Judge Hyman shall retain his current rotation position and remains assigned his current cases.

"During such service on the Appellate Court of Illinois, Judge Hyman continues to be relieved from all his regular duties in the Circuit Court of Cook County, and he shall receive compensation at the rate normally paid Appellate Judges of the State of Illinois."

That language is quite different from the language used when Judge John C. Griffin was appointed to the Appellate Court just the month before: "Effective May 2, 2018, and terminating December 7, 2020, the Honorable John C. Griffin, Judge of the Circuit Court of Cook County, is appointed to the Appellate Court of Illinois, First Judicial District, to the position currently held by the Honorable John B. Simon, who is resigning from judicial service on May 1, 2018."

So... as I'm reading this, there is a Griffin vacancy to be filled in the 15th Subcircuit, but no countywide Hymnan vacancy. Am I missing something?

Also, there's a new "A" vacancy in one of the subcircuits -- I can't find my cheat sheet to tell you which one at this moment -- created by the retirement of Judge Alexander White.

That's all I can add to your list, or subtract therefrom, at this moment, Anon.

Anonymous said...

Jack I think you and Anon are both right; there is a countywide and 15th subcircuit vacancy. The only one who is guaranteed a job after 2020 is Walker, who filled a circuit judge vacancy on the appellate court. I might be wrong but I was under the belief that when circuits on the appellate court get moved into a seat held by an elected appeallate Justice, they have to run in the next cycle to keep the seat. It’s similar to taking a Supreme Court appointment to the circuit court. But I’m no expert.

The new vacancy a is rumored to be going to a certain Chicago alderman who was angling for an appointment last year.

Jack Leyhane said...

Anon 9/13 7:45 -- You are right in that Justice Hyman has to run to hold the seat he now holds by appointment. However, as I understand it, if he does not run, or runs and does not win, he reverts to his "regular duties in the Circuit Court of Cook County." So, as I understand it, there is no countywide Hyman vacancy unless he runs and wins a seat on the Appellate Court -- and that vacancy would be filled in 2022, not 2020.

And I found my cheat sheet. If I have this right, Judge White's retirement creates an "A" vacancy in the 2nd Subcircuit.

Anonymous said...

PRECKWINKLE HAS A TOOL TO GET MAYORAL SUPPORT FROM ALDERMEN/COMMITTEEMEN WHO ARE ATTORNEYS - AS CHAIRMAN OF THE PARTY SHE CAN SEE TO IT THAT THEY GET COUNTYWIDE SLATING SHOULD THEY BE JUDICIALLY INCLINED.

Anonymous said...

How do you determine which subcircuit gets the "A" vacancy?

Anonymous said...

Any published list of the recent applicants for these openings?

Jack Leyhane said...

Anon 9/13 at 11:36 a.m. -- My "cheat sheet" is a copy of an Order entered by then-Illinois Supreme Court Chief Justice Benjamin K. Miller that shows the order in which all old citywide and suburbs-only vacancies would be parceled out to the subcircuits.

The thing is, after Judge White's retirement, there are still three such judges -- and only two more subcircuit slots to be assigned (7 and 15, in case anyone is worried about it). Where would that third vacancy go, whenever it may occur?

Anon 9/13 at 12:04 p.m. -- There never has been any such list. Although Justices Theis and Burke have screening committees to assist them when vacancies occur, and usually solicit applications when they have vacancies to fill, they have never published any list of all those who have applied. Justice Neville hasn't filled any vacancies yet so I won't speculate about what procedures he may follow... but I wouldn't put money on such a list being released for any vacancy to be filled by the Supreme Court any time soon.

There will be a list of those applying for the current Cook County Associate Judge vacancies. I'll have that list when it is available here on FWIW.

Anonymous said...

Judge Lacy also retired back in July. Not sure if he is countywide or subcircuit.

Jack Leyhane said...

Anon 9/13 at 12:55 p.m. -- Judge Lacy would have been 14th Subcircuit. So that's two vacancies there.

Anonymous said...

Nobody need bother to apply for a vacancy in 2. A certain alderman is not even thinking of trying to run for re-election (not seriously) and will almost certainly use his influence as a committeman to compel Justice Neville to appoint that alderman into the second sub circuit. His poker buddies will have to either run countywide or move into 1, 5 or 7.

Anonymous said...

Rut-Roh. One of them has already returned to his real residence in 1. Perhaps there are fewer PD’s in 1.

Anonymous said...

Fleming is 8th Sub, not 9th.

Anonymous said...

From what I hear, there are 3 PDs planning to run in 1.

Anonymous said...

And 4 in 2.

Anonymous said...

3 states attorneys running in 1.

Anonymous said...

4 PD’s in 2 for a single slot? That’s going to be fun. 2016 all over.