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.
The General Assembly, in its infinite wisdom, has never seen fit to prescribe a mechanism for filling judicial vacancies as they occur. And while it is always the Court which technically makes the appointment, giving the Court the potential power, at least, to veto a particular choice, in practice each justice of the Supreme Court has the privilege of filling vacancies in their respective districts as they occur.
In Cook County---the First Judicial District---there are three justices. They take turns. One hears rumors of trades, from time to time -- one justice may have a particular interest in filling a particular vacancy and may be willing to trade a vacancy already in his or her gift for that one -- but there is no way to prove that such swaps occur.
A justice may fill a vacancy as he or she deems fit. That may mean not making an appointment at all. We may see fewer appointments made in the immediate future, since, because of COVID-19 restrictions, a new judge may not be able to immediately undertake all of his or her new duties. But, difficult as it may be to recall pre-Pandemic times, there have always been vacancies which have gone unfilled.
Though not required, Supreme Court justices have, in recent years, announced vacancies and procedures for filling them. In Cook County, Justice Theis announced the formation of a screening committee back in 2013. Chief Justice Burke has made public announcements for particular vacancies (such as this one, in the 13th Subcircuit, in 2016). Justice Neville announced his procedure for filling vacancies just last month.
Yesterday, however, Third District Justice Robert L. Carter (appointed when Justice Kilbride was defeated for retention) issued a press release asking for public comment on 12 applicants for a Will County vacancy.
That's something you will see soon, when Cook County Chief Judge Timothy C. Evans releases the names of all those applying for associate judge -- but it is highly unlikely that any First District Supreme Court justice would ever release a list of applicants for Cook County Circuit Court vacancies.
But, for the record, here is the list of current Will County hopefuls:
- Thomas H. Allen,
- Associate Judge Dinah J. Lennon Archambeault,
- Timothy A. Bass,
- John R. Connor,
- Moira K. Dunn,
- Katie E. Eisnaugle Rabenda,
- James B. Harvey,
- Michael J. Kartsounis,
- Michael R. Lucas,
- Zachary B. Pollack,
- Marzell L. Richardson, and
- Jeffrey J. Tuminello.
Those wishing to send written comments about one or more of these applicants may address them to: Judge Appointment Comments, Twelfth Judicial Circuit, Administrative Office of the Illinois Courts, 3101 Old Jacksonville Road, Springfield, IL 62704. Comments must arrive by 12:00 p.m. on March 4. Comments should be brief, preferably no more than 250 words, and---here's the part that will presumably dissuade most FWIW readers from offering any comments---commenters are requested to include contact information, including name and address.
Justice Carter will appoint a judicial screening committee made up of representatives from the community, including members of the legal profession and non-lawyers, to evaluate all of the information. The names of the committee members will be announced at a later date.
Don't want nobody nobody sent.
ReplyDeleteHe also has the option of asking the ISBA to conduct a circuit-wide attorney poll, which the ISBA does upon request in every circuit except Cook. Would provide a broader range of viewpoints than simply soliciting signed comments.
ReplyDeleteHave they started publishing the list of Associate Judge applicants? I haven't seen it yet.
ReplyDeleteGremlins playing Kremlinology are beginning to make plans. Are you making yours?
ReplyDeleteOr you could just run.
ReplyDeleteWhere is the COOK COUNTY Associate Judge applicant list?
ReplyDelete