Sunday, June 04, 2023

Who Sits Where: You Gotta Start Someplace Edition

Updated June 23, 2023
Updated June 5, 2023
Updated and bumped up June 4, 2023

I'm sure this list is incomplete, particularly with regard to subcircuit vacancies.

But it is as accurate as I can make it with the information I have collected. You gotta start someplace.

Non-lawyers (and maybe even some lawyers) may be surprised to learn that the list of judicial vacancies is not public -- not public, at least, until much, much later in the election cycle when the Illinois State Board of Elections posts an authoritative list.

When a judge decides to call it a career, said judge is supposed to submit a resignation letter to the Chief Justice of the Illinois Supreme Court. Chief Justice Theis could send me a copy of every letter... but I won't hold my breath waiting. The Supreme Court also requires that a retiring Cook County Circuit Court judge send copies of the resignation letter to the Director of AOIC and to Chief Judge Timothy C. Evans. It would be nice if the AOIC would send me an updated list, at least every now and then (and, if someone over there is reading, the email address is jackleyhane@yahoo.com). But that's a real long shot, too. And there's even less chance of getting word from Chief Judge Evans, sad to say.

And, in case you're wondering, I can't just FOIA a list. The judicial branch is exempt from FOIA. See, Bocock v. McGuire, 2017 IL App (3d) 150860, ¶21; see also, Nelson v. Kendall County, 2014 IL 116303, ¶29.

So I have to guess as best I can. I am eternally grateful to FWIW readers who send me reliable tips.

It's funny how the Cook County Democratic Party seems to be well informed about all possible vacancies. But... whatever.

One other final note: Some of the judges whose vacancies are listed below may still be coming into work -- but they have advised of their intent to leave, thus creating the vacancy. Admittedly -- once -- in a prior election cycle -- I mistakenly listed a vacancy in one of these lists, but the judge in question had not in fact resigned. And the judge in question was not in fact amused. And I heard about it. I was mortified; I certainly did not do it on purpose. I got incorrect information and I ran with it.

That said, all errors of omission or commission in the following list are mine alone and I am grateful for additions and corrections provided. This list will be updated periodically as event warrant in the coming weeks and months.

Supreme Court Vacancy

Vacancy of the Hon. Anne M. Burke -- Joy V. Cunningham

Appellate Court Vacancies

Vacancy of the Hon. Maureen E. Connors -- Mary L. Mikva
Vacancy of the Hon. Joy V. Cunningham -- Cynthia Y. Cobbs
Vacancy of the Hon. Eileen O'Neill Burke -- Unfilled

Countywide Circuit Court Vacancies

Vacancy of the Hon. Vincent Gaughan -- Corrine Cantwell Heggie
Vacancy of the Hon. Catherine Haberkorn -- Sarah Rodak Johnson
Vacancy of the Hon. Arnette Hubbard -- Deidre M. Dyer
Vacancy of the Hon. Marcia Maras -- Arlene Y. Coleman-Romeo
Vacancy of the Hon. Raymond W. Mitchell -- Neil H. Cohen
Vacancy of the Hon. Timothy P. Murphy -- Edward J. Underhill
Vacancy of the Hon. Lorna Propes -- Debjani D. Desai
Vacancy of the Hon. William Raines -- Unfilled
Vacancy of the Hon. Laura M. Sullivan -- Unfilled
Vacancy of the Hon. Debra B. Walker -- ChloƩ G. Pedersen

Subcircuit Vacancies

3rd Subcircuit
Vacancy of the Hon. Edward S. Harmening -- Unfilled

4th Subcircuit
Vacancy of the Hon. Edward J. King -- Phillip J. Fowler
Vacancy of the Hon. Edward M. Maloney -- Unfilled

5th Subcircuit
Vacancy of the Hon. Casandra Lewis -- Unfilled

7th Subcircuit
"A" Vacancy* -- Owens J. Shelby

10th Subcircuit
Vacancy of the Hon. Clare E. McWilliams -- Unfilled
Vacancy of the Hon. Gregory J. Wojkowski -- James S. Murphy-Aguilu

11th Subcircuit
Vacancy of the Hon. Ann Finley Collins -- Unfilled
Vacancy of the Hon. Paula M. Daleo -- Unfilled

12th Subcircuit
Vacancy of the Hon. Grace G. Dickler -- Unfilled
Vacancy of the Hon. Andrea M. Schleifer -- Unfilled

13th Subcircuit
Vacancy of the Hon. Samuel J. Betar III -- Unfilled
Vacancy of the Hon. Ketki Shroff Steffen -- Unfilled

14th Subcircuit
Vacancy of the Hon. James N. O'Hara -- Unfilled
Vacancy of the Hon. Daniel J. Pierce -- Unfilled

15th Subcircuit
"A" Vacancy** -- Unfilled

Vacancies in the new 16th, 17th, 18th, 19th, and 20th Subcircuits will come into existence as associate judges leave office. No more than 10 such vacancies will be created in any one election cycle -- a maximum of two, that is, in each of the new five subcircuits.

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*  This is the vacancy assigned to the 7th Subcircuit upon the resignation of Judge Irwin J. Solganick. Or upon the resignation of Judge Michael Toomin. See, note post.
**  This is the vacancy assigned to the 15th Subcircuit upon the resignation of Judge Michael P. Toomin. Or upon the resignation of Judge Irwin J. Solganick. It works either way. And, if I ever figure out which is correct, I'll update accordingly.

5 comments:

  1. You forgot to include Cynthia Cobbs sitting in Joy Cunningham's appellate seat.

    ReplyDelete
  2. Jack, are only the new subcircuits affected by AJ retirements, or will all subcircuits obtain seats when AJs retire. What decides subcircuit to benefit from a retirement, the subcircuit lived in when appointed AJ, or the subcircuit lived in when retired.

    ReplyDelete
  3. Anon 6/5 @ 10:19 a.m. -- You are correct. Post updated accordingly.

    Anon 6/5 @ 1:47 p.m. -- Only the five new subcircuits get vacancies created by retiring AJs. All the other subcircuits keep their existing seats. The boundaries of those subcircuits have changed, but when a judge elected from (for example) the old 1st Subcircuit, that vacancy remains with the current 1st Subcircuit.

    Put another way -- I used to live in the 10th Subcircuit. I didn't move, but now I'm in the 11th Subcircuit. Just to take a crazy example: If I had been a judge elected from the 10th Subcircuit and if I then retired, my vacancy would be filled from the new 10th Subcircuit: If I changed my mind about quitting, for whatever reason, I wouldn't be able to run for my own vacancy unless I moved into the new 10th.

    The residence of the retiring AJ is not relevant to where the vacancy created by the resignation is created.

    ReplyDelete
  4. Good morning, I did have a question for you about the new subcircuits. I noticed the amendment to House Bill 3138 which added this language to the statute giving an effective date as to the new subcircuits creation. From the language of this amendment, it appears that there will be no new subcircuits in this next election. Your thoughts?


    (705 ILCS 35/2f) (from Ch. 37, par. 72.2f)
    Sec. 2f. Circuit of Cook County.
    (a) Until December 2, 2024, the Circuit of Cook County shall be divided into 15 units to be known as subcircuits. On and after December 2, 2024, the Circuit of Cook County is divided into 20 subcircuits as drawn by the General Assembly. The subcircuits shall be compact, contiguous, and substantially equal in population. Beginning in 2031, the General Assembly shall, in the year following each federal decennial census, redraw the boundaries of the subcircuits to reflect the results of the most recent federal decennial census.

    ReplyDelete
  5. Anon 6/18 @10:21 a.m. -- The new vacancies come into existence on December 2, 2024 -- just in time for the persons elected to them to be sworn in.

    Whether there will be 10 of these or fewer can not be determined at this time. My money's on 10.

    ReplyDelete

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