BREAKING: CBA announces "Not Recommended" Rating for Judge E. Kenneth Wright, Jr.

The Judicial Evaulation Committee of the Chicago Bar Association has announced that it has issued a "Not Recommended" rating on Judge E. Kenneth Wright, Jr., the Presiding Judge of the First Municipal District. The explanation of the CBA's rating has just been posted to its website. FWIW reproduces it here:

Judge E. Kenneth Wright, Jr. is “Not Recommended” for retention as a Circuit Court Judge. Judge Wright was admitted to practice law in Illinois in 1977 and has served as a judge since 1994. Judge Wright serves as the Presiding Judge of the First Municipal District.

Judge Wright has a strong record of service and an impressive career as a Cook County judge for over 30 years. However, it was concerning to the Committee that a sitting Cook County judge has had a driver’s license for over 40 years that lists a Will County address and that he obtained a homeowner’s exemption on property he owns in Will County, attesting that it was his primary residence. While Judge Wright explained that these were innocent mistakes, the Committee is concerned that his failure to comply with basic law requiring him to update his driver’s license together with his application for a homeowner’s exemption in another county suggests an intent to secure unfair gain or advantage. Judge Wright also has taken inconsistent positions with regard to his primary residence, which raises diligence issues for the Panel. While we acknowledge that Judge Wright was apologetic and remorseful, for the above stated reasons we must find him “Not Recommended” for retention.

The CBA had previously recommended a "Yes" vote on Judge Wright's retention, but that rating was pulled after Injustice Watch published a story about two retention candidates, Wright and Judge Shannon O'Malley, "Two Cook County judges claim homestead exemptions in Will County." The story, by Kelly Garcia and David Jackson, provided evidence suggesting that neither Judge O'Malley nor Judge Wright actually live in Cook County.

The Illinois State Bar Association also issued a "Not Recommended" rating regarding Judge Wright's retention following publication of the Injustice Watch story, stating, in pertinent part, "The [Judicial Evaluation] Committee has concerns regarding his level of candor concerning the recently identified residency and property tax homestead issues."

The Chicago Council of Lawyers also expressed concern about Judge Wright's residency, ultimately deciding to recommend him for retention anyway. The Council's evaluation stated, also in pertinent part:

It was recently reported that Judge Wright claims a senior homestead tax exemption on a residence in Will County, Illinois, while maintaining residency in Cook County for purposes of meeting residency requirements to be a judge of the Circuit Court of Cook County. Judge Wright fully participated in the Alliance’s investigation process concerning this matter, and reported that he has corrected his tax exemption status.

Judge Wright's forthright handling of the matter, coupled with a strong history of professionalism on the bench, leads the Council to find him Qualified for retention.

Some voters may wonder why it is such a big deal where a judge lives.

The answer? It is a big deal because the Illinois Constituion makes it a big deal. There is a residency requirement specified in Section 11 of Article VI of the Illinois Constitution. This section provides, in pertinent part (emphasis mine):

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.

Section 12(a) of Article VI of the Illinois Constitution states, in pertinent part, "A person eligible for the office of Judge may cause his name to appear on the ballot as a candidate for Judge at the primary and at the general or judicial elections by submitting petitions."

Failure to abide by these provisions can disqualify a person from judicial service. For example, when it was discovered that a judge lied about where he lived, falsely claiming to live in Cook County's 10th Judicial Subcircuit, in his parents' house, when in fact he and his family lived in the western suburbs, the failure to comply with these constitutional requirements was one of the bases cited by the Illinois Courts Commission in its decision removing that judge from the bench. See, In re Golniewicz, 02 CC 01, 4 Ill. Cts. Com. 9 (2004).

The Illinois Supreme Court later cited Golniewicz in Goodman v. Ward, 241 Ill.2d 398 (2011). Chris Ward wanted to run for judge in the 4th Subcircuit of the 12th Judicial Circuit (Will County). But, while he was a Will County resident, when he filed his nominating papers, he was not in fact a resident of the 4th Subcircuit. Therefore, the court held, that he was not eligible to have his name put on the ballot (241 Ill.2d at 412-12) (empahses in original):

Pursuant to section 12, eligibility for judicial office is therefore a prerequisite to running for that office. Under section 11, eligibility requires that one be a "resident of the unit which selects him" Ill. Const. 1970, art. VI, §11. While there may be contexts in which the language of article VI, section 11, is "arguably ambiguous" (Thies v. State Board of Elections, 124 Ill. 2d 317, 323, 529 N.E.2d 565, 124 Ill. Dec. 584 (1988)), the situation presented by this case is not among them. Giving sections 11 and 12 their plain and ordinary meaning, it is therefore clear that under our Constitution, candidates for the office of circuit, appellate or supreme court judge must be residents of the unit from which they seek election before they may cause their names to appear on the ballot for the primary election. See Maddux v. Blagojevich, 233 Ill. 2d 508, 514 n.3, 911 N.E.2d 979, 331 Ill. Dec. 749 (2009). If they are not residents, they are simply ineligible to run. If they attempt to run when they do not meet the constitutionally mandated residency requirement and manage to win the election, they will be subject to removal from office by the Illinois Courts Commission. In re Golniewicz, 4 Ill. Cts. Com 9, 39-40 (2004).

In addition to the ISBA and, now, the CBA, Judge Wright has also been found Not Recommended for retention by LAGBAC, Chicago’s LGBTQ+ Bar Association.

On the other hand, at last report, in addition to the Chicago Council of Lawyers, the following members of the Alliance of Bar Associations for Judicial Screening did recommend a "Yes" vote for Judge Wright: the Arab American Bar Association, the Asian American Bar Association of the Greater Chicago Area, the Black Men Lawyers’ Association, the Black Women Lawyers’ Association of Greater Chicago, the Cook County Bar Association, the Decalogue Society of Lawyers, the Hellenic Bar Association of Illinois, the Hispanic Lawyers Association of Illinois, the Puerto Rican Bar Association, and the Women’s Bar Association of Illinois.