Thursday, August 27, 2026

ISBA and IBF Presidential Reception set for September 16

The Illinois State Bar Association and the Illinois Bar Foundation will host a Presidential reception honoring ISBA President 2025-26, Hon. Bridget C. Duignan, and IBF President 2025-26, Lauren N. Tuckey, for their service to the Illinois State Bar Association, the Illinois Bar Foundation, and the legal community, on Wednesday, Septemer 16, from 5:30 to 7:30 p.m., at the Hubbard Inn, 110 W. Hubbard Street.

Proceeds of this event will benefit the Illinois Bar Foundation. The IBF’s mission is to ensure meaningful access to the justice system, especially for those with limited means, and to assist lawyers who have fallen on hard times.

Tickets for the event are $75 apiece (and sponsorships are available, starting at $250). The ticket price includes admission, "heavy hors d’oeuvres," and a limited open bar. Tickets and sponsorship information are available at this page of the IBF website.

Justice Tailor announces application process for two countywide, two subcircuit vacancies

Remember when I mentioned that Justice Tailor had announced a committee to assist with screening candidates for temporary appointments to judicial vacancies? Well, it appears the committee is about to be activated. Here's the press release from the Supreme Court:
Supreme Court Justice Sanjay T. Tailor has begun an application process for four judicial vacancies – two at-large vacancies and two subcircuit vacancies – in Cook County.

The at-large vacancies are for the seats of Judge Diana Rosario (vacant as of June 1, 2026) and Judge Shelley Sutker-Dermer (vacant effective December 7, 2026), and the subcircuit vacancies are for the seats of Judge Sybil Thomas (19th Subcircuit, vacant as of January 31, 2026) and Judge Pamela Loza (12th Subcircuit, vacant effective September 18, 2026).

Under the Illinois Constitution, judicial vacancies are filled on an interim basis by Supreme Court appointment. Justice Tailor will make recommendations to the Supreme Court after applicants for the position undergo a screening and evaluation process.

The application form and instructions may be obtained by visiting the Illinois Supreme Court’s website at www.illinoiscourts.gov and following the instructions in the latest news scroller announcing the Cook County vacancies.

Applications must be filed electronically and the deadline for submission is 5 p.m. on September 10, 2026.

The persons appointed to fill the vacancies will serve until the first Monday in December following the November 2028 election.

To be eligible for consideration for appointment, the applicant must be a lawyer in good standing, licensed to practice law in Illinois, and a resident of the county or subcircuit at the time of appointment.
To be honest, I'm a little surprised that the 19th Subcircuit 'vacancy' is included in this list. As the press release notes, this judgeship was created by the retirement of Associate Judge Sybil C. Thomas and it was assigned to the 19th Subcircuit by operation of the Judicial Circuits Districting Act of 2022. It is a position that has sprung into existence through legislative legerdemain; it would be filled, under the statute, in the forthcoming 2028 general election, but since it has not existed heretofore -- that is, it has never been filled -- how can it now be considered "vacant"?

Filling the position by temporary appointment will not increase the judicial population: Judge Thomas is no longer serving. But for the Judicial Circuits Districting Act of 2022, Judge Thomas's vacancy would have been filled by the appointment of a new associate judge. But, under the Act, that associate judgeship has ceased to exist. But how is there a vacancy in an office that has never had an occupant?

Hopefully someone can explain this to all of us. (And, no, I really don't think for one moment that any eligible 19th Subcircuit resident with judicial ambitions will let this statutory conundrum deter their filing an application for this position. But I'd still like an explanation. If there is one.)

Friday, August 21, 2026

IJC Installation and Scholarship Awards Ceremony set for September 9

The Illinois Judicial Council will hold its 44th Annual Installation and Scholarship Awards Ceremony on Wednesday, September 9, from 5:00 to 8:00 p.m., at the Gallery Guichard, 436 E. 47th St. Details are on the event flyer, reproduced above.

Tickets are $165 each and are available at this PayPal link. Sponsorships are also available: Silver - $500, Gold - $1,500, or Platinum - $5,000. (Yes, the poster has a smaller amount for the Platinum sponsorship. It's not my poster. Besides, if you're inclined to quibble on this, maybe you should consider a different - lower - sponsorship level.) Anyway, if I've done it correctly, clicking here, on the desired sponsorship level will take you to PayPal pages dedicated to each of these levels.

CBA Golf Outing set for September 15

The Chicago Bar Association will hold its annual Golf Outing on Tuesday, September 15, at The Glen Club, 2901 W. Lake Ave., Glenview. Here is the posted schedule for the event:
  • 10:15 a.m. - Registration Opens
  • 10:30 a.m. - Buffet Lunch, Driving Range and Practice Greens Available
  • 12:15 p.m. - Call to Golf Carts
  • 12:30 p.m. - Golf Start
  • 5:00-7:00 p.m. - Cocktails and buffet dinner
It costs $1,600 to register a foursome; logically enough, individual golfers can sign up for $400. There is also a reception-only option; this costs $75. All of these options are available at https://www.chicagobar.org/golf. I will caution you that, when I checked the link to make sure it worked, the tab on my browser came up marked "Golf Outing - Reception Only."

Maybe that was just on my computer... possibly someone heard about the last time I played a round of golf... about a generation ago. It was the parish golf outing, and a bunch of us non-golfers decided to team up so that the little old men carrying oxygen tanks as well as golf bags would feel better about their scores. Anyway, we were out on the course for about forever... other groups kept passing by us... but we made it back to the clubhouse by dusk, if only barely.

One member of the sponsoring group (the Holy Name Society) drew the short straw and was waiting for us. (They did not actually ask the authorities to drag the water hazards looking for us, though that was under active consideration when we turned up.) "Guys," the poor man said, with some considerable exasperation, which was entirely understandable inasmuch as he'd missed dinner and drinks while waiting for us, "didn't you understand this was a best ball tournament?" We did, we admitted sheepishly; it's just that none of us could hit a golf ball as far as we could throw it. It was thereafter made quite clear to all of us that we might help the organization more by not signing up for future golf outings.

Anyway, even if your browser tab is also marked "Golf Outing - Reception Only," you will be able to sign up to play. There's even a link on that page from which you can download a list of sponsorship opportunities (from a $750 hole sponsorship to a $5,000 event sponsorship). Questions about the event, including questions about available sponsorships, should be addressed to Michele Spodarek.

Friday, August 14, 2026

Eight million page views... but...

According to my Blogger dashboard, FWIW crossed the 8-million page view mark some time yesterday. This is a screenshot of the statistics I found when I signed on this morning. That's over 2,000,000 page views since January. Pretty heady stuff, really.

On the other hand, I didn't win the Powerball jackpot, I still have no book contract, and my phone just died. I had a different article in mind for FWIW this morning... but i'll have to do something about that phone today.

* Sigh *

Thursday, August 06, 2026

Lucky 13: Supreme Court gives 13 unopposed candidates a head start on their judicial careers

The Illinois Supreme Court has given 13 unopposed Cook County judicial candidates a head start on their judicial careers. In a series of orders entered today, the Supreme Court has appointed
to the vacancies to which these individuals will be elected come November. With the exception of the order appointing Sam Bae, which I could not find, best efforts notwithstanding, the appointment orders are each linked, above; the Supreme Court's press release announcing the appointments can be found here. (I'll amend the post to include Bae's appointment order when I can find it.)

Each of these appointments is effective Monday, August 10. Each will terminate when these appointees are sworn in to their full terms in December.

Judge Michael Cabonargi appointed to 9th Subcircuit Tailor vacancy

The Illinois Supreme Court today appointed Judge Michael Cabonargi to the 9th Subcircuit vacancy created by the elevation of Sanjay T. Tailor to the Supreme Court. That's a link to the Supreme Court's order in the preceding sentence; the Court's press release concerning the appointment can be found here.

The appointment is effective tomorrow; it will terminate December 4, 2028.

Cabonargi had been serving, pursuant to Supreme Court appointment, in the countywide Coghlan vacancy. He has served in the judiciary since June 2025.

Former Chief Judge Evans appointed to the Appellate Court

The Illinois Supreme Court today appointed former Cook County Chief Judge Timothy C. Evans to the Lavin vacancy on the Illinois Appellate Court. That's a link to the Supreme Court's order in the preceding sentence; the Court's press release concerning the appointment can be found here.

The appointment is effective August 17; it will terminate December 4, 2028.

Evans was elected to a then-new 5th Subcircuit seat in 1992. He was elected Chief Judge in September 2001, serving in that role until 2025.

We don't have a pure democracy in this country -- AND WE DON'T WANT ONE, EITHER

You are looking at a map of Ancient Greece, lifted from the Encyclopedia Britannica website.

For the sake of perspective -- and, I promise, I will explain why this is important momentarily -- here is an outline of the State of Illinois superimposed over the modern nation of Greece.

(This was obtained from a site called MyLifeElsehwere.com.)

There was no "nation" of Ancient Greece. While there was a common culture and language, albeit spoken in different dialects (such as Doric, Attic, or Ionic, at least until the time of Alexander the Great), Greek city-states could be found running from Sicily in the west (Syracuse - the home of Archimedes - most of you have probably heard at least something of him - was the most important Greek city on that island), across southern Italy (for example, Naples was once known as Neapolis), across what we now think of as Greece, including all those many islands, to Asia Minor (modern Turkey) in the east. Each was usually independent of every other. They would ally with one another, or go to war against each other, and they would form leagues of one sort or another to pool resources -- but, even when they were members of the same 'league,' each of these places had their own governments.

You may have learned, in school, that Athens, one of those city-states, and often an important one, was "the birthplace of democracy," and perhaps it was. Democracy had to start some place. But a great many of these city-states experimented with democracy at one point or another.

The experiments always turned out badly.

Now, perhaps some of you are old enough that the name Plato came up once or twice in your studies. Plato, in Book VIII of The Republic, has Socrates identify five forms of government, starting from the best, aristocracy, and, then, in descending order, timocracy, oligarchy, democracy, and tyranny.

"Aristocracy," in this view, is the rule of the best people, philosphers all, under the guidance of a philospher-king. This would be the ideal form of government, in Plato's view, if it could exist, but, if it did, it would probably degenerate into timocracy when the ruling class began to equate the pursuit of honor, and of military and athletic success, with the lofty and laudable pursuit of human excellence and the common good. Timocrats would also, over time, begin to admire the accumulation of wealth, to the point where accumulation of wealth becomes the primary goal of the ruling class and the polity degenerates into oligarchy.

Eventually, the oligarchs will become soft, fat, and ripe for overthrow by the lower orders, all of whom will want their say, and the society will degenerate still further, into democracy. But democracy will soon become mob rule, and, sooner or later, a tyrant will emerge. The tyrant is not concerned with the common good, only his own aggrandizement, and this at the expense of all. This is the lowest form of government.

Plato's "Republic" never existed, nor could it. Human nature prevents the development of the true Philosopher-King, just as it renders impossible the development of the New Socialist Man.

(This seems like a good moment to recall James Madison's famous quote in Federalist 51, "If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary." Angels willing to govern humankind have so far not been found; persons who are all too willing to assume the complete governance of their fellow human beings are no angels.)

But to return to the main thread: When I was exposed to Plato, a half century ago, this was presented as theory. Philosophy. "Political science." Plato -- including his dim view of democracy -- was just one theorist, Marx was simply another.

This was -- even then! -- a gross and unfair simplification.

The Greeks studied governments; they observed governments. They had so many to observe.

Per Google, the driving distance from Athens to Sparta is about 132 miles. That's less than the distance from Chicago to Galena (163 miles, if you're keeping score at home). And most of the Greek cities you may recall from school were closer to Athens than that: Megalopolis was just less than 118 miles from Athens, Thebes was about 75 miles away, Sicyon about 68 miles distant. Argos and Athens were separated by no more than 80 miles, Corinth by about 52.

Imagine, if you will, Chicago as an independent city-state. Imagine Galena as a different, but also independent city-state. And Rockford, Freeport, Elgin, Aurora, Hammond (too soon?), Naperville, Wheaton -- all independent, all with different constitutions and traditions, sometimes allied, sometimes fierce enemies. (Naperville and Wheaton were never independent city-states, but they did almost go to war over which would be the DuPage County seat. Because violence was feared, the DuPage County records were shipped out to a different county seat... the county seat of Cook County... Chicago... where they were in October 1871... but that's a different story).

When the ancient Greeks said that there were only so many different forms of government, and that each of these forms, whichever was selected by a city-state, deteriorated into still worse forms, they were not talking theoretically. They were speaking from vast experience. They had multiple, multiple data points, over many hundreds of years. They had what the young people might call "receipts." This passage from chapter 4, Book VI of Polybius' Histories is a summary of extensive observation, not academic speculation:
The first [of the six kinds of government] to come into being is one-man rule, which arises unaided and in the natural course of events. After one-man rule, and developing from it with the aid of art and through the correction of its defects, comes kingship. This later degenerates into its corrupt but associated form, by which I mean tyranny, and then the abolition of both gives rise to aristocracy. Aristocracy by its very nature degenerates into oligarchy, and when the populace rises in anger to avenge the injustices committed by its rulers, democracy is born; then in due course, out of the license and lawlessness which are generated by this type of regisme, mob rule comes into being and completes the cycle.
(Quoted from the translation of Ian Scott-Kilvert, published sub nom. The Rise of the Roman Empire, Penguin Books, 1979, p. 304.)

And, after mob rule had run its course, and more likely sooner rather than later, someone would wrest control of the mob and the cycle will begin anew. In the modern world, however, the person who emerges on top might eschew the title "king." That person might style himself or herself General Secratary of the Party instead. But he or she will likely be a tyrant nonetheless.

How can a society avoid this vicious cycle?

This was a question that consumed Polybius (c. 200 - 118 B.C.). He was writing his Histories as the Roman Republic finally destroyed Carthage and sacked Corinth (both in 146 B.C.). He was himself a statesman, with political and military experience in the Achaean League. While he supported Rome in its wars against Macedon, he wound up interned at Rome for a time, as Roman interests began swallowing up more of the Greek peninsula. He did cultivate powerful friends at Rome, including Scipio Aemilianus, to whom he was tutor and mentor. So it's not entirely suprising that he found a lot of good things to say about the Republic, including praise for the Roman constitution.

However, it was not all just idle (or diplomatic or careerist) flattery. The ancient Greeks had an enormously high opinion of themselves. There were Greeks... and there were barbarians. Aristotle may have been tutor to Alexander the Great, but Macedonians weren't true Greeks, even if Alexander's armies brought Hellenistic culture all the way to India. And, if the Macedonians weren't quite Greek enough, how could one explain the successes of those bumpkins from the banks of the Tiber? It couldn't be their people, and certainly not their culture -- browse Plutarch's lives of famous Romans and you'll note that any truly good Roman had a good Greek education, and any defects in an older Roman could be explained by his failure to acquire a proper appreciation for Greek culture. And the Romans lapped this up, too: By the late Republic, every educated Roman was also fluent in Greek. Indeed, as you may have learned in school, the Roman Empire survived for nearly 1000 years after the fall of Rome (until May 29, 1453, to be precise) -- but the language of that 'Roman' Empire was Greek.

So Polybius really was looking for an explanation as to how the upstart Romans had been able to conquer the world. He found it in the Roman constitution. Polybius found the Roman constitution to be noticeably different from the constitutions of the many city-states he knew -- it was a mixed constitution, with elements of monarchy, aristocracy, and democracy, that staved off political deterioration... and enabled an obscure city-state to grow into a great power. This view was quite influential... it greatly influenced America's Founding Fathers, for example, a lot of whom had read Polybius in the original Greek. We'll revisit Polybius' admiration for Rome's mixed constitution in a future post.

But, alright, Dear Reader, you are a Modern Person. You put no stock in the opinions of dead Europeans from slave-holding societies. You were taught that "pure democracy" is the ideal government... so you'd like to abolish the Senate, the Electoral College, the presidency, and so on.

OK... for all you Modern Persons... let's talk about "pure democracies" for a minute. America is not a "pure democracy" but there are many "pure democracies" in America. Indeed, you may well be familiar with one of the more common examples... which often really do degenerate into tyrannies, just like the Greeks reported. Have you never heard of homeowners' associations?