Donnelly assigned to the Appellate Court; Lyle moved to Mikva vacancy

In an Order entered yesterday, the Illinois Supreme Court assigned Circuit Court Judge Thomas More Donnelly to the Appellate Court. The appointment is effective October 16 and, as is typical in these sorts of appointments, does not contain an expiration date.

Of course, the fact that the appointment is open-ended does not mean it will last forever.

FWIW readers know, but most members of the public probably do not know that, at any given time, the First District Appellate Court will have as many as six Circuit Court judges sitting on the Court pursuant to Supreme Court appointment, a full 25% of the court's composition (there are 18 elected seats). In recent years, when a vacancy occurs on the Appellate Court, the Supreme Court will move the Circuit Court judge with the most time on the Appellate Court into the vacancy, where that judge will have to seek election to that vacancy or leave the court. Readers will perhaps be familiar with this as the 'up or out' slot.

In a different order entered yesterday, the Supreme Court moved Justice Freddrenna M. Lyle into that 'up or out slot.' Justice Lyle is a Circuit Court judge who was assigned to the Appellate Court in 2022. She is now being assigned to the position formerly held by Justice Mary L. Mikva, whose retirement from the Appellate Court is effective today, although Justice Lyle will keep her current case load (Judge Donnelly will inherit Justice Mikva's cases). But the key here is that Justice Lyle's new assignment now has an end date: December 4, 2028, when the person elected to Justice Mikva's vacancy will take office. Thus, up or out.

But not necessarily out altogether: The new assignment order specifies that Justice Lyle will remain a Circuit Court judge so that, should she decide not to run for the Mikva vacancy, she will be able to go back to the Circuit Court. If she had been appointed to the Mikva vacancy, that option would have been foreclosed.

The Supreme Court's press release concerning the Donnelly appointment can be found at this link.