Capitol Fax.com - Your Illinois News Radar » Please, stop doing stuff like this
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
CapitolFax.com
To subscribe to Capitol Fax, click here.
Please, stop doing stuff like this

Monday, Sep 18, 2023 - Posted by Rich Miller

* My weekly syndicated newspaper column

Among other things, sitting Illinois judges are prohibited by Illinois Supreme Court Rule 4.1 from making “speeches on behalf of a political organization” or soliciting funds for a political organization or candidate, except when they’re up for election or retention.

So, you might ask, what the heck was Illinois Supreme Court Justice Elizabeth Rochford thinking when she decided to accept an invitation to be the keynote speaker at the Lake County Democratic Women’s annual fundraising gala on Sept. 9?

The registered political action committee is one of the most influential independent countywide campaign groups of its kind in all of Illinois, having helped recruit, train and then elect dozens of local candidates over the years (including Rochford herself).

“Illinois voters deserve a fair and impartial state Supreme Court that’s free of and from politics, which does not appear to be the case here,” said Illinois Republican Party Executive Director Shaun McCabe in a press release last week about Rochford’s speech.

“The Illinois Supreme Court’s Code of Judicial Conduct (Canon 4, Page 48-50) is clear: sitting judges who aren’t up for election shall not speak at political functions supporting the election of candidates,” the Illinois Republican Party’s press release claimed. A Republican Party official said later we can expect a formal complaint will be filed soon.

The controversy boils down to two questions about the Supreme Court’s rule: 1) Did Rochford make a speech on behalf of a political organization? And 2) Did her role as keynote speaker mean she was soliciting funds for the Lake County Democratic Women PAC?

Rochford’s defenders say “no” to both questions. She gave a non-political speech “to” a political group, not “on behalf” of it. And she didn’t do anything to solicit any money for the political action committee.

Rochford herself issued a rare statement to me last week: “I receive speaking requests from many groups and organizations. I believe it is important for judges to appear in public and help educate people about the Judicial Branch. My speech at this event was about the work of the Illinois Supreme Court, its non-partisan nature and the collegiality that is fostered by our unique lodging arrangement during court terms. The content of my speech was not political in any way and so should not be construed to have been provided on behalf of any political candidate or organization.”

Others who were at the event confirmed Rochford’s claim she said nothing that could be construed as partisan or campaign related in nature.

I totally get the narrow and lawyerly interpretation. Any formal Republican complaints are likely doomed because of it. These are lawyers, after all. Words are carefully chosen for good reason.

And, more importantly, we elect our judges in Illinois, so that means we do have to accept they are inherently political beings. If they were all appointed and confirmed by the state Senate, or whatever, it would be a different story.

But, I mean, come on.

Keynote speakers are usually invited because they help legitimize the organization and, as a result, drive increased attendance. And robust attendance is obviously very crucial to the success of any annual fundraiser.

So, while Rochford didn’t technically speak “on behalf” of the group, she did help the Lake County Democratic Women further prove its bona fides by agreeing to speak.

And while she did not directly raise money for the group that helped nominate her in a competitive Democratic primary and then elect her over a Lake County Republican general election opponent, it should have been abundantly clear her very presence undoubtedly helped the group raise at least some campaign money that it might possibly not have brought in without her.

Rochford has been around politics for a very long time. She most certainly knows this speech was far different from presenting to a law school symposium or bar organization.

I’m not saying judges and justices should cloister themselves away like monks. But they should at least try to keep up appearances when they’re not actively campaigning, especially during an era when every decision by just about every Supreme Court in the land, including the U.S. Supreme Court, is being analyzed for political bents.

       

16 Comments
  1. - Pot calling kettle - Monday, Sep 18, 23 @ 9:53 am:

    She could have also booked a speech with the Republican counterpart organization and then announced both at the same time…but, she didn’t.


  2. - ArchPundit - Monday, Sep 18, 23 @ 10:05 am:

    But even that is a political choice, Pot. She will oversee challenges from 3rd parties at times. The best way is to avoid specifically partisan groups.


  3. - Lincoln Lad - Monday, Sep 18, 23 @ 10:05 am:

    Demonstrates poor judgment on her part… just what you want in a judge… like you said Rich, stop doing stuff like this. Be better


  4. - Homebody - Monday, Sep 18, 23 @ 10:14 am:

    Keeping up appearances is bad. Judges make politically important decisions on a daily basis, especially appellate or supreme court judges and justices. The whole theatrical pretending that judges aren’t human beings with established positions on issues is a farce, and actively harms public perception of the judiciary and legitimacy of government.

    Also, it won’t stop groups like the Federalist Society from doing what they are doing anyways. It won’t stop SCOTUS appointees from lying during confirmation hearings.

    So let’s stop pretending.


  5. - Bruce( no not him) - Monday, Sep 18, 23 @ 10:15 am:

    She’s just following the US Supreme Court.
    “Rules? We don’t follow no stinkin’ rules.”


  6. - Drury's Missing Clock - Monday, Sep 18, 23 @ 10:22 am:

    You simply cannot expect a successful attorney to believe that the rules apply equally to their self.


  7. - Dolores R - Monday, Sep 18, 23 @ 10:25 am:

    This is a pattern of behavior from her now. After being sworn in, she also partook in a gun control lobbying event for the gun ban. She refused to recuse from it when motioned to do so as well. She has been very unethical and seems like she just doesn’t care
    https://www.mom-at-arms.com/post/major-hurdle-for-the-il-supreme-court-justice-who-upheld-the-il-gun-ban


  8. - This - Monday, Sep 18, 23 @ 10:31 am:

    It’s amateur hour for Judge Rochford. Any Supreme Court justice with an ounce of common sense would never agree to a keynote role for a political party event. Perception is nine tenths of the game.


  9. - Red ketcher - Monday, Sep 18, 23 @ 10:35 am:

    Appearance of Impropriety is as Bad as Impropriety


  10. - JB13 - Monday, Sep 18, 23 @ 10:38 am:

    – She has been very unethical and seems like she just doesn’t care –

    Indeed. But why *should* she care?

    Nothing is going to happen to her. And she will remain on the court for as long as long as she wishes.

    Perhaps she may even get to deliver a diatribe or two along the way, reminding others of their ethical and civic obligations under the law and rules imposed by the court. One can always hope.


  11. - Donnie Elgin - Monday, Sep 18, 23 @ 10:46 am:

    “we elect our judges in Illinois, so that means we do have to accept they are inherently political beings”

    There are very clear rules about speeches at political fundraisers. These are extremely smart folks, no excuses for breaking the rules. Judges for sure know the meaning of “Shall not”


  12. - Gravitas - Monday, Sep 18, 23 @ 11:05 am:

    This is a very good article that summarizes the issues precisely.

    My take is that Rochford did cross the ethical line, but only barely. She needs to do better in future.

    It is a safe assumption that the Lake County Democratic Women raised more funds due to Rochford being promoted as the guest speaker.


  13. - Hank Sauer - Monday, Sep 18, 23 @ 11:25 am:

    Nothing to see here. Move on


  14. - Oswego Willy - Monday, Sep 18, 23 @ 11:40 am:

    First, it’s good stuff by Rich to lay out a discussion in the column to what and why, not just the partisan that even here in comments lather up the “in-law uncles”.

    For me?

    It’s to the crux of the ethics, and keeping it Illinois and the column above’s own points at hand, until it’s legislatively forbidden outside an ethical requirement, my hope is this would end on its own, but fear it might not without further actions.

    I don’t think it’s good by its appearance or even the intent of it here, but there needs to be a line drawn, unequivocal or undeniable to these type of acts., stopping it might need far more red lights then guard rails.

    Doesn’t mean I agree with this choice, but there needs to be that line brighter and harsher. Now.


  15. - hisgirlfriday - Monday, Sep 18, 23 @ 1:38 pm:

    I do not buy into the distinction between judicial speeches after election vs. before but to the extent it does matter this feels like selective outrage.

    Lisa Holder White was not an announced candidate when she appeared in May at the Peoria-Tazewell Lincoln Day GOP fundraiser where Ron DeSantis also appeared.

    Her campaign announcement was not until June.

    But that was A-OK with the GOP.


  16. - Rich Miller - Monday, Sep 18, 23 @ 9:04 pm:

    ===Her campaign announcement was not until June.===

    She’s on the ballot next year. There is a difference.


Sorry, comments for this post are now closed.


* Afternoon roundup
* Since my name was used in the debate...
* Question of the day
* Rockford’s new permanent casino posts big numbers
* Today's quotable
* End of an era
* Astonishing results from Illinois Supreme Court commision study on lawyer bullying
* The Importance Of Energy Storage
* Open thread
* SUBSCRIBERS ONLY - Supplement to today’s edition
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Live coverage
* Selected press releases (Live updates)
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............


Loading


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
October 2024
September 2024
August 2024
July 2024
June 2024
May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0




Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller