Capitol Fax.com - Your Illinois News Radar » Question of the day
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
CapitolFax.com
To subscribe to Capitol Fax, click here.
Question of the day

Friday, Aug 2, 2024 - Posted by Rich Miller

* Sun-Times

Eileen O’Neill Burke, the Democratic nominee for Cook County state’s attorney in November, has taken campaign contributions from at least a dozen judges, records show, though many preside over or one day could hear cases involving the prosecutor’s office.

Though some jurisdictions ban or limit judges or judicial candidates from giving money to candidates or political groups out of ethical concerns, Illinois Supreme Court rules allow judges and judicial hopefuls to attend political get-togethers, “identify as a member of a political party” and “contribute to a political organization.” […]

Burke’s campaign spokeswoman forwarded a written comment from former Illinois Supreme Court Justice Thomas Kilbride that says: “Judges, like all citizens, care about the administration of justice. The judicial canons serve to ensure everyone before a court gets a fair hearing. They are not designed to muzzle a judge’s concern for their community. I have no concern that any judge who donated to Eileen O’Neill Burke’s campaign would ever let anything other than the facts or the law affect their judgment in any case.”

Northwestern University law professor Steven Lubet, who focuses on judicial ethics, has a different view: “In a system where the judges absolutely prized the appearance of impartiality, they would not be making contributions in the state’s attorney’s race.”

* The Question: Should Illinois ban these types of contributions or just leave it the way it is? Explain.

       

17 Comments
  1. - Keyrock - Friday, Aug 2, 24 @ 1:05 pm:

    Of course they should be banned. But conflicts are an inherent part of our elective system.

    An even better idea is for judges to be appointed by the Governor from a list chosen by a screening panel. No system is perfect, but we’d see a sharp increase in the quality of our bench if we ever could move to a merit selection system.


  2. - Snitchy the Tattler - Friday, Aug 2, 24 @ 1:09 pm:

    The Code of Judicial conduct already does ban these contributions. Judges are already prohibited from endorsing or supporting other non-judicial candidates, and sitting judges aren’t supposed to support or endorse any candidates at all, regardless whether they are judicial or non-judicial candidates. But it has been happening so often for so long that the rule is abrogated in practice. At this point it wouldn’t be fair to single out any particular judges for doing something that has been so widely ignored so regularly for so long.


  3. - Excitable Boy - Friday, Aug 2, 24 @ 1:13 pm:

    Yes they should be banned, or these judges should be barred from presiding over cases involving the prosecutors office.

    I have less of a concern with party affiliation in general, it’s absurd to suggest that any judge doesn’t have political opinions.

    - An even better idea is for judges to be appointed by the Governor from a list chosen by a screening panel. -

    Hard no. We need more democracy, not less.


  4. - Gravitas - Friday, Aug 2, 24 @ 1:15 pm:

    The Chicago City Council has elected its members on a non-partisan basis since 1923. How about elected judges on a non-partisan basis at long last? The only ones opposing the end of partisan judicial elections are the party bosses who want to be paid off to slate judicial candidates.


  5. - thechampaignlife - Friday, Aug 2, 24 @ 1:25 pm:

    ===We need more democracy, not less.===

    Should we elect SCOTUS as well? Would that make those justices more impartial? Honest question, as it is something I have never considered.


  6. - Excitable Boy - Friday, Aug 2, 24 @ 1:29 pm:

    - Should we elect SCOTUS as well? -

    In my opinion, yes. Can anyone say with a straight face that appointed justices have been impartial and above politics?


  7. - Keyrock - Friday, Aug 2, 24 @ 1:43 pm:

    Yes, in states where judges are appointed after a screening panel, they’ve been much less partisan.

    In addition, a screening panel process typically causes a higher quality of attorneys to apply, and screens out some of the folks who become judges solely because of their political connections.


  8. - charles in charge - Friday, Aug 2, 24 @ 1:48 pm:

    Kilbride’s comments epitomize the delusion common among judges that they are above reproach. But obviously they are not, and to suggest otherwise is patently absurd.

    Since judges apparently can’t be trusted to abide by their own Code of Judicial Conduct, my answer is yes, the State should pass a law prohibiting them from contributing to the campaigns of candidates for State’s Attorney.


  9. - Unionman - Friday, Aug 2, 24 @ 1:54 pm:

    Judges are people too. They have a right to support candidates. That being said, I think they should have a dollar value limitation on how much support they can provide.

    To show the Sun-Times trying to make a mountain out of a mole hill, the Sun-Times identified judges who made a $250 donation. A $250 donation is not something that tells me as the State’s Attorney, this judge will rule in my favor. $250 is I am his /her friend from work/school/life and feel want to show my token support but without being a major campaign donor.


  10. - clec dcn - Friday, Aug 2, 24 @ 1:54 pm:

    Ban any contributions it only makes sense. Judges try to judge but money gets in the way of judgement. As to electing SCOTUS, oh the law could change all the time in 180-degree increments. Nobody seriously would consider this action I hope.


  11. - Rich Miller - Friday, Aug 2, 24 @ 2:04 pm:

    ===oh the law could change all the time in 180-degree increments===

    Um, have you been on the moon the past few years?


  12. - Amalia - Friday, Aug 2, 24 @ 2:19 pm:

    i’ve always been confused by this. told a judge could contribute but not endorse. but tell that to the people who say of course I support your candidate but cleverly never give money.


  13. - thechampaignlife - Friday, Aug 2, 24 @ 2:48 pm:

    ===Judges are people too. They have a right to support candidates.===

    They have the right to support candidates, but not the right to be a judge. At a minimum, they need to recuse themselves from cases where they have some sort of relationship to one of the parties or their counsel. That would include donations to the prosecutor’s campaign. And, if that judge regularly presides over cases from that prosecutor’s office, they may so often need to recuse that they are unable to effectively serve.


  14. - Carl LaFong - Friday, Aug 2, 24 @ 4:04 pm:

    Really? A judge who buys a $100 ticket to attend a fundraiser must be in the tank for that candidate?


  15. - Google Is Your Friend - Friday, Aug 2, 24 @ 4:12 pm:

    Reporters/Voters: “If you’re in the justice system, where are your ethics?”

    Eileen O’Neill Burke: “Ethics? We ain’t got no ethics. We don’t need no ethics. I don’t have to show you any stinkin’ ethics!”

    Probably a good idea for Toni Preckwinkle to set aside some money in an interest-bearing account because the misconduct is going through the roof once EOB takes charge.

    But anyway, to the question, if these types of contributions are allowed, then judges should be automatically recused from all cases involving the State’s Attorney’s Office. Seems like a fair place to land.


  16. - Anon - Friday, Aug 2, 24 @ 4:41 pm:

    For those saying these contributions are banned by the Illinois Judicial Code, you’re plainly incorrect. See Rule 4.1(D).


  17. - Rich Miller - Friday, Aug 2, 24 @ 4:44 pm:

    ===See Rule 4.1(D). ===

    Yeah, I meant to post that earlier and got distracted by other work. Thanks.


TrackBack URI

Sorry, comments for this post are now closed.


* Ouch (Updated)
* Isabel’s afternoon roundup
* Illinois Needs Energy Storage Now!
* Caption contest!
* r/movingtoillinois is an interesting read
* It’s just a bill
* Roundup: Madigan corruption trial
* Open thread
* Isabel’s morning briefing
* 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
November 2024
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