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*** UPDATED x2 *** Report: Kilbride to be new chief justice

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*** UPDATE 2 *** From a reporter friend…

If Kilbride was thinking politically shrewdly, he’d have declined the offer for at least
two months.

All these national groups deciding whether to pour money into a race to dump him, now Murnane can offer them a bigger scalp, not just a justice but a chief justice. He did not do himself any favors.

Very good point.

*** UPDATE 1 *** From Chief Justice Kilbride’s campaign…

The Illinois Supreme Court announced today that the Court’s Justices unanimously elected Tom Kilbride as the Court’s next Chief Justice.

Tom will replace Chief Justice Thomas Fitzgerald, who is retiring due to health reasons. Chief Justice Fitzgerald is widely respected for his superlative legal ability, grace and dignity. His long and distinguished career is an inspiration for judges and lawyers everywhere. His retirement is a loss for the citizens of Illinois.

Tom is honored to have the unanimous, bipartisan support of his colleagues on the Illinois Supreme Court to serve as the state’s next Chief Justice.

Across the 3rd Judicial District, Tom enjoys broad-based bipartisan support in his race for retention. Prosecutors, police and other law enforcement officers support his retention, as do retired judges of both parties and many former presidents of the Illinois State Bar Association. Tom also enjoys support from business and community leaders.

Tom has a strong reputation as a fair and evenhanded judge with common sense. Tom believes the courts should work for everybody – not just the powerful and politically connected. As a judge on the Illinois Supreme Court, Tom has devoted himself to ensuring average people get a fair shake.

[ *** End Of Update *** ]

* An interesting development, to say the least

Supreme Court Justice Tom Kilbride has been selected by his colleagues to be chief justice of the Illinois Supreme Court, Illinois Statehouse News has learned.

The order will come down today naming the 10-year veteran of the high court to be its leader for a three-year term beginning Oct. 26, a source familiar with the situation said late Wednesday.

Expect the elevation to be a done deal by later this morning.

Kilbride is up for retention this year, and has been targeted for defeat by the Illinois Civil Justice League, among others. He’ll need 60 percent to retain his office, and in this environment anything could happen.

The Supremes have shown many times before that they are not above politics. Giving Kilbride a late boost is pretty darned blatant.

Thoughts?

…Adding… It seems Kilbride has the seniority to get the position

Unlike the U.S. Supreme Court, Illinois justices rotate who serves as chief, serving three-year terms at a time. Justice Thomas Kilbride of Rock Island has the most seniority on the panel among those who haven’t yet served in the top spot.

That doesn’t mean Kilbride will be the next chief justice of the Illinois Supreme Court. The justices have no official guidelines directing who becomes chief justice. They vote privately among themselves.

Kilbride’s seniority could put him as a frontrunner. Or, justices could choose someone who’s already served as chief justice to finish Fitzgerald’s term, among other options.

Kilbride is also in the midst of what could be a tough campaign to stay on the court. Every 10 years, Illinois judges face a retention election. To keep their jobs on the court, 60 percent of voters in their districts have to vote “yes.”

So, not as blatant as I initially thought, but still quite advantageous.

posted by Rich Miller
Thursday, Sep 16, 10 @ 9:37 am

Comments

  1. One small part of the problem with the Illinois courts is that the Chief Justice is picked by seniority. The position has substantial administrative responsibility over the Illinois court system. The Chief Justice has the authority to make significant reforms to court administration — or frustrate them. He or she also has an important platform to address judicial issues.

    In the early 1990’s, for example, Chief Justice Ben Miller appointed a statewide commission to propose judicial reforms after Operation Greylord. They did an excellent job, producing a thorough report with specific proposals. It was released about the time Chief Justice Miller’s term ended, and Michael Bilandic became Chief Justice.

    That ended those reforms.

    Comment by Anonymous Thursday, Sep 16, 10 @ 9:47 am

  2. The Supremes are a politial elected body, and part of our three way political system of checks and balances.

    talking about them as “playing politics” is a it off the mark. To me this is like the people who complain about “pork barrel” spending, as if the phrase conotates that what is happening is somehow bad or improper.

    it is a politicaly elected office and required to participate in the politicial election system. Nothing scandalous, just noral poliical news and maneuvering.

    Comment by Ghost Thursday, Sep 16, 10 @ 9:52 am

  3. Just another reason for the merit selection of judges in IL.

    Comment by Whatever Thursday, Sep 16, 10 @ 9:53 am

  4. I don’t know if being Cheif in this invironment helps his cause. Seems like an anti-establishment year, could hurt him a little or it might not make a difference.

    Comment by Ahoy Thursday, Sep 16, 10 @ 9:55 am

  5. If David Orr could serve as the Mayor of Chicago for less than two weeks, Thomas Kilbride can be the Chief Justice of the Illinois Supreme Court for four months or less. This may backfire with some voters.

    Comment by Honest Abe Thursday, Sep 16, 10 @ 9:55 am

  6. Believe it or not, I maintain these recent events are not politically motivated.
    Justice Fitzgerald is stepping down due to an illness. He announced it on the first day of the court’s session so a replacement could be promptly named.
    The Illinois Supremes tend to go with seniority in electing the CJ.
    Justices Freeman and Thomas have already served as CJ.
    Justice Theis is brand new and Justice Burke has little seniority.
    Congratulations, Justice Kilbride.
    Murnane’s hypersensitive banter weakens his group’s position.
    I do not believe that this will backfire with voters in the slightest.

    Comment by Jake from Elwood Thursday, Sep 16, 10 @ 10:16 am

  7. They also tend to rotate the Chief Justice provision between the most senior justice from Cook County who hasn’t served as chief and the most senior justice from the rest of the state who hasn’t served.

    Comment by Anonymous Thursday, Sep 16, 10 @ 10:32 am

  8. The Supremes can act quickly when they want to. Not like that special election lawsuit.

    Comment by wordslinger Thursday, Sep 16, 10 @ 10:43 am

  9. Jake has it right, sometimes there IS no conspiracy. Fitzgerald wouldn’t have resigned for an unknowable political advantage.

    Comment by in the know Thursday, Sep 16, 10 @ 10:44 am

  10. I thought it was pretty well known that the Chief Justice position is based on seniority and rotates between the downstate and Chicago justices.

    About a year ago I heard Ed Murnane, Kilbride’s biggest critic, say that Kilbride would be the next Chief Justice. I thought that was part of the reason he wants to unseat Kilbride.

    Comment by ugh Thursday, Sep 16, 10 @ 10:44 am

  11. In this region, we are very proud of Justice Kilbride and wish him well with his new responsibilties.

    Comment by NW Thursday, Sep 16, 10 @ 11:50 am

  12. Ed Murnane has spent a lot of money over the years raising the cost of judicial elections, without much affecting the outcomes. If he’d spent the time and money on merit selection, it might have had a chance. He likely would have obtained a higher-quality, more consistent judiciary — which would have benefitted the business community (and others, too).

    Comment by Anonymous Thursday, Sep 16, 10 @ 11:53 am

  13. Anonymous, former justice Maag might beg to differ as would Justice Karmeier

    Comment by in the know Thursday, Sep 16, 10 @ 12:33 pm

  14. Anonymous, are you forgetting the 2004 race? It was the most expensive judicial race in the nation. The “Judicial Hellhole” campaign was brilliant.

    Comment by eastsider Thursday, Sep 16, 10 @ 12:40 pm

  15. Although there are no formal rules governing selection of the chief justice, the custom since 1964, when the new the Judicial Article took effect, has been to give the spot to the most senior justice who has not yet taken a turn as chief. Political affiliation plays no role in the selection process. While it is sometimes thought that geography is considered (with the spot alternating between Chicago and non-Chicago justices)this is a misperception. Seniority alone has determined the selection of every chief justice since 1964 with the exception of Justice Thomas, who because of the way lots were drawn, was technically less senior than Justice Fitzgerald even though they joined the court at the same time.

    Comment by Anonymous Thursday, Sep 16, 10 @ 1:46 pm

  16. Kilbride was elected to the Supreme Court by Mike Madigan and the Illinois trial lawyers. Now he claims he’s ‘above’ politics. Spare me.

    Comment by Xgman Thursday, Sep 16, 10 @ 1:49 pm

  17. Your right, that I wasn’t precise enough. While Murnane’s efforts have affected a couple of races, they haven’t really changed the direction or quality of the court — even on the pet issue of tort reform.

    Comment by Anonymous Thursday, Sep 16, 10 @ 1:59 pm

  18. (Oops. I hit send before I fixed the typos.)

    Comment by Anonymous Thursday, Sep 16, 10 @ 2:00 pm

  19. I have little regard for hypocrites like Mr. Murnane who cry out about the politicalization of the court system even as they are trying to seize control of the courts for their own political ends. I hope that on November 2 the voters of the 3rd District tell Mr. Murnane and his cronies to crawl back into their political cave by rataining Cheif Justice Kilbride.

    Comment by fedup dem Thursday, Sep 16, 10 @ 2:14 pm

  20. Merit selection of judges? Let me get this right… we have a bunch of political insiders, connected interests and politicians who are corrupting the court. So the solution is to REMOVE THE VOTERS FROM THE SYSTEM?

    Genius.

    Pure genius.

    Why don’t we have merit selection of all political offices while we’re at it…

    Or better yet, we could just repeal the Declaration of Independence…

    Comment by John Bambenek Thursday, Sep 16, 10 @ 2:17 pm

  21. I love you Rich, but you shot from the hip on this one and missed by a mile.

    Comment by anon Thursday, Sep 16, 10 @ 2:31 pm

  22. The fact that Kilbride’s selection as chief was unanimous, including Murnane’s Republican Supreme Court justice allies, makes a statement, political and otherwise. The success of Murnane’s attempt to prevent Kilbride’s retention just diminished significantly. Imagine Kilbride’s literature talking about how he’s the “Chief Justice” who was “unanimously” elected by his Democratic AND Republican colleagues so how could he be so bad as to not be retained? Kilbride’s an excellent justice and Murnane’s attempts to deny his retention will be a waste of his an dhis allies’ resources, time and credibility. If successful, they will open up a can of worms they will surely end up regretting when the interest groups and political parties make every judicial retention race, for circuit, appellate, and supreme court, an expensive, divisive, and exhausting political battle.

    Comment by Congrats Thursday, Sep 16, 10 @ 3:49 pm

  23. These selections are almost always unanimous, as they are done by seniority. This is one way in which the Supreme Court is non-partisan. It’s possible C.J.Fitzgerald timed his resignation to help C.J. Kibride, but it seems unlikely.

    It will help in the retention ads, though.

    Comment by Anonymous Thursday, Sep 16, 10 @ 4:02 pm

  24. One need only look to the Wisc. Supreme Court to see the result of the Murnane-type politicalization of judicial campaigns. There they are viciously split on partisan basis w/ campaigns that have sunk to a level below the 5th dist. instigated by Murnane’s side of the fence. There would not be a unanimous vote on the time of day.

    Comment by D.P. Gumby Thursday, Sep 16, 10 @ 5:38 pm

  25. Justice Killbride is a very pleasant man by all accounts. He lost me as a supporter when he delivered the opinion in “Caballes vs. Illinois” which was later overturned by the U.S. Supreme Court. Killbride has written some really lousy opinions that were later reversed when he served bothe in the Third Appellate and the Ill Supremes.

    Comment by freezeup Thursday, Sep 16, 10 @ 9:32 pm

  26. freezeup, your opinion would carry more weight if yoo could spell the man’s name.

    Comment by Anonymous Thursday, Sep 16, 10 @ 10:05 pm

  27. Instant karma — “you” lol.

    Comment by Anonymous Thursday, Sep 16, 10 @ 10:06 pm

  28. You’d also have a bit of credibility if Kilbride had actually served on the appellate court.

    Comment by You freezeup Thursday, Sep 23, 10 @ 2:33 pm

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