ISBA continues push for merit selection of judges

Forty years later, the debate continues on how Illinois should pick its judges.  And yesterday’s comments from a judicial symposium are interchangeable with the comments from the delegates at the 1970 Illinois Constitutional Convention. Legislators, judges, and bar leaders discussed the merits of electing or appointing judges at a judicial symposium Monday co-sponsored by the Illinois State Bar Association. Other sponsors included the Chicago Bar Association, the Cook County Bar Association, the Illinois Association of Defense Trial Counsel and the Women’s Bar Association of Illinois. Everybody agrees with symposium panelist and House Majority Leader Barbara Flynn Currie, who said what Illinois needs is “an independent, impartial, and competent judiciary.” But there was no unanimity on how we get there. ISBA 3^rd Vice President Paula H. Holderman and retired appellate court justice Gino L. DiVito served as panelists and spoke in favor of an appointive system that includes nominating commissions. These bipartisan commissions would recommend to the appointing authority a slate of candidates who would make good judges. (In the ISBA plan, the Supreme Court is the appointing authority.) “The ISBA has been on record for more than three decades as favoring a judicial selection system that promotes the merit and independence of the Illinois judiciary,” Holderman said. “The current system of electing circuit, appellate, and Supreme Court judges puts that judicial independence at risk when judicial candidates are forced to raise campaign funds in a process inherently fraught with potential conflicts of interest.  We need to continue this critical conversation to insure a quality independent and representative judiciary in Illinois.” Ah, but as all the panelists noted, in quoting former Senate President Phillip J. Rock, “who picks the pickers?” Retired appellate court justice William Cousins expanded on this theme by arguing against an appointive system and in favor of direct elections. Cousins argued that elections were the democratic way to ensure diversity on the bench. He argued that Illinois was getting a representative judiciary through elections at a better rate than what he personally observed as an Illinois lawyer and judge in the appointive process. Senator Dale A. Righter (R-Mattoon) expressed reluctance in taking electoral power away from the people by using an appointive system. He noted that his constituents were not unhappy with the current system. Regardless of where you come down, “This is wonderful that we were having this discussion,” DiVito said. “I was impressed that such quality legislators showed up to discuss a topic that hasn’t received the attention it deserves for so many years.”