Illinois Supreme Court's latest resign-and-replacement shuffle has gone largely unscathed, sparking concerns that the system is more of a tradition than a transparent process. When Chief Justice Thomas Fitzgerald retired in 2010, Justice Mary Jane Theis was appointed to replace him and later ran as an incumbent in the following election cycle. When she decided to step down, she selected Appellate Court Justice Sanjay Tailor to fill her seat until the 2028 election.
This type of resign-and-replacement move is common at the Illinois Supreme Court, with eight justices being appointed before an election since the 21st century began. While Theis's successor seems qualified, critics argue that the system lacks transparency and accountability. Under the current process, retiring justices have the authority to select their replacements, which can be seen as a privilege rather than a responsibility.
Despite the lack of controversy surrounding Tailor's appointment, experts point out that the Illinois Constitution allows the General Assembly to establish a more formal replacement procedure if it chooses to do so. However, legislators seem reluctant to interfere with the judicial branch's patronage powers, fearing repercussions from the court.
The system's opacity has been criticized for lacking the same level of scrutiny as other government branches. The media's lack of coverage on these resign-and-replacement shuffles may contribute to this lack of transparency. With the judicial branch wielding significant power and influence without guaranteed accountability, concerns about its handling of succession arrangements remain.
Some notable examples of justices who were appointed through open seat elections include Mary Kay O'Brien, Elizabeth Rochford, and Bob Thomas. Conversely, the appointees have also been seen as qualified, with examples like Rita Garman and Anne Burke serving on the court before winning election. However, critics argue that this system is not necessarily better than a more formal replacement process.
Ultimately, the Illinois Supreme Court's resign-and-replacement scheme requires greater transparency to ensure accountability and build trust in the institution.
This type of resign-and-replacement move is common at the Illinois Supreme Court, with eight justices being appointed before an election since the 21st century began. While Theis's successor seems qualified, critics argue that the system lacks transparency and accountability. Under the current process, retiring justices have the authority to select their replacements, which can be seen as a privilege rather than a responsibility.
Despite the lack of controversy surrounding Tailor's appointment, experts point out that the Illinois Constitution allows the General Assembly to establish a more formal replacement procedure if it chooses to do so. However, legislators seem reluctant to interfere with the judicial branch's patronage powers, fearing repercussions from the court.
The system's opacity has been criticized for lacking the same level of scrutiny as other government branches. The media's lack of coverage on these resign-and-replacement shuffles may contribute to this lack of transparency. With the judicial branch wielding significant power and influence without guaranteed accountability, concerns about its handling of succession arrangements remain.
Some notable examples of justices who were appointed through open seat elections include Mary Kay O'Brien, Elizabeth Rochford, and Bob Thomas. Conversely, the appointees have also been seen as qualified, with examples like Rita Garman and Anne Burke serving on the court before winning election. However, critics argue that this system is not necessarily better than a more formal replacement process.
Ultimately, the Illinois Supreme Court's resign-and-replacement scheme requires greater transparency to ensure accountability and build trust in the institution.