Low-profile election is one of most significant on the ballot

SHARE Low-profile election is one of most significant on the ballot
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Illinois Supreme Court Justice Anne Burke delivering a speech to the Survivors Network of those Abused by Priests (SNAP) annual conference at McCormick Place. Saturday, August 2, 2014 | Brian Jackson/Sun-Times

One of the most significant votes you’ll be casting this election season is for someone running to serve again on the Illinois Supreme Court. It’s a safe bet you’ve heard nothing about it.

It’s the lowest-profile election for one of the highest offices in Illinois.

Supreme Court Justice Anne M. Burke is running to be retained for a 10-year term from the First District, which covers all of Cook County.

OPINION

During another term, it’s possible Burke, a Chicago Democrat, could very well rule on constitutional cases involving a change from a flat income tax system to graduated income taxes that would set different rates for different income brackets. The Illinois Supreme Court has a 4-3 Democratic majority, and she and other justices also could be asked to rule on other important topics like redistricting reform, pension changes and term limits, to name a few.

Burke is facing a retention vote along with one appellate judge and 59 Circuit Court judges in Cook County. Each one of those judges will need 60 percent of the people casting ballots to vote “yes” in order to win another term.

Burke first was appointed to the Illinois Supreme Court in 2006 and won her first 10-year term in 2008. She’s one of three women serving on a panel of seven justices, along with Rita Garman and Mary Jane Theis. Three of the justices come from the First District, which is Cook County, while one each is elected from four other districts to the state’s highest court.

Burke is the only justice up for retention this year and none ever has lost a retention vote, said Matt Dietrich, public information officer for the Illinois State Board of Elections. In fact, the failure of any judge to be retained in Illinois is rare, he said.

The court’s current chief justice, Lloyd Karmeier, came close in 2016. He won by less than 3,000 votes after a group of lawyers launched a late advertising blitz against him. They claimed he got donations from corporations in his first run for the high court and then ruled for them later, a charge he denied and one that never was proven, according to an Illinois Public Radio report. Judges typically don’t talk much about their views on the issues they might have to rule on, making evaluating them more difficult.

The Illinois State Bar Association recommends a “yes” vote for Burke, saying she is well respected for her legal knowledge and ability. The Chicago Bar Association lists her as qualified and the Chicago Council of Lawyers rated her as well-qualified.

Rick Tulsky, co-editor and co-founder of the nonpartisan Injustice Watch, which conducts in-depth reporting on justice and equality issues, noted Burke has spoken in favor of changing the bail system that tends to keep people in custody, not yet found guilty, who cannot afford the funds required to get out. She told Injustice Watch reporters of once seeing a mentally ill woman brought into a hearing once dressed only in underwear and a garbage bag.

The Chicago Council of Lawyers in their evaluations noted, “Her efforts at reform often demonstrate her commitment to eliminating bias in the judicial system.”

Space limitations make it impossible to share what the various bar associations and Injustice Watch have to say about all the judges you’ll see on your ballot this fall. Going to their websites to do your homework is the best approach to our frustrating system of electing and retaining judges.

State Rep. Kelly Cassidy, a Chicago Democrat, said she and state Sen. Bill Cunningham, also a Chicago Democrat, tried unsuccessfully a few years back to change the way judges are retained. Her amendment would have created judicial retention commissions — made up of both lawyers and non-lawyers — to evaluate those seeking retention. His amendment would have had lawyers from the state’s Attorney Registration and Disciplinary Commission certify whether judicial candidates are qualified.

“Judicial election reform is incredibly complicated,” Cassidy said. “There are a lot of folks who agree we need to do something different, but little to no agreement on what that looks like.”

For now, when it comes to Burke and all the other judges up for election, your best bet remains making the time to read a variety of bar ratings and the Injustice Watch summary to help guide your judging of the judges.

Madeleine Doubek is vice president of policy for the Better Government Association.

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