From the Chicago Daily Law Bulletin
Two proposed constitutional amendments in the Illinois General Assembly seek to change the way judges earn or retain their jobs.
One proposal, filed by Rep. Kelly Cassidy, D-Chicago, would create “judicial retention commissions” that would grant certain judges new terms without voter approval.
A separate measure, introduced by Sen. Bill Cunningham, D-Chicago, would raise the retention success bar from 60 percent to 66.6 percent of the vote.
Cassidy, a former director of programs and development for the Cook County state’s attorney’s office, said her amendment only affects seated judges and would improve their accountability to voters.
“What it changes is what we call the ‘bedsheet ballot,’” Cassidy said.
That term refers to the many names that Cook County voters often see on Election Day. In November, it included 58 judge retention questions.
Under the state constitution ratified in 1970, judicial candidates in primary and general elections declare a party affiliation when running for the first time.
In every subsequent term, judges go up for retention — a yes-or-no vote without party labels.
Judges who receive 60 percent of “yes” votes keep their jobs.
And in Cook County, they almost always do.
No Cook County judge has lost a retention vote since 1990.
“It makes a mockery of what we call elections,” Cook County Clerk David Orr said.
Cassidy’s proposal, House Joint Resolution Constitutional Amendment 10, would create 11-member commissions in the state’s five appellate districts and in each judicial circuit.
The appellate commissions would review appellate and Supreme Court justices up for retention, while the circuit commissions would screen trial court judges.
Multiple panels would be created in an area if more than 40 judges face retention in one election.
Six of the panel members would be non-lawyers — two appointed by the governor, two by a statewide officeholder from the opposing party and a Democrat and Republican picked by county officials.
The five lawyer members would be selected through a secret ballot of registered attorneys in the commission’s jurisdiction.
Judges who earn approval from at least seven commission members automatically get a new term. Those who do not must win approval from voters at the polls.
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