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Judicial Election Reform: Is It Time for an Illinois Performance
Commission?
The State
of Illinois elects its judges through partisan elections. Since 1977
Illinois judges have been required to maintain their judgeships
through a retention election every six years. While the highly visible
Illinois Supreme Court campaigns have warranted substantial attention,
the process of electing trial judges has led to increasing levels of
judicial campaign fundraising and thousands of hours of volunteer
lawyer time used to conduct evaluations of judges seeking retention
and judicial candidates seeking to be elected to fill judicial
vacancies. Moreover, the public has seemingly lost faith and interest
in the judicial election process. Sometimes fewer than 50% of voters
cast their ballot for judges as opposed to the political offices that
appear higher up on the November general election ballot.
It is
time to change the way judges are retained in Illinois. Chicago
Appleseed Fund for Justice (Chicago Appleseed) and the Chicago Council
of Lawyers (Council) are working with the League of Women Voters of
Illinois to design, author, and seek passage of legislation that will
create an Illinois Performance Commission that will oversee the
judicial retention process in Illinois. Chicago Appleseed and the
Council have assembled a planning committee, including Professor Ralph
Brill, retired Circuit Court Judge Shelvin Singer, and attorneys Margo
Alpert, Michelle Jordan, Ed Malone, and David Melton. Executive
Director Malcolm Rich staffs the committee.
Chicago
Appleseed in April 2003 released a report funded by the Joyce
Foundation detailing the results of our comprehensive research effort
regarding judicial elections in Cook County. The report identified an
emerging political culture surrounding the election of judges. In this
report we detailed the importance of reforms aimed at “leveling the
playing field” – providing information to voters that they would deem
credible and implementing a more effective means of delivering that
information.
In 2004
and again in 2006, Chicago Appleseed sought to accomplish this with
the use of our
www.voteforjudges.org
voter education campaign. Through this effort we concluded two things:
First, voters will utilize judicial voter information if provided in a
user-friendly way. In the 2006 general election,
www.voteforjudges.org
received 900,503 hits and there were 108,973 pages downloaded. Since
2004, when the website was launched, there have been nearly 3 million
hits.
We
received numerous messages of gratitude from voters for providing
comprehensive information about judges. However, based on the feedback
we received from this effort, many prospective judicial voters are
demanding a better, easier process to help them decide how to vote.
We
believe that the use of a Judicial Performance Commission for both
appellate and trial court judges will provide information about judges
seeking retention that voters will find more credible, thereby
allowing voter education vehicles to be more effective. The
Performance Commission concept also provides the option of utilizing a
merit retention approach that will allow voters to focus on whether
they want to retain judges that have been labeled as unqualified for
retention by professionally conducted research overseen by the
Performance Commission.
The
Performance Commission concept exists in at least five states, using a
variety of approaches. In general, commissions are appointed to
oversee the comprehensive and objective evaluation of judges seeking
retention. In Colorado, for example, for each judge, more than 200
persons are surveyed, including jurors, litigants, court personnel,
probation officers, social service and law enforcement personnel,
crime victims, and lawyers who appear before the judge. Resulting
information, including a recommendation as to whether the judge should
be retained is distributed widely through voter information guides.
The
judicial election system in Illinois is in need of change and a
judicial performance commission is the place to begin.
Any
questions should be directed to Executive Director Malcolm Rich at
malcolmrich@chicagoappleseed.org
or 312-988-6552.
Chicago
Council of Lawyers Releases Evaluation of
United States
Magistrate Judges Sitting in
Chicago
The Chicago Council of
Lawyers has released its evaluation of nine United States Magistrate
Judges sitting in
Chicago. This evaluation
is a third in a series of federal judicial evaluations conducted by
the Council. The Council released its evaluation of sitting federal
district judges in
Chicago in 2006, followed by the 2007
release of its evaluation of sitting federal district judges in
Chicago who were on senior
status.
The evaluation is the product of a non-partisan process overseen by a
group of over 30 lawyers, and incorporates views expressed by over 475
active federal court lawyers in
Chicago. The Council
utilized written questionnaires and personal interviews in developing
an evaluation report for each judge.
On the whole, these magistrate judges in
Chicago are held in high
regard by the lawyers who appear before them. Malcolm Rich, Executive
Director of the Council, stated, "By shining rare public light on the
characteristics of the most highly regarded magistrate judges, the
Council hopes that such characteristics will become the benchmarks for
future magistrate judge appointments and will inform the federal
judicial selection process."
Read
the press release here.
Download the evaluations here.
Legal Services Directory of Free and Low
Cost Legal Services Now Available Online
The
Legal Services Directory of Free and
Low Cost Legal Services is a comprehensive listing of civil
and criminal legal assistance agencies in the Chicagoland area that
serve mainly low-income persons, persons with disabilities and senior
citizens. The Chicago Appleseed Fund for Justice, with the assistance
of the Chicago Council of Lawyers, has compiled and distributed this
information every year since 1974. Designed for low- to no income
persons, this community publication is a valuable resource for those
who need legal services, but do not have the means to pay for advice
or representation. In the past, the
Legal Services Directory of Free and
Low Cost Legal Services was available in public libraries,
through community service organizations and by purchase. Now, it is
available free-of-charge
here.
Organizations are listed alphabetically and
cross-referenced by the services they offer for easy use. This makes
information easy to find, whether readers are looking for a service
provider by name or by subject matter. Hard copies of the
Legal Services Directory of Free and
Low Cost Legal Services are available for purchase through
the Chicago Council of Lawyers office. Call 312-988-6565 or
click here
to order your copy.
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