Burke Moves to Big Bench
By Abdon M. Pallasch
Chicago Sun-Times, Legal Affairs Reporter


6 April 2006

Mary Ann McMorrow, the first woman to serve on the Supreme Court of Illinois, announced her retirement Wednesday and startled some legal observers by announcing that she and her colleagues have voted to replace her with state Appellate Justice Anne Burke.

Burke is the wife of Chicago City Council Finance Chairman Ald. Edward Burke (14th). She recently earned a national reputation that arguably outstripped her husband's as interim chairman of the National Review Board, a lay organization appointed by the U.S. Catholic bishops to oversee their handling of priest sex-abuse cases.

McMorrow -- a trailblazer who was the only woman in her class at Loyola University School of Law in 1953 -- pushed open doors for women in the law, prosecuting felony cases, running for judge with and without party backing, and becoming chief justice of the state Supreme Court.

"I thought it was important to have a women to replace me," McMorrow said.

A clear path for Burke

She and her six fellow Supreme Court justices unanimously approved Burke, who will take office July 6 and serve 2-1/2 years. Burke will have to run in the 2008 election to win the seat permanently.

Praise flowed for both McMorrow and Burke from bar associations, fellow justices and even good government groups, though some of those civic groups -- as they did 10 years ago -- questioned the manner in which Burke took office.

Burke's husband chairs the Democratic Party's subcommittee on slating candidates for judge. He was widely credited with orchestrating a clear path for his wife to win a seat on the appellate court unopposed.

In 1996, Michael Casey and Michael McCafferty filed to run for appellate court against Anne Burke, giving her race the appearance of a crowded field. Would-be competitors migrated to other races. After the filing deadline, Casey and McCafferty pulled out, allowing Burke to win by default.

Casey and McCafferty were partners in the law firm of former Ald. Edward Vrdolyak, a friend of the Burkes.

This time around, the Chicago Council of Lawyers said Wednesday they were concerned with the surprise nature of Burke's appointment before those who may have wanted to apply even knew there was an opening.

Lawyers council disapproves

"The Chicago Council of Lawyers would have strongly preferred a more open selection process for such an important interim appointment," said council president Carrie Huff. "Potential interim appointments to the Supreme Court should be subjected to public scrutiny and comment before the appointment is made, not after."

Ten years ago, the council found Burke "not qualified" because it said she had insufficient experience. But every other bar group rated her well, and the Illinois State Bar Association found her "exceptionally well-qualified."

McMorrow got to know Burke when Burke volunteered for McMorrow's first unsuccessful campaign for Supreme Court in 1990. Two years after being elected to the high court in 1992, McMorrow appointed Burke to the appellate court. Burke had to run for the seat in 1996.

"Justice Burke is a very personable, able jurist and I'm certain she is going to do well on the court," said Cindi Canary, executive director of the Illinois Campaign for Political Reform. "I guess we would ultimately like to see a kind of open and standardized process for the appointment of judges."

Copyright © 2006, The Sun-Times Company