Justice
Mary Ann McMorrow, the first woman to serve on the Illinois Supreme
Court, announced Wednesday she will step down from the panel,
clearing the way for the appointment of Appellate Judge Anne M.
Burke, wife of Chicago Ald. Edward Burke.
McMorrow
recommended to her colleagues as her successor one of the state
courts' most highly recognizable jurists, a judge well-known for
her work on behalf of children in Illinois and nationwide.
Noting
the importance of earning the "positions of trust" that judges
hold, McMorrow predicted in a written statement that Burke would
"serve with distinction" as the newest member of the high court.
The
recommendation by McMorrow and subsequent appointment by the full
court means Burke will take over the panel's open Cook County
seat this summer and will have the right to serve until the panel's
next election in 2008. Burke could run for a 10-year term of office
at that time.
McMorrow's
selection of Burke highlights the political process used to select
jurists in Illinois. Ald. Burke was among the key members of the
Cook County Democratic Central Committee who chose McMorrow as
their candidate in the 1992 Democratic primary. Fourteen years
later, the alderman's wife was handpicked by McMorrow to succeed
her.
Judge
Burke's appointment raised some concerns about political clout
in the selection process, by which McMorrow got to select her
replacement and the full court then discussed it, and approved
it, behind closed doors.
But
many people familiar with her life's work lauded the choice of
Burke, 62, who has served on the Appellate Court since her appointment
in 1995 and election in 1996. Burke said she was "almost speechless"
after hearing the news Wednesday, even though she had recently
received a telephone call from McMorrow to gauge her interest
in a seat on the bench.
She
dismissed concerns that being married to a powerful Democratic
Chicago alderman helped her get the post on the high court.
"I
was also elected in 1996, don't forget, so the people voted for
me as well," she said. "I think my own career as a justice and
the other things that I've done, I don't think anybody can say
I've been biased or unfair. I feel I've been honest both in my
personal life and on the court ... I can't imagine anybody saying
that at this late stage."
Burke
has been in public service since 1987, when Gov. Jim Thompson
appointed her to the Court of Claims. She was appointed again
to the court in 1991 by another Republican, Gov. Jim Edgar, who
later named her to serve as his special counsel for child welfare
services in 1994. The following year, she was appointed to the
Appellate Court, even though she had not served as a trial court
judge.
Her
lack of experience was cause for concern among some lawyers when
she ran for election in 1996. The Chicago Council of Lawyers praised
her "excellent temperament," her "impressive" list of civic activities
and her commitment to the public interest, but said she did not
have "sufficient experience" to be an Appellate Court judge. The
group rated her "not qualified" to keep the job.
However,
other respected bar groups disagreed. The Chicago Bar Association
and the Illinois State Bar Association each gave her its highest
rating.
Since
then, Burke has won accolades for her work on a national watchdog
board of laypeople concerned with addressing the problem of sex
abuse by Roman Catholic priests. The Burkes also have been in
the public eye for their struggle to become legal guardians of
a foster child born with cocaine in his system.
Some
lawyers say Burke's personal history is a strong recommendation.
"This
is an individual who is a very caring person, very compassionate
and has a lot of integrity and is conscientious," said Chicago
Bar Association President Michael Hyman, a Chicago attorney. "She's
a judge I always welcome to appear before and fellow lawyers feel
the same way."
Ald.
Patrick O'Connor (40th), a Democratic committeeman and attorney,
said: "I think people really view her as a professional in her
own right. The fact she is married to Ald. Ed Burke is not something
that should [affect] her getting a job she is eminently qualified
for."
Howard
Brookins Jr., alderman and Democratic committeeman of the 21st
Ward, said he thinks African-Americans may choose to support a
black or other minority candidate when the seat on the court comes
up at the next election, but that he doesn't object to Burke's
serving until then.
"I
think she is a fine lady," Brookins said. "Clearly she understands
politics. I suspect when it comes time to appointing judges to
the bench that she will be more sensitive to African-American
and minority community concerns."
But
critics were concerned about how Burke got the job- and how it
might affect public faith in other selections while she is on
the high court.
Carrie
K. Huff, president of the Chicago Council of Lawyers, said the
group disapproves of the behind-the-scenes way in which Burke
was appointed.
"Justice
McMorrow's replacement will be a member of this state's highest
court for nearly 2½ years before Illinois voters have an opportunity
to express their views on the merits of her candidacy," Huff said.
"We believe that potential interim appointees to the Supreme Court
should be subjected to public scrutiny and comment before the
appointment is made, not after."
Because
Burke will soon have the power to nominate candidates to fill
vacancies on lower courts, Huff said, the new justice should convene
a special commission to screen and recommend judges for those
jobs.
But
there is no shortage of politics in Illinois' public election
of judges, either, as McMorrow, 76, learned long ago. She once
ran unsuccessfully for the court as an independent Democrat. She
didn't win until 1992, after the party slated her, with the loyal
backing of Ed Burke.
Her
retirement comes more than 50 years after she first entered the
practice of law and three decades since she was elected to serve
as a Cook County circuit judge.
McMorrow
authored more than 300 opinions during her tenure on the Supreme
Court, most speaking for the majority.
One
of the most legally and politically significant of her works was
the 1997 opinion she penned in Best vs. Taylor Machine Works,
which threw out the state's tort reform law on the grounds that
it benefited special interests by discriminating against the most
badly injured plaintiffs in negligence cases.
Colleagues
praised her on Wednesday as a learned and dignified jurist.
"Her
personal decency, along with the erudite opinions she has authored
over the years, serve as her legacy as the first woman on the
Illinois Supreme Court," said Justice Charles E. Freeman, the
only current high court justice who has served longer than McMorrow.
Tribune
staff reporters Gary Washburn and Robert Becker contributed to
this report
Copyright
© 2006, Chicago
Tribune
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HOW
JUSTICES ARE CHOSEN
State
Supreme Court justices are elected by the voters of each state
judicial district.
When
a court vacancy occurs before the end of a justice's term, a replacement
is chosen to fill the seat until the next election cycle. Since
McMorrow is retiring after the state primary has taken place,
an election for her seat won't take place until 2008.
Replacement
recommendations usually are made in conference among the justices.
Four justices must approve the replacement. In this case, McMorrow
recommended her replacement.
At the next election cycle the vacant seat is open to other candidates.
- Sitting justices who wish to remain on the court must run for
retention every 10 years and must receive at least 60 percent
support.
If
a justice does not receive 60 percent support, a replacement is
named to fill the vacancy until the next election cycle.
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THE
JUSTICES
Robert
Thomas, 53
CHIEF JUSTICE
On court since 2000
The former Bears kicker became the court's chief justice last
year.
Charles
Freeman, 72
On court since 1990
The first African-American to serve on the court was chief justice
from 1997-2000.
Mary
Ann McMorrow, 76
On court since 1992
The first woman to serve on the court and its first female chief
justice, from 2002-05.
Thomas
Fitzgerald, 64
On court since 2000
He was formerly presiding judge of the Criminal Division of the
Cook County Circuit Court.
Thomas
Kilbride, 52
On court since 2000
A former lawyer, he is the only sitting justice who was not a
judge before being elected.
Rita
Garman, 62
On court since 2001
She was appointed to fill a vacancy after the retirement of Justice
Ben Miller and was elected in 2002.
Lloyd
Karmeier, 66
On court since 2004
He worked as an attorney from 1964-86 and as a judge from 1986-2004
before being elected to the court.
Source:
Supreme Court of Illinois