Litigation

IL Justice: ?We Aren?t Legislators in Robes?

By Peter Hardin

A veteran Illinois Supreme Court justice has been targeted for removal in a retention (up-or-down) election this year by a deep-pocketed group representing business interests.

The effort to deny re-election to Justice Thomas Kilbride smacks of greater politicization of judicial elections, some observers say.

“Judicial races have become much more politicized in the last 10 or 15 years,”  Mike Lawrence, past director of the Paul Simon Public Policy Institute, was quoted by The Telegraph newspaper as saying.

“When the state Constitution was drafted, I don’t think anyone anticipated the level of politicization in the judicial elections that we have today.”

Justice Kilbride and a majority of the court issued a highly controversial decision last spring. They found unconstitutional a law that limited the sums that doctors and hospitals could be sued for.

Now the Illinois Civil Justice League has talked about raising $1.2 million to $1.4 million to deny re-election to Justice Kilbride. The group works to set a more favorable legal climate for companies.

Justice Kilbride said he was aware that with the vote he cast in the medical malpractice case, “There would be consequences.” But he added, “We aren’t legislators in robes.”

The justice said outside forces are trying to shape the judiciary based on judicial votes, not on fairness.

“Everybody has a bias whether they like the White Sox, the Cubs or the Cardinals, but if you are going to be umpire in a Major League Baseball game, you can’t be for a team,” he said. “You have to be fair.”

He also pondered the consequences for fair and impartial justice of politicization of judicial elections. He asked:

“Do we want judges looking over their shoulders – wondering if I decide this way I’m going to be criticized?”

“This whole politicization of the courts is really going to tear apart the court system. I think it’s bad. It’s not about me; it’s about the court system. That’s what I’m fearful of.”

You can read more about the retention election involving Justice Kilbride in a recent Chicago Tribune article.

Full post as published by The Gavel on September 08, 2010 (boomark / email).