Filling Judicial Vacancies
The Chicago Tribune has reported that Justice Freeman of the Illinois Supreme Court has appointed his long-time law clerk, Jean Cocozza, to a vacancy in the Circuit Court. The Tribune reports that Judge Cocozza has no courtroom experience and that she was not evaluated for judicial service by any independent agency or judicial screening body. Judges in Illinois typically are elected, but many reach the bench through vacancy appointments by the justices of the Illinois Supreme Court, such as the appointment of Judge Cocozza.
However, there is no formal process which the justices must follow to make their appointments. Justice Theis, for instance, employs a 14-member committee to recommend candidates from a pool of applicants who have been evaluated by local bar associations. Justice Burke also makes appointments based upon independent evaluations. Justice Freeman, unlike Justices Burke and Theis, does not use a screening committee to assist in the appointment process. The Tribune has been critical of Justice Freeman for eschewing the committee model in making appointments in the past and remains critical of this appointment for the same reason.
Judges in 22 states reach the bench through a process of selection or recommendation by an independent commission and appointment to the bench, usually political appointment by the Governor. A majority of these states fill judicial vacancies through the same selection process. The method is popular because it de-politicizes judicial appointments and ensures a baseline of professional experience in judicial nominees. This process allows an independent review of applicants that focuses on professional competence while leaving the Justices free to make appointments as they see fit.
The Tribune quotes our Executive Director, Malcolm Rich, saying that the process to fill judicial vacancies should be transparent and should ensure that persons appointed to the bench should had substantial experience in litigation matters. At Chicago Appleseed, we also believe the judicial nominating process for filing vacancies should be transparent and uniform. We further believe that it should include external review of the candidate’s judicial qualifications.
Our judicial branch occupies a unique position in government because member of the judiciary directly interact with and affect the lives of the people they serve. It is imperative that the judges appointed to the bench are well-qualified and critical to public trust that the appointment process is transparent and uniform.