On Tuesday, voters will be asked to decide whether their area judges – both circuit and appellate – are worth keeping around. It's called "retention," and all you'll have to do at the ballot box is select yes or no.
After circuit judges are elected, they must file for retention every 6 years if they want to keep their seats. For appellate judges, it's every 10 years, which is why, especially for younger voters, the process might seem unfamiliar.
It's a somewhat controversial process. No judge has lost a retention vote since 1990, and for that reason, opponents of the idea see it as democracy for democracy's sake and a waste of voters' time.
In 2010, Cook County Clerk David Orr penned an op-ed for the Huffington Post about the retention votes.
"Judicial retention races are a paradox, where too much democracy means no democracy at all," he wrote. "Few people have the time to examine the judicial records of [the] candidates. It's hard enough to make decisions about presidents and senators. What kind of system is this? A broken one. It's the kind of system where the press devotes very few column inches to any individual judge's qualifications. It's the kind of system where most voters are ill-equipped to make a decision."
This year, Whiteside County voters will be asked to decide whether William E. Holdridge, Mary K. O'Brien, and Walter D. Braud are qualified to keep their seats. Those are likely to be unfamiliar names to most voters.
Holdridge and O'Brien are judges in the state's Third Appellate District, which handles appeals mostly in the northwestern portion of the state, including any filed from Whiteside, Bureau, and Henry counties.
The Illinois State Bar Association assesses and rates judges up for election and retention. The assessment, available on its website, is based on an investigation into candidates' background and references, a review of materials provided, and a full interview. (The ISBA provides explanations for its position on appellate judges; circuit judges just get a brief yes or no.)
When it comes to the retention of Holdridge and O'Brien, ISBA recommends voters select "yes" for both.
Of Holdridge, the organization writes:
"Justice Holdridge maintains an excellent reputation with members of the bar. He is described as real student of the law, a fine jurist, and someone who displays a true passion for the profession. While he is always prepared to hear cases, he will also listen and consider arguments. Members of the bar describe Justice Holdridge as fair, independent, and polite, with an excellent comprehension of the law. In addition, Justice Holdridge is known to give back to the legal community through his participation in various organizations and mentoring activities."
Of O'Brien, it says:
"Justice O’Brien has been a justice of the Third District Appellate Court for 10 years. Prior to joining the Appellate Court, she was an Illinois state representative for the Third District, and she was also an attorney in private practice focusing on family law. She is respectful of her role on the court and remains interested in improving the court for the public and those attorneys who appear before the Third District. Her peers describe her as hard-working, informed and diligent about her case load."
Braud is a judge in the 14th Circuit, which handles cases from Whiteside, Henry, Rock Island, and Mercer counties. Braud is based in Rock Island. The ISBA recommends voters select "yes" for his retention, too.
The Second Appellate District covers the northern portion of the state – which includes Carroll, Ogle, and Lee counties, among many others. Voters in those counties will vote on the retention of Susan Fayette Hutchinson and on the election of Michael J. Burke, who is running unopposed. The bar association recommends Hutchinson be retained, and they call Burke "highly qualified" to fill the role.
The bar association says this of Hutchinson:
"Justice Hutchinson has served on the Second District Appellate Court since 1994. As an appellate court justice, she has been described as articulate and professional. Prior to joining the appellate court, she served as an appointed associate circuit judge and then as an elected Circuit Judge of the 22nd Judicial Circuit in Woodstock for 13 years. Additionally, she served as an assistant in the McHenry County State’s Attorney’s Office from 1977 to 1981. Justice Hutchinson has been a member of the Illinois Supreme Court Committee on Education for over ten years and is a former chair of that Committee. Justice Hutchinson is respected for her professionalism and has a reputation of high integrity and character"
Of Burke, they say:
"Justice Burke was assigned to the Second District Appellate Court in July 2008. Prior to becoming a Justice on the Appellate Court he was a Trial Judge for 16 years in DuPage County. He has been the Presiding Justice for the Second District Appellate Court since December 2012. Justice Burke is considered to have excellent legal knowledge and is always well prepared. He is fair and impartial to all parties. He is very courteous to litigants and court personnel and a very hard working Justice. Justice Burke is well respected by his peers."
Voters in Lee County also will vote on the retention of circuit judges William A. Kelly, Val Gunnarson, Ron Jacobson, and Daniel A. Fish – all of whom come recommended by ISBA.
Lee County
Judge up for election:
• Michael J. Burke - Republican, Second Appellate District, "Highly qualified"
Judges up for retention:
• Susan Fayette Hutchinson - Second Appellate District, first elected 1994, "recommended"
• William A. Kelly - 15th Circuit, first elected in 1990, "recommended"
• Val Gunnarsson - 15th Circuit, first elected in 2002, "recommended"
• Ron Jacobson - 15th Circuit, first elected in 2008, "recommended"
• Daniel A. Fish - 15th Circuit, first elected in 2008, "recommended"
Whiteside County
Judges up for retention:
• William E. Holdridge - Third Apellate District, first elected in 1994, "recommended"
• Mary K. O'Brien - Third Appellate District, first elected in 2004, "recommended"
• Walter D. Braud - 14th Circuit, first elected in 2002, "recommended"