Eye On Illinois: 18 weeks later, another change on state’s top court

Illinois Supreme Court vacancies aren’t exactly analogous to their federal counterpart, but they remain significant developments.

Aside from the subject matter of the top state court’s work, a primary distinction is those vacancies aren’t filled by executive nomination and legislative confirmation.

This is the second time in 18 weeks I’ve opened a column using those two sentences. Chief Justice Anne Burke Monday announced her pending retirement, just as former Justice Rita Garman did May 9.

Garman, a Republican who turns 79 in November, joined the court in 2001. Burke started in 2006 and turns 79 in February. Garman asked her colleagues to appoint Fourth District Appellate Court Justice Lisa Holder White as her replacement; Holder White took her oath July 7. Burke, a Democrat, tapped First District Appellate Court Justice Joy Cunningham, who formally joins the court Dec. 1.

The two newest justices have terms expiring Dec. 2, 2024. To earn full 10-year seats, they must win elections, a most familiar path.

Justice P. Scott Neville, a Democrat appointed to replace Justice Charles Freeman in 2018, won a 10-year term in 2020.

The court’s other Burke, Republican Michael, has been on the bench since February 2020, appointed as a replacement for the retiring Robert Thomas. Following redistricting, Burke is running for a 10-year seat in the district formerly represented by Justice Thomas Kilbride, who lost a retention election in 2020. His replacement, Justice Robert Carter, isn’t seeking a full term. The Democratic candidate is Mary O’Brien.

Also in November 2020, Fifth District voters selected Republican David Overstreet over Democrat Judy Cates as successor for the retiring Republican Lloyd Karmeier. That leaves Justice Mary Jane Theis – standing for her own retention vote Nov. 8 – as the veteran. Theis, a Democrat, also joined the court via appointment, replacing retiring Chief Justice Thomas Fitzgerald in 2010 and winning a full term in a contested 2012 election. She’ll start a three-year term as chief justice Oct. 26.

In addition to Holder White and Cunningham, Illinoisans are guaranteed a new justice later this year. Democrat Elizabeth Rochford and Republican Mark Curran are running in the Second District.

Kilbride’s failure to capture 60% in a retention vote proves voters do have influence, enhancing the resumes of justices who won contested elections for full terms. But come January only two sitting justices will have won at the polls before joining the court.

Even if the court retains its current partisan composition (4-3 Democrats), the sweeping change of new personalities can certainly influence the way the panel resolves complex issues. Furthermore, by studying the ascension paths of current justices, voters can begin to understand the importance of the down ballot judicial races too often disregarded as insignificant.

• Scott T. Holland writes about state government issues for Shaw Media. Follow him on Twitter @sth749. He can be reached at sholland@shawmedia.com.