Rauner: ‘I don’t trust the Supreme Court’
Legal experts say September appointment of justice's former clerk violates Illinois Constitution
The high court's September appointment of Cobbs is at odds with the 1970 Illinois Constitution, according to legal experts.
Ann Lousin, a professor at John Marshall Law School, said she was unaware of any provision that would allow the Supreme Court to appoint someone to a county judgeship who did not live in that county.
"I know Cynthia, and I like her very much. When I heard she was going to be made judge, I thought that was a great decision," Lousin said. "But I am mystified that the court would appoint someone from another county. Mystified."
Dawn Clark Netsch, a Northwestern University law professor and a co-author of the state constitution, said the court's actions strike her as odd too.
"It certainly appears the court did not abide by the constitution's residency qualification," Netsch said. "Her appointment is questionable."
Cobbs, 61, is a full circuit judge hearing
traffic cases in the Daley Center downtown. Reached last week in her courtroom, Cobbs ignored questions about her appointment, twice stating, "Court is in recess." She then walked out of the room.
Cobbs is well-known to the justices. She has been the director of the Administrative Office of the Illinois Courts since 2002, a position that required her to work closely over the years with the court's chief justices. She also was a former chief law clerk to Supreme Court Justice Charles Freeman.
Court spokesman Joseph Tybor said the constitution does give the justices the authority to make the appointment. Pressed on the issue of Cobbs' residency, Tybor referred to a March case about judicial candidates decided by the high court.
In that case, Goodman v. Ward, the court sided with lower courts that had barred a lawyer from being on the primary ballot because he was running in a judicial subcircuit in which he did not live.
"Basically, the opinion holds that candidates for the office of circuit, appellate or Supreme Court judge must be residents of the unit from which they seek election before they may cause their names to appear on the ballot for the primary election … at the time they submit the statement of candidacy which must accompany their nominating papers (petitions)," Tybor said in an email.
But Netsch called such thinking inconsistent with the constitution. "The language doesn't say that," Netsch said. "It doesn't say when you get around to filing petitions that you will presumably move to Cook County."
Ann Lousin, a professor at John Marshall Law School, said she was unaware of any provision that would allow the Supreme Court to appoint someone to a county judgeship who did not live in that county.
"I know Cynthia, and I like her very much. When I heard she was going to be made judge, I thought that was a great decision," Lousin said. "But I am mystified that the court would appoint someone from another county. Mystified."
Dawn Clark Netsch, a Northwestern University law professor and a co-author of the state constitution, said the court's actions strike her as odd too.
"It certainly appears the court did not abide by the constitution's residency qualification," Netsch said. "Her appointment is questionable."
Cobbs, 61, is a full circuit judge hearing
traffic cases in the Daley Center downtown. Reached last week in her courtroom, Cobbs ignored questions about her appointment, twice stating, "Court is in recess." She then walked out of the room.Cobbs is well-known to the justices. She has been the director of the Administrative Office of the Illinois Courts since 2002, a position that required her to work closely over the years with the court's chief justices. She also was a former chief law clerk to Supreme Court Justice Charles Freeman.
Court spokesman Joseph Tybor said the constitution does give the justices the authority to make the appointment. Pressed on the issue of Cobbs' residency, Tybor referred to a March case about judicial candidates decided by the high court.
In that case, Goodman v. Ward, the court sided with lower courts that had barred a lawyer from being on the primary ballot because he was running in a judicial subcircuit in which he did not live.
"Basically, the opinion holds that candidates for the office of circuit, appellate or Supreme Court judge must be residents of the unit from which they seek election before they may cause their names to appear on the ballot for the primary election … at the time they submit the statement of candidacy which must accompany their nominating papers (petitions)," Tybor said in an email.
But Netsch called such thinking inconsistent with the constitution. "The language doesn't say that," Netsch said. "It doesn't say when you get around to filing
petitions that you will presumably move to Cook County."
Netsch said the constitution's language is clear and unambiguous on what it takes to be eligible to be a judge. She read the part that states: "No person shall be eligible to be a Judge or Associate Judge unless he is a United States citizen, a licensed attorney-at-law of this State, and a resident of the unit which selects him."
How the state's seven justices go about filling judicial vacancies has been a subject of mystery and debate for years.
In August, the Tribune spotlighted the court's questionable practice of placing judges on the bench who had lost in primary elections. A Tribune review found that since 2000, the Supreme Court had placed 18 judges on the bench in Cook County after they lost at the polls. Many of those judges are politically active Democrats.
Critics said the court had subverted the will of the voters and violated the constitution. Tybor said at the time that justices had privately decided months before the story they would no longer use their "recall" power to keep judges on the bench after they lose an election.
Competition for a coveted job on the bench in Cook County is fierce — in September, nearly 240 lawyers were on a waiting list for six openings.
The state constitution gives voters the responsibility of electing circuit, appellate and Supreme Court judges. But it also gives the Supreme Court justices the power to appoint lawyers to fill vacancies, such as those created when a judge retires or dies in office.
When Cook County Judge Henry Simmons Jr. retired this past summer, the justices tapped Cobbs. After graduating from law school in 1988, she became a law clerk for Freeman and then chief clerk for him until 1997, when she joined the court's administrative office. She became the office's chief legal counsel and in 2002 its director.
Cobbs is credited with helping expand the Supreme Court's technological reach so that oral arguments are now available on the Internet and announcements, orders and opinions are publicized on Twitter.
According to the Supreme Court, Cobbs also oversaw education programs for the state's judges and helped develop standards and programs for judicial performance.
"Her accomplishments are many, and they will continue as she begins her new judicial career," Chief Justice Thomas Kilbride said in a court news release announcing Cobbs' appointment.
In the same release, Cobbs said, "It has been my great honor to serve the Supreme Court of Illinois and to head the court's administrative office. ... I look forward to new challenges and the next steps in my professional career."
Cobbs' term is to run through Dec. 3, 2012.
On Oct. 14, days after the Tribune first inquired about her residency, Cobbs' Will County home was listed for sale.
tlighty@tribune.com
How the state's seven justices go about filling judicial vacancies has been a subject of mystery and debate for years.
In August, the Tribune spotlighted the court's questionable practice of placing judges on the bench who had lost in primary elections. A Tribune review found that since 2000, the Supreme Court had placed 18 judges on the bench in Cook County after they lost at the polls. Many of those judges are politically active Democrats.
Critics said the court had subverted the will of the voters and violated the constitution. Tybor said at the time that justices had privately decided months before the story they would no longer use their "recall" power to keep judges on the bench after they lose an election.
Competition for a coveted job on the bench in Cook County is fierce — in September, nearly 240 lawyers were on a waiting list for six openings.
The state constitution gives voters the responsibility of electing circuit, appellate and Supreme Court judges. But it also gives the Supreme Court justices the power to appoint lawyers to fill vacancies, such as those created when a judge retires
or dies in office.When Cook County Judge Henry Simmons Jr. retired
this past summer, the justices tapped Cobbs. After graduating from law school in 1988, she became a law clerk for Freeman and then chief clerk for him until 1997, when she joined the court's administrative office. She became the office's chief legal counsel and in 2002 its director.Cobbs is credited with helping expand the Supreme Court's technological reach so that oral arguments are now available on the Internet
and announcements, orders and opinions are publicized on Twitter.According to the Supreme Court, Cobbs also oversaw education programs for the state's judges and helped develop standards and programs for judicial performance
."Her accomplishments are many, and they will continue as she begins her new judicial career," Chief Justice Thomas Kilbride said in a court news release announcing Cobbs' appointment.
In the same release, Cobbs said, "It has been my great honor to serve the Supreme Court of Illinois and to head the court's administrative office. ... I look forward to new challenges and the
next steps in my professional career."Cobbs' term is to run through Dec. 3, 2012.
On Oct. 14, days after the Tribune first inquired about her residency, Cobbs' Will County home
was listed for sale.tlighty@tribune.com
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