To aid Illinois voters in their responsibility to elect and retain judges; the Illinois State Bar Association (ISBA) provides public information about the qualifications of judicial candidates and judges seeking retention. The lawyers who practice alongside candidates and judges are in a unique position to assess the professional qualities that are necessary for good judges.
How Judicial Evaluations (Outside of Cook County) Work
Candidates who are seeking election to Appellate or Supreme Court judicial vacancies and judges seeking retention to their Appellate or Supreme Court positions are reviewed in a comprehensive evaluation process called Judicial Evaluations, which are conducted by the independent ISBA Judicial Evaluations Committee. The Committee emphasizes integrity and transparency in its process, which is nonpartisan and equitable to all candidates.
The Committee's process involves many steps. It includes: a 40-point questionnaire; investigations that involve interviews with lawyers knowledgeable about the candidates; a formal interview with candidates; and thorough review and finalization of ratings by the full Committee.
The Committee uses 12 criteria that are considered to be vitally important characteristics of good judges:
- Litigation experience
- Professional experience
- Health and age of the candidate
- Legal knowledge and ability
- Integrity
- Sensitivity to diversity and bias
- Judicial temperament
- Diligence
- Punctuality
- Impartiality
- Professional conduct
- Character
The Committee then decides how to rate the candidate or judge. Ratings for candidates seeking election to the Appellate or Supreme Court are rated Recommended, Highly Recommended, or Not Recommended. Judges seeking retention are rated Recommended or Not Recommended. No Committee member who serves on a campaign committee or is actively involved in fund raising for any candidate under review, may participate in the investigation or evaluation of any candidate for the same judicial office. Judicial Evaluation ratings express the opinion of the Illinois State Bar Association.
How Judicial Advisory Polls Work
The Illinois State Bar Association Judicial Advisory Poll is conducted electronically and by mail and is sent to all ISBA members in the circuit or district from which a candidate seeks election (except Cook County). Illinois licensed attorneys who are not members of the ISBA, or any Illinois licensed attorney outside the circuit or district, may request a ballot. Opinions expressed in the Poll are those of the attorneys who chose to respond to the Poll and their opinions do not reflect the opinions of the ISBA or the opinions of all Illinois attorneys.
Candidates are rated as “recommended” or “not recommended” based on whether respondents agree that the candidate “meets acceptable requirements for the office.” Candidates must receive at least 60% “agree” responses to that question in order to be rated as “Recommended”. Percentage is based on "agree" responses to each question; "no opinion" responses are not included.
Following are the questions asked on the poll. Questions on Temperament and Court management differ for those seeking a judicial vacancy and those seeking retention. Clarification of those differences are noted below.
RESPONDENT’S KNOWLEDGE – Do you have sufficient knowledge as to the qualifications of this candidate for this judicial office to give a fair, informed opinion as to those qualifications?
In your opinion, with respect to this judicial office and in off-the-bench conduct affecting the judicial office, will the candidate:
Meets Requirements of Office:
(Recommendation) Considering this applicant/candidate’s overall legal experience and qualifications, do you agree this applicant/candidate meets the requirements of the office?
Integrity
Adhere to the high standards of integrity and ethical conduct required of the office both on and off the bench?
Impartiality
Act and rule impartially and free of any predisposition or improper influence?
Legal Ability
Have sufficient legal knowledge, skill, thoroughness, and preparation to analyze legal issues, interpret and apply laws and rules, and issue well-reasoned rulings?
Temperament
for a judicial vacancy:
Exercise appropriate temperament with courtesy, consideration, firmness, fairness, patience and dignity?
for judicial retention:
Exercise the judicial temperament to serve with appropriate courtesy, consideration, firmness, fairness, patience and dignity?
Court Management
for a judicial vacancy:
Attend to all professional responsibilities including the management of cases/clients, and complete work in a prompt and skillful manner?
for judicial retention:
Diligently and promptly attend to the duties of the office and assure the steady progress of court business?
Sensitivity to Diversity and Bias
Conduct self and deal with others appropriately to reduce or eliminate conduct or words which manifest bias based on race, gender, national origin, religion, disability, age, sexual orientation or socio-economic status against parties, witnesses, counsel or others?
Vacancies vs. Retention
Judicial Vacancies: The office of a Judge is vacant upon death, resignation, retirement, removal, or upon conclusion of his term without retention in office. Supreme and Appellate Court judges are elected by voters in their Judicial District. Circuit Court judges are elected by voters in their Judicial Circuit or county. Supreme and Appellate Court judges serve 10 year terms, while Circuit Court judges serve six year terms. At the end of their term each are required to file for retention in order to serve longer.
Judicial Retention: At the end of the term of Supreme, Appellate and Circuit judges, each may file a declaration of candidacy to succeed himself. The names of the Judges seeking Retention are submitted to eligible voters in the appropriate Supreme and Appellate Court District for retention of Supreme and Appellate Court Judges, and in the appropriate Judicial Circuit or county for retention of Circuit Judges. Judges seeking retention are listed on the ballot separately and without party designation. Voters are asked the sole question of whether each Judge should be retained in office for another term. An affirmative vote of three-fifths (60%) of the electors voting on the question elects the Judge to the office for another term.