By: Mark Glennon*
Should judges who received a million dollars each from Gov. JB Pritzker for their campaigns recuse themselves from decisions on the constitutionality of two of his pet pieces of legislation — the SAFE-T Act and the assault weapons ban?
That’s a predictable and fair question which surely has occurred to many Illinoisans. Recusal probably isn’t in the cards for reasons I will explain, but the question certainly didn’t warrant Pritzker’s answer, which was smug, autocratic and unresponsive.
The question was put to Pritzker last week by Greg Bishop of Center Square. Pritzker donated a total of $2 million from two separate accounts to then-Illinois Supreme Court candidates Mary O’Brien and Elizabeth Rochford, $1 million each, for their recent elections.
Pritzker started with the go-to response used by today’s left: “right wing.” Just brush off any question you don’t like as being from the right wing. “I am sure this is something that the right wing is trying to stir up,” Pritzker said. “I know you’ve written about it.”
He went on to say it was “ridiculous” to suggest that anyone who received money from him should have to recuse themselves. “And I’ve certainly never asked anybody to vote a certain way or decide on a case a certain way. I would never do that. I never have and I never will.”
That’s no answer, either. Nobody ever suggested that he directly asked for a quid pro quo. The obvious issue, instead, is whether human nature creates a sense of obligation. Even the most ethical among us may be influenced by the sense of gratitude from a million dollar gift.
Watch the video clip of Pritzker’s answer, the tone of which also shows his disdain for the fair question.
Under Illinois’ system, recusal is generally not required because of campaign contributions. However, that’s not a very satisfying answer.
Illinois’ Code of Judicial Conduct generally speak to “disqualification,” not recusal. “A judge shall be disqualified in any proceeding in which the judge’s impartiality might reasonably be questioned,” says Rule 2.11.
You might think that a million bucks in campaign contributions pretty clearly makes impartiality reasonably questionable, but that’s not how the Illinois system works. The general idea is that judicial candidates’ campaign committees, not the candidate, do the campaign fundraising, as reflected in Rule 4.4, and that somehow removes any taint.
Yeah, right.
Here are pictures of Pritzker with the two supreme court candidates in question. The O’Brien picture from Pritzker’s Facebook page says, “This November, it’s all on the line. It’s so important we elect Democrats like…Mary Kay O’Brien up and down the ballot!” And the one with Rochford from her campaign’s Facebook page says, “Always a great night when you can receive an award AND spend time with our amazing Governor JB Pritzker and the lovely first lady MK Pritzker.”
The notion that candidates are separate from their committees is fantasy, but that’s the premise in our system.
While the justices therefore face no mandatory disqualification, whether they could choose to voluntarily step aside is apparently a different matter. The murkiness there is illustrated in a decision last year, Sigcho-Lopez v. Illinois State Board of Elections, in which three justices voluntarily recused themselves, leaving only four justices to decide the case, which is the minimum needed for a majority opinion. They offered no reason for their recusal that I can find, so that’s apparently acceptable.
It’s therefore conceivable that the justices who got Pritzker money would step aside voluntarily, recognizing the exceptionally large amount of money at issue and the importance of the cases. On the other hand, they wouldn’t want to set a vague precedent about recusal based on campaign contributions. I wouldn’t expect voluntary recusal in any event.
You are not alone if all that leaves unsatisfied about the recusal issue. Chicago Appleseed, a public interest law center, put it this way several years ago, and it still applies:
At this moment in time, the precise changes to the recusal canons are less important than the Court’s understanding that the existing rules are no longer sufficient for public confidence in the independence of the judiciary. Courts cannot function when their communities do not believe they are impartial, ethical, and governed without bias. A court which remedies its own weaknesses may earn the trust of all of us.
That’s why a thoughtful, responsive answer would have been appropriate for the question put to Pritzker, not the obnoxious and condescending one he gave.
*Mark Glennon is founder of Wirepoints.
A set of state lawmakers want to extend CPS’ current school closing moratorium to February 1, 2027 – the same year CPS is set to transition to a fully-elected school board. That means schools like Manley High School, with capacity for more than 1,000 students but enrollment of just 78, can’t be closed for anther three years. The school spends $45,000 per student, but just 2.4% of students read at grade level.
Hopefully, all media will get the message, in Illinois, too.
Ted joined Tom Miller of WJPF to talk about Illinois’ highest-in-the-nation property taxes, why lawmakers don’t want to touch the tax’s cost drivers, just how much Illinoisans’ tax burden has grown over the decades, why Gov. Pritzker failed to meet his promise to reform property taxes, and more.
Pritzker is as corrupt as they come. He lies literally every time he says something. Illinois is a failed state and it will only get worse until there is a Republican governor and a Republican legislature, but it will not happen in my time…
Never an influence, never an expectation…says the guy who was calling and willing to pay Blagojevich for a job, what have ya’got …Senator, Treasurer, Atty General…
Calls again says he’s wants out, next thing you know a month later Blago gets raided and jailed.
The Supreme Court is not just any political office. It is a court of law and the highest court in the state with very few members that make influence of a couple of justices very significant. But once again this fool for a governor condescends to eveyone and thinks we’re all stupid. He’s one of the main reasons people are fleeing this state. Thank all of you for asking the hard questions.
The ever pandering pritzger at it again. To my surprise the greed of Fat Boy and his family is not front and center in his speeches. I would have thought that in the background there would be a sign promoting his cousins shooting range and gun shop in Wisconsin. You know, we gotta make the money family.
….and yet, if another elected official, perhaps from a party or a persuasion different than the Governor, gave a judge ONE TENTH of that amount, the ole property-tax dodger would be SCREAMING!
Years ago a wise man told me that appearance is often more important than the facts. Sure seems that way here.
The judges refusal to recuse themselves from this case after being purchased by Pritzker will be the basis of a Federal court appeal on this clowncar legislation. And force the IL taxpayers to spend even more tax dollars chasing unicorns.
The two women hacks I believe are the same as two who tried to sell us Tupperware last year, I could be wrong.
Fatty Arbuckle expression looks like he has been smoking to much “ hopium.
Pritzker is overtly filling the corruption void created by Madigan’s exit. The only difference between these two is that the slippery Irishman didn’t have the wealth; rather, his goal was to create it. Pritzker, thinking he’s hit a triple in life when in fact he was born on third base, buys his influence by throwing cash around. Both crooked. Both evil. Both re-elected. Thanks, voters.
Several hundred million dollars is all it takes to completely capture every important political institution in Illinois. Everyone bends the knee for JB’s cash. Tell him no, and it is the end of your political career. This a level of corruption unheard of in IL.
Madigan did the same thing but the difference is that Madigan controlled all national and state Democrat political contributions to exert ownership of IL politicians whereas JB just spends his daddys cash fro the same control.
And JB Pritzker is far to the Progressive Left of Michael Madigan. JB Pritzker is a radical Progressive activist. How much of his craziness he believes and how much he does because he is told or thinks it will help him become President of the United States I have no clue. It is like Rod Blagojevich with more money and a perhaps a bit more caution as Blago’s demise is still a somewhat recent memory. In my opinion JB Pritzker and the Democrat legislature are driving the state into the ground and at some unknown point it will get ugly.… Read more »
Ken Griffen has common sense but he’s still a financer rentier type that finds a way to pick enough pennies from everyone’s pocket to turn it into billions of dollars. He’s not doing god’s work, he’s creating wealth inequality. He’s still only a nouveau riche self-made billionaire in a urinating match with practically old world money at this point. Still, I’d rather have Ken here than in FL, but He is correct that IL is not fixable.
Illinois is getting worse by the day….
Exactly! And just like Obama, if he were to become President he will bring even more corrupt Illinois politics to Washington DC!
If you don’t like how this autocrat and his minions are running this state either suck it up or move
Working on exactly that! Lived here my whole lifetime (82 years) and never thought I’d get to the point that I was this embarrassed for the place where I was born. So sad.
Working on it! Anything is better than this s___!
Seems like a reasonable question. Unless you have the temerity to ask it in Democrat run lock-stock-and-barrel Illinois.
The arrogant and smug one will get out over his skis at some point, and when he does, the fall will be magnificent.
I hope I’m around to see it!!!!
Of course, he bought the judges. And look how the judges are starting to ignore even attempting to appear impartial. If these judges in our top court don’t recuse themselves after being so obviously bought and paid for with millions of dollars, it will be a huge signal to avoid investing in Illinois altogether. The entire judiciary system in the state will have been captured by one political party. There will be no chance of receiving a fair trial.
I would think insurance rates for all will rise as Leftist extremism permeates IL courts.
Pritzker represents the ‘new normal’ amongst Democrats. Just look at Joe Biden – when his adderall is working and he is briefly lucid, what does Biden do? He insults, berates, and lies about those who do not agree with his extremist, corrupt views.
What’s really shocking in all this is how many establishment ‘Republicans’ go along with it.
“ He insults, berates, and lies about those who do not agree with his extremist, corrupt views”. So, that’s unlike compared to Pres. Trump, of course, right? I just want to get this straight.
Biden screaming incoherently into a microphone and his ‘100 yd stare’ only compound his hate and intolerance for those who aren’t sycophants of Leftism. Pritzker should know better but it’s just easier for him to follow the Leftist mob.
Okay, I just want to keep your point of view in mind. Its a gem.
I will never apologize for what is right.
“Right” is a subjective term.
Go seek professional help. Trump lives in your head!
Not only mine, buddy. He broke the mold as to what we might well expect in the future as compared to the vast majority who had the office previously.
Go send your kids to go and sit on the pedophile biden’s lap. Great photo op.
Sure, no different. But because they both are idiots, Biden gets a pass from you? Be objective. Your opinion will carry more weight.
The Combine aka Uniparty
If JB Pritzker was a Republican would the Democrats and their buddies in the mainstream media label him an extremist white supremacist politically connected entitled MAGA billionaire who bought the Illinois Supreme Court?
And would they say Mr. Pritzker and the majority of his extended family are dangerous and the biggest threat to the State of Illinois since its white colonizer founding?
And would they demand he withdraw from the election?
etc.
A MILLION DOLLARS – any appearance used to be the standard.
SCOTUS made a decision on this in 2009, they need to recuse.
In typical Democrat fashion walks away from answering any further question what a POS.
Fat Boy is nothing but an entitled, arrogant, spoiled rich kid who is in reality a vile individual. He cares about himself only and does not represent the ideology of 85% of the state. Chicago/Cook County is the only place that counts. He bought and paid for these judges and if they had one ounce of respect for themselves and the judicial system they supposedly represent they would recuse themselves. Then again they are democrats and as such do not respect the law, do not respect themselves, do not respect the Constitution and will obey their Master.
“and does not represent the ideology of 85% of the state”
Then how did he get reelected so easily? Maybe you don’t know your fellow residents as well as you think. Remember, he was reelected, not just elected. The voters knew him and decided to keep him.
My humble suggestion to all Pritzker haters is to consider not focusing so much on the symptom (Pritzker) and focus instead on the core problem, the voters. Getting rid of Pritzker may not make things better since the voters will likely pick another slimeball to replace him.
I repeat this over and over again so it sinks in: Mid-term voting for parties is always significantly lower than general elections. Democrats used to lose about 1.3 million general election voters every midterm. However, Fat Man Bad – almost entirely through mail in ballots, with a little early voting – CUT THE mid-terms loss in half. Both in 2018 and 2022 JB managed to increase straight ticket Democrat turnout upwards of 700,000 votes. Yes, many of these votes are fraudulent – no doubt – and the DuPage County Clerk fought long and hard to make sure she could count… Read more »
It’s not the voters, IT IS THE BALLOTS.
I’m guilty of this too. I recently checked and found out some of my conservative relatives, who talk about politics, aren’t even registered to vote! That shocked me. The Republicans are so shell shocked they can’t even be bothered to registered to vote. The county will even mail you every ballot for every election! I should be registering them but it’s like pulling teeth because they’re so demoralized.
I’m just guessing, but perhaps demoralized voters (and non-voters) have either accepted they will be ruled by liberal socialists or are planning to leave Illinois in a few years. Either way, maybe they are just realists.
Talking about counties. 102 in the state and Fat Boy won 10 maybe with the grand prize of Cook where he won 80%. Yes, 85% of the state hate his ass.
One of the dumbest arguments ever. He won the counties that matter not the teabilly counties with brothers that marry their sisters. Who cares how 1700 voters from Nowhereastan voted.
Those teabillies that operate farms and produce millions of tons of corn, wheat, soybeans. Raise cattle, sheep, chickens, turkeys and provide the food that we need. Those teabillies who pay taxes and are not represented in the state government. Those teabillies who live in safe communities because the police and state attorneys do the job. Those teabillies who see their rights crushed by liberal democrats who believe that every White firearm owner is a serial killer. Those teabillies who work for s living, long hours and know what the term work means and not some purple haired latte server who… Read more »
Teabillies are too dumb to know that land doesn’t vote. Go plow the field and make me some food teabilly.
A giant OFFJAG you are