Illinois Civil Justice League

Judicial Candidate Questionnaire

(Questions were submitted to all candidates for the Illinois Supreme and Appellate Courts who are in contested elections.  Candidates who had primary contests were questioned prior to the March Primary Election. Other candidates were questioned later.  Question 12 was only asked of sitting judges who are candidates for a different judicial office.)

1. What steps do/would you, as an elected judge, take to maintain your independence from campaign contributors and special interest groups? Do you impose any limits beyond those required by law on contributions?
   
   
2. Is electing judges in the way that we do it in Illinois (and particularly in Cook County) the best way to ensure the highest quality judiciary? Are there specific reforms in the judicial selection process that you would like to see? Would merit selection be better? How about a system like that used in Massachusetts, whereby a group of prominent citizens submits recommendations to the Governor?
   
   
3. In the federal system, rules of practice and procedure are promulgated by Congress, in consultation with the Courts. If a Congressional enactment conflicts with Federal Rules of Civil or Criminal Procedure, the rule must give way. In Illinois, by contrast, a Supreme Court Rule trumps a conflicting statute, thereby giving the judiciary unchecked power over aspects of practice and procedure that it promulgates. Does the Illinois system place too much power in the hands of the judiciary, who although elected and/or retained, cannot be as responsive to the will of the people as the legislature?
   
   
4. Were the framers of our 1970 state constitution wise to add/preserve provisions that have no federal analogs, such as the "special legislation" and "certain remedy" clauses and the "single subject" rule? Or are these provisions unnecessary because the guarantees of due process and equal protection under both the state and federal constitutions adequately cover the same ground and the state provisions noted above are (and have been) subject to varying interpretations as the composition of the Court shifts?
   
   
5. In close cases, judges (particularly appellate judges) often have choices to make as to the direction in which they believe the law should go. In those circumstances, some of the greatest judges have been activists, others have practiced restraint, and others have followed no particular philosophy about the place of the judiciary in our system of separate branches sharing power. Which of these approaches/philosophies best captures your views of the proper role of judges in society?
   
   
6. It is often said that because the judiciary neither commands the sword nor the purse, its power and legitimacy rest on the persuasiveness of its opinions. Yet a large number of cases -- even cases worth large sums of money and presenting significant and/or novel legal issues -- are resolved in the Circuit Courts of Illinois through the issuance of one line orders that fail to give even an inkling of the Court's reasoning. This tendency is deeply troubling to lawyers who spend enormous amounts of time (and their clients' money) briefing and arguing these cases. It is also disturbing to clients who are given no clue as to why they won or lost cases that have a vital impact on their livelihoods (and the livelihoods of all of those whom they employ). Is this a source of frustration to you as a current or prospective appellate justice? Do you have any thoughts as to whether (and, if so, how) the Supreme Court, in the exercise of its administrative and supervisory authority over the courts, can remedy this situation? Should Circuit Courts be required to set forth reasons (even if briefly) in ruling on all dispositive motions unless the Court certifies that the motion is frivolous?
   
   
7. A number of citizens and organizations in this state have long felt that the civil justice system, as it has evolved through the years, has gone far beyond its traditional goal of providing fair compensation to injured persons for their losses, and has instead become a "lottery system" whose benefits are distributed largely to a limited number of lawyers with well established personal injury practices. As you know, in 1995, a majority of our General Assembly enacted comprehensive tort reform legislation designed to remedy some of these perceived problems. Without commenting on the specifics of that legislation or the Supreme Court's 1997 decision invalidating it in its entirety, what advice would you give to the citizens and organizations who believe that the tort system is broken and were deeply disappointed to find out that, acting through their elected representatives, they were powerless to fix it? From your vantage point as a current or prospective appellate justice, are there civil justice reforms that you would like to see enacted, perhaps through changes in the Supreme Court rules? Assuming that the 1995 legislation accurately reflected the contemporary views of Illinois citizens, is there any way to institute serious reform by legislation on important (and politically charged) public policy issues like the rules that govern injury tort litigation? Or must the Illinois Constitution be amended to achieve such reforms?
   
   
8. Do you believe the Illinois Constitution precludes legislative establishment of limitations on damages in civil litigation?  Does/would that apply to economic, non-economic and punitive damages, or are there distinctions?
   
   
9. Illinois has seen a dramatic increase in class action litigation during the past two years.  Madison and Cook Counties have been singled out in national studies as being two of the worst counties in the country (only Los Angeles County was worse in a Manhattan Institute study).  What do you think is the reason for this surge?  Is the certification process in Illinois faulty?  Should a rule incorporating a “Rule 23” superiority requirement into the Illinois Class Action statute be enacted?  Should a rule barring Illinois Class Action procedures from application to non-Illinois residents be enacted? Are there other steps that should be taken?
   
   
10. While this is a matter for the General Assembly to consider, do you think a “loser pays” requirement in some (or all) civil litigation would help reduce the number of civil suits filed in Illinois?  “Loser pays,” or the so-called “English Rule,” seems to be a very popular concept among Illinois citizens.  Are there reasons why Illinois should not consider it?
    
    

11. If the Illinois General Assembly enacts what you as a judge consider to be an  inappropriate, or “dumb” law, how should a judge respond when a case in which the law would apply is before his/her court?
    
    

12.  (For current sitting judges:) What do you consider to be the most serious obstacle or detriment to you as a judge in fulfilling your duties? Has the problem been getting worse or has it been lessening in the past few years? How do you deal with this problem now, and what changes would you like to see to alleviate the problem in the future?

 

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