Democratic Illinois Supreme Court Justice Thomas Kilbride who had been linked by opponents to Illinois House Speaker Michael Madigan, appears to have become the first state Supreme Court justice to be removed from office by voters who rejected his retention bid.
On Tuesday, Nov. 3, in the face of unofficial vote totals, Kilbride conceded defeat in his campaign to win another 10-year term on the court.
Late Tuesday evening, unofficial vote tallies showed 55% of voters in Illinois’ Third Judicial District had voted yes on the question of whether to retain Kilbride on the court.
Kilbride, however, needed to collect 60% approval to keep his seat in the district, which includes Will and Kankakee counties, and runs west across Central Illinois to the Mississippi River, covering 18 other counties, including Peoria, LaSalle and Rock Island counties.
Kilbride had served on the state high court since 2000. He had been targeted for defeat by opponents, who labeled Kilbride as Madigan’s “favorite justice.” They pointed to substantial financial backing from Madigan’s Illinois Democratic Party and political organization as proof of Madigan’s support of Kilbride.
Kilbride’s opponents said his reliance on such political support, as well as some of his past decision favoring Madigan and Democratic interests, raise too many questions about his judicial independence from those now in control of Illinois’ state government.
They particularly pointed to Kilbride’s authorship of a state Supreme Court decision which blocked an effort by Illinois citizens to place a referendum on the statewide ballot, allowing voters to amend the state constitution to change the way Illinois draws its legislative district boundaries. That constitutional amendment effort was opposed by Madigan allies, who successfully sued to block it, asserting the amendment would violate the Illinois state constitution.
The Kilbride retention race drew strong financial backing from both sides, with more than $10 million spent in the campaign.
The apparent defeat throws open the question of who will succeed Kilbride on the court.
Traditionally, when state Supreme Court justices depart the court, their fellow justices have appointed someone to fill the seat on an interim basis until the next election. And that appointment has normally followed their wishes.
For instance, in recent years, the Illinois Supreme Court justices appointed P. Scott Neville to replace retiring Justice Thomas Freeman, at Freeman’s recommendation, and then appointed Michael Burke to replace retiring Justice Robert Thomas, at Thomas’ recommendation.
Neville won the Democratic primary election in the First Judicial District, which solely includes Cook County, in March, and ran unopposed in November to secure a full 10-year term on the court.
Burke is scheduled to stand before voters in 2022, as he fills out the remainder of Thomas’ term.
It is unclear how the Illinois Supreme Court will choose to replace Kilbride, particularly since his defeat leaves the court evenly divided between Republicans and Democrats, pending Kilbride’s replacement.
Republicans secured a big win in southern Illinois, in the state’s Fifth Judicial District, as David Overstreet resoundingly defeated Democrat Judy Cates on Tuesday to win the seat long held by Justice Lloyd A. Karmeier, who announced his retirement this year. Karmeier had last secured retention in 2014.
In appearing to concede on Tuesday night, Kilbride said “serving on the Illinois Supreme Court has been the honor and privilege of my lifetime, and I am proud of the legacy I leave behind, including a court that is more open, transparent and accessible to all, regardless of economic means.”
“Though votes continue to be counted, I am disappointed in the apparent outcome,” Kilbride said in the statement released late Tuesday. “I want to thank the voters of the Third Judicial District for twice placing their faith in me to uphold the sacred principles that guide our judicial system.”