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Don’t Take Local Judiciary For Granted

Commentary

By Jesse Greenberg of The Urban Coaster

I’ve been active in progressive politics, issue campaigns and elections my whole career.  Never have I been faced with a more complex challenge than my current job: managing a judicial candidate’s primary campaign.

But like most voters, I didn’t know the first thing about judge races.  All I knew was that these races were confusing.  What’s the difference between county-wide races and subcircuit races? The “Yes” vs. “No” votes?  Why are judges elected anyway?

The confusion aside, one thing I believed before I became a judicial candidate’s campaign manager and now believe even stronger, is that our judiciary is a critical part of our democracy.  And just as we voters exercise our responsibility to hold our elected officials accountable and put the best person in the job, we need to do the same for Cook County’s judiciary.

I’ll try to clarify some things about judicial races.  About half our judges in Cook County are appointed and half are elected.  The appointed judges are appointed by sitting judges.

The other half of Cook County’s judges are elected either by running county-wide or by running in a subcircuit.  The subcircuit system came into effect in the 1990s when good government reformers hoped creating these geographic judicial districts would diversify the bench.

Before the subcircuit system, Cook County judges were overwhelming white and overwhelming male.  The judicial subcircuits were carved out along ethnic, religious and racial borders in order to encourage diversity.

After judges are elected, they have to run for retention every six years.  Voting “yes” supports retaining the judge and a “no” vote supports deposing of them.  A judge has to earn 60 percent or more of “yes” votes to retain their seat.

Judicial races are different than races for other elected office because candidates cannot run on any of the issues that have mobilized our communities – like health-care reform or the environment, for example – simply because taking a position on issues would be inappropriate if they have to rule on them as a judge.

Given the absence of a debate on the hot issues of the day, it is extremely rare that the media will cover judicial races.

Therefore, candidates have to run on their experience, their vision for managing a courtroom and their history of public service.  From the voters’ perspective, it is very difficult to draw any distinction among judicial candidates at first glance.

But it is our duty to educate ourselves.  Just like we take the time to evaluate our aldermanic, state representative or state senate candidates, we have to critically evaluate judicial candidates as well.  After all, recent times have shown how critical having the best and brightest lead our courts is to our society.

Moreover, Cook County courts deal with important issues that affect us every day.  Cook County judges rule on family issues, education, health care, housing, civil rights, consumer protection…and yes, parking tickets.  How can we afford to have judges who might not have the requisite legal expertise or experience?

Voters in the 9th Judicial Subcircuit (extending roughly from Rogers Park north to Wilmette and west to parts of Glenview), an area of Cook County that has been a leading voice for representative and transparent government,  must take voting for judges seriously.

The subcircuit system is set up to get us away from clout and nepotism as the method to getting elected.  And the system works, when voters pay attention.

When an informed electorate takes the time to attend coffees, conduct some online searching, talk to their neighbors or read their neighborhood publications to look for endorsements, we can count on merit as the basis for electing candidates.

There is no question it will take some work by everyone to educate themselves.  But a qualified, independent judiciary is worth it.

Editor’s Note: Jesse Greenberg is the campaign manager for Abbey Fishman Romanek, candidate for Cook County Judge in the 9th Subcircuit.

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