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Illinois Supreme Court justice vacancy (November 2022)

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Illinois Supreme Court
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Burke vacancy
Date:
November 30, 2022
Status:
Seat filled
Nomination
Nominee:
Joy Cunningham
Date:
September 12, 2022

The Illinois Supreme Court appointed Joy Cunningham to the court on September 12, 2022. Cunningham succeeded Anne M. Burke, who retired on November 30, 2022.[1] Cunningham's term was effective December 1, 2022, through December 2, 2024.[2]

At the time of the vacancy under Illinois law, the Illinois Supreme Court appointed replacement justices.

Ballotpedia has compiled the following resources on the process to fill the Illinois Supreme Court vacancy:

The appointee

See also: Joy Cunningham
Joy-Cunningham.jpg

Joy Cunningham began her career as a judicial clerk for Illinois Appellate Justice Glenn Johnson. She later worked as an assistant attorney general, a lawyer for the firm of French, Rogers, Kezelis & Kominiarek, and as associate general counsel for Loyola University of Chicago and the Loyola University Health System. She then became a judge on the Cook County Circuit Court, where she served until 2000. From 2000 until her election to the appellate court, she was the senior vice president, general counsel, and corporate secretary for the Northwestern Memorial System.[3]

Cunningham received her bachelor's degree from the City University of New York and her J.D. from John Marshall Law School in Chicago in 1982.[4]


The selection process

See also: Judicial selection in Illinois


The seven justices of the Illinois Supreme Court are chosen by popular vote in partisan elections and serve 10-year terms, after which they must compete in uncontested, nonpartisan retention elections to remain on the court.[5]

Supreme court justices in Illinois are elected to represent specific districts. The seven justices are divided among five districts (three allocated to Cook County and the others divided evenly among the other four districts) and are voted into office by the residents of their respective regions.[5]

Qualifications

To serve on the supreme court, a judge must be:

  • a U.S. citizen;
  • a district resident; and
  • licensed to practice law in Illinois.[5]

Chief justice

The chief justice of the supreme court is chosen by peer vote to serve a three-year term.[5]

Vacancies

See also: How vacancies are filled in state supreme courts

In the event of a midterm vacancy, the Illinois Supreme Court is responsible for appointing an interim justice. If a justice is appointed more than 60 days before the next primary election, the justice must run in a partisan election in the next general or judicial election to remain on the court. The appointed justice's term will end on the first Monday in December after their election. If a justice is appointed less than 60 days before the next primary election, the justice will have to run in a partisan election to remain on the court in the second general election. The appointed justice's term will end on the first Monday in December after their election[5]

The map below highlights how vacancies are filled in state supreme courts across the country.


Makeup of the court

See also: Illinois Supreme Court

Justices

Following Burke's retirement, the Illinois Supreme Court included the following members:

P. Scott Neville Appointed by the Illinois Supreme Court in 2018
Mary Jane Theis Appointed by the Illinois Supreme Court in 2010
David K. Overstreet Elected in 2020
Michael Burke Elected in 2020
Lisa Holder White Appointed by the Illinois Supreme Court in 2022
Robert Carter (Illinois) Appointed by the Illinois Supreme Court in 2020

About the court

Founded in 1818, the Illinois Supreme Court is the state's highest court and has seven judgeships. The current chief of the court is Mary Jane Theis.

As of December 2022, five judges on the court were Democrats and two judges were Republicans.

The court meets in the Illinois Supreme Court Building in Springfield, Illinois on the second Monday in September, November, January, March, and May.[6]

In Illinois, state supreme court justices are elected in partisan elections. There are eight states that use this selection method. To read more about the partisan election of judges, click here.

About Justice Burke

See also: Anne M. Burke
Anne.Burke.jpg

Justice Burke joined the Illinois Supreme Court in 2006. She was appointed to the court by the Illinois Supreme Court.

Before serving on the state supreme court, Burke was appointed to the Illinois Court of Claims, where she served as a judge from 1987 to 1994. She was then appointed special counsel to the governor for child welfare services. In 1995, she was appointed to the Illinois Appellate Court, First District, where she served until her state supreme court appointment in 2006.[4]

Burke earned a B.A. in education from DePaul University in 1976. She received a J.D. from IIT/Chicago-Kent College of Law in 1983.[4]

Other state supreme court appointments in 2022

See also: State supreme court vacancies, 2022

The following table lists vacancies on state supreme courts that opened in 2022. Click the link under the Court column for a particular vacancy for more information on that vacancy.

Click here for vacancies that opened in 2021.

2022 judicial vacancies filled by appointment
Court Date of Vacancy Justice Reason Date Vacancy Filled Successor
Wyoming Supreme Court January 16, 2022 Michael K. Davis Retirement December 2, 2021 John G. Fenn
Virginia Supreme Court February 1, 2022 Donald Lemons Retirement June 17, 2022 Wesley G. Russell Jr.
Supreme Court of Appeals of West Virginia February 6, 2022 Evan Jenkins Retirement February 7, 2022 Alan D. Moats (temporary)
C. Haley Bunn (permanent)
New Jersey Supreme Court February 15, 2022 Faustino J. Fernandez-Vina Retirement September 14, 2022 Douglas M. Fasciale
Maryland Court of Appeals February 23, 2022 Robert N. McDonald Retirement February 17, 2022 Angela M. Eaves
Utah Supreme Court March 2, 2022 Deno Himonas Retirement May 18, 2022 Diana Hagen
Maine Supreme Judicial Court March 7, 2022 Thomas Humphrey Retirement February 1, 2023 Wayne R. Douglas
Maine Supreme Judicial Court March 18, 2022 Ellen Gorman Retirement March 7, 2022 Rick E. Lawrence
Virginia Supreme Court March 31, 2022 William Mims Retirement June 17, 2022 Thomas P. Mann
Maryland Court of Appeals April 14, 2022 Joseph Getty Retirement February 17, 2022 Matthew Fader
Utah Supreme Court June 30, 2022 Thomas Rex Lee Retirement June 28, 2022 Jill Pohlman
Illinois Supreme Court July 7, 2022 Rita Garman Retirement May 10, 2022 Lisa Holder White
New Jersey Supreme Court July 7, 2022 Barry Albin Retirement May 13, 2023 Michael Noriega
Iowa Supreme Court July 13, 2022 Brent Appel Retirement July 27, 2022 David May
Georgia Supreme Court July 17, 2022 David Nahmias Retirement February 14, 2022 Andrew Pinson
Florida Supreme Court August 31, 2022 Alan Lawson Retirement August 5, 2022 Renatha Francis
New York Court of Appeals August 31, 2022 Janet DiFiore Retirement April 10, 2023 Rowan Wilson
Indiana Supreme Court August 31, 2022 Steven David (Indiana) Retirement June 10, 2022 Derek Molter
Nevada Supreme Court September 29, 2022 Abbi Silver Retirement November 21, 2022 Patricia Lee
Pennsylvania Supreme Court September 30, 2022 Max Baer Death November 7, 2023 Daniel D. McCaffery
Illinois Supreme Court November 30, 2022 Anne M. Burke Retirement September 12, 2022 Joy Cunningham
Michigan Supreme Court November 30, 2022 Bridget Mary McCormack Retirement January 1, 2023 Kyra Harris Bolden
Oregon Supreme Court December 31, 2022 Thomas Balmer Retirement December 28, 2022 Stephen K. Bushong
Oregon Supreme Court December 31, 2022 Martha Walters Retirement December 28, 2022 Bronson James
South Carolina Supreme Court December 31, 2022 Kaye Hearn Retirement February 8, 2023 D. Garrison Hill


See also

Illinois Judicial Selection More Courts
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Courts in Illinois
Illinois Appellate Court
Illinois Supreme Court
Elections: 202520242023202220212020201920182017
Gubernatorial appointments
Judicial selection in Illinois
Federal courts
State courts
Local courts

External links

Footnotes