A pair of local bar associations are asking the Illinois Supreme Court to reconsider its decision to put a retired Cook County judge back on the bench for a year to help clear a backlog of cases. Judge James R. Brown was among seven retired circuit court judges from Cook, Will, and Pope counties who were recalled last month to address a shortage of judges in Cook County.
Brown served as a judge for 18 years, spending much of that time setting bail for newly charged defendants and handling pretrial matters. He retired in December 2020. Since returning to the bench on December 22, Brown has primarily handled traffic matters at the Daley Center, according to court records.
Late last month, the Cook County Bar Association, which describes itself as the nation’s oldest bar association of Black lawyers and judges, announced its opposition to Brown’s appointment based on a column he wrote in September for John Kass News, a news and commentary site operated by longtime Chicago Tribune columnist John Kass.
The association claimed Brown’s column and a subsequent appearance on Kass’ podcast ran afoul of the Illinois Code of Judicial Conduct. According to the state, the code establishes standards for the ethical conduct of judges and judicial candidates. Allies of Brown point out that he was neither a judge nor a judicial candidate when the column and podcast were published.
Brown’s column argued there was “renewed faith in the American justice system” following what he described as an era of political “lawfare” and “progressive prosecutors” who “blatantly violated their oath to uphold the law.”
In calling for Brown’s removal, the bar association objected to multiple passages from the column, titled “His Judgement Cometh and That Right Soon,” including statements asserting that “justice awaits those who brazenly and viciously demonized the 77 million Trump supporters” and that “accountability, in one form or another, is coming to the George Soros-funded progressive prosecutors who waged lawfare against President Trump.”
The group also cited other portions of the column, including references to a United States Supreme Court nominee who “could not articulate the definition of ‘woman’ at her confirmation hearing” and a claim that “American citizens have been senselessly murdered by illegal aliens.”
In a statement approved by its executive committee, the Cook County Bar Association said Brown’s writing “undermines confidence in the entire justice system” and “erodes confidence, promotes harmful and divisive discourse, and damages the respect for our justice system.”
Last week, the Chicago Council of Lawyers, which describes itself as “not a traditional bar association” and says its focus is on benefiting non-members, particularly poor and disadvantaged populations, published a separate letter seeking Brown’s removal on largely the same grounds.
The Council called Brown’s column and podcast “wildly inappropriate for a member of the judiciary to be making,” adding, “In our view they run afoul of the Illinois Code of Judicial Conduct.”
As with the Cook County Bar Association’s objections, Brown’s supporters say he was neither a member of the judiciary nor a candidate nor subject to the judicial code at the time the column and podcast were published.
In 2014, the last time Brown ran for retention, every bar association in the county recommended him for retention. The Chicago Council of Lawyers, which is now calling for his removal, said he was “considered to be a diligent judge with a good demeanor. He is reported to be prompt in starting his call, and is praised for being fair to all parties. The Council finds him Qualified for retention to his current position.”
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