The Illinois Supreme Court on Monday rescinded its decision to return a retired Cook County judge to the bench, where he was to help address a backlog of cases.
Judge James R. Brown was one of seven retired circuit court judges from Cook, Will, and Pope counties who were recalled last month to help address a judge shortage in Cook County by handling cases in the high-volume traffic division.
In late December, two local bar associations petitioned the state’s highest court to reverse Brown’s recall. Brown had served as a judge for 18 years and received endorsements from every bar group in the county during his tenure, including both organizations that sought his removal.
Early Monday morning, the Supreme Court issued a one-sentence order rescinding Brown’s reappointment without elaboration.
The Cook County Bar Association, which identifies itself as the nation’s oldest bar association of Black lawyers and judges, announced its opposition to Brown’s appointment in December, citing a column he authored in September for John Kass News, a news and commentary website run by former longtime Chicago Tribune columnist John Kass.
The association alleged Brown’s column and a subsequent appearance on Kass’ podcast violated the Illinois Code of Judicial Conduct. According to the state, the code sets standards for the ethical conduct of judges and judicial candidates. Brown’s supporters noted that he was neither a judge nor a judicial candidate when the column and podcast were published.
In his column, Brown argued there was “renewed faith in the American justice system” following what he characterized as an era of political “lawfare” and “progressive prosecutors” who “blatantly violated their oath to uphold the law.”
In seeking Brown’s removal, the bar association objected to multiple passages from the column, titled “His Judgement Cometh and That Right Soon,” including assertions 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 an assertion 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.”
This month, 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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