Judge sues Illinois Supreme Court justices over removal he calls First Amendment ‘retaliation’

Retired Judge Files Civil Rights Lawsuit Against Illinois Supreme Court

A retired Cook County judge who was recalled to the bench late last year to help manage the county’s caseload backlog has filed a federal civil rights lawsuit against the Illinois Supreme Court. James R. Brown served on the Cook County Circuit Court for 18 years before retiring in 2020. He answered the Supreme Court’s call for experienced judges to return to the bench and was one of seven retired judges selected for the assignment.

Brown’s return to the bench had personal significance as his last day as a judge coincided with the start of the COVID-19 pandemic and his prostate cancer surgery. He saw the recall as an opportunity to close out his judicial career properly.

During his tenure, Brown managed a heavy court call with fairness, particularly excelling in bond court where he heard numerous criminal cases daily. He had a clean disciplinary record and received endorsements from all bar associations in Cook County. However, his removal from the bench came after an opinion column he wrote as a private citizen sparked controversy.

The column, titled “His Judgement Cometh and That Right Soon,” contained statements that were deemed controversial by some bar associations. Despite never receiving complaints about his conduct during his recall, Brown was informed of his removal via email without any prior communication or opportunity to address the concerns raised by the bar associations.

Brown’s lawsuit argues that the Illinois Supreme Court’s decision to remove him was unconstitutional retaliation for his protected speech. The court cited the opinion column as the reason for its decision. Brown’s legal team contends that the state constitution does not grant the Supreme Court the power to remove judges, and that the proper channels for addressing complaints would have been through the Judicial Inquiry Board.

The lawsuit seeks Brown’s reinstatement for the remainder of his term, declaratory relief establishing that the justices’ actions violated the U.S. Constitution, and monetary damages for lost wages, lost pension value, and reputational harm. Additionally, Brown’s legal team warns that the Supreme Court’s decision could deter other retired judges from returning to help manage court backlogs if they fear reprisal for expressing their opinions.

The case highlights the importance of protecting the free speech rights of judges and the need for clear guidelines on how complaints against judicial officers should be addressed. Brown’s legal battle against the Illinois Supreme Court underscores the ongoing tensions between judicial independence and accountability in the legal system.