Judge confident in case against Illinois Supreme Court justices
[February 21, 2026]
By Jim Talamonti | The Center Square
(The Center Square) – A retired Cook County judge says he has great
confidence in his case against justices of the Illinois Supreme Court.
The Liberty Justice Center filed the civil rights lawsuit in the U.S.
District Court for the Northern District of Illinois on Wednesday
against the state’s high court justices for what it said was the
unconstitutional removal of Cook County Judge James R. Brown.
The Illinois Supreme Court recalled the retired judge in December to
fill judicial vacancies but then removed him in January after the Cook
County Bar Association and the Chicago Council of Lawyers objected to an
opinion column and podcast appearance Brown made months earlier while
retired.
Liberty Justice Center Senior Counsel Brendan Philbin said Brown’s
article discussed the weaponization of the judicial system against
President Donald Trump and other issues that could be characterized as
right of center.
Brown said it was shocking to him that anyone would question his
integrity based on politics.
“When my robe goes on, my politics are left at the door and nothing
matters to me other than my oath of office, the law and the facts of the
case, nothing else,” Brown told The Center Square.
According to Philbin, the Illinois Constitution provides only two ways
to remove a judge from the bench.
“One is impeachment by the legislature, and the other way is through a
complaint process that ends up at the Illinois Courts Commission,”
Philbin told The Center Square.
[to top of second column]
|
Philbin said the Illinois Supreme Court basically wrote a
one-sentence order vacating Brown’s appointment without holding
hearings.
“Our suit seeks to remedy that injustice, because what the Supreme
Court did violated two pretty significant rights that we have as
Americans,” said Philbin, citing the First Amendment and the
Fourteenth Amendment.
Philbin said the Illinois Supreme Court is seeking to apply the
state’s code of judicial ethics to all retired judges.
“They either can exercise their First Amendment rights and speak on
matters of public concern, but then foreclose the opportunity to
come back and fill a vacancy like Judge Brown did, or these retired
justices can stifle their right to speech and keep everything quiet
in hopes that there may be a retirement down the road,” Philbin
said.
Philbin said more than 300 Illinois judges have retired since 2019.
“That’s a lot of individuals who are placed in this really difficult
situation of whether to exercise their First Amendment rights and
foreclose their right to come back to be a judge,” Philbin said.
Brown was asked by The Center Square how much confidence he had
going up against the Illinois Supreme Court justices who removed
him.
“I have great confidence because I’ve got the Liberty Justice Center
representing me and they are outstanding attorneys, led by Sara
Albrecht, and I think we have a very strong case,” Brown said.
Brown said he is looking forward to his day in court. |
