Illinois Supreme Court Seeks Federal Ruling on Authority to Remove Judge Over Political Column
Illinois High Court Asks Federal Judge to Affirm Power to Oust Judge for Pro-Trump Writing
The Illinois Supreme Court is asking a federal judge to declare it has the constitutional authority to remove a Cook County judge from a temporary assignment after he published a column supporting President Donald Trump while retired from the bench.
Attorneys from the Illinois Attorney General's office filed the motion on April 3 in Chicago federal court, seeking to dismiss a lawsuit filed by former Cook County Judge James R. Brown against the state's high court.
Brown's lawsuit alleges the justices violated both his rights as a judge and his constitutional free speech rights by abruptly removing him from a traffic court assignment in January 2026.
Brown had served 18 years as a Cook County Circuit Judge before retiring in 2020. The Illinois Supreme Court recalled him to active service in December 2025, appointing him to help deal with a backlog of traffic cases in Cook County courts.
However, in January 2026, the court withdrew his assignment after two legal organizations pressured the justices.
The Cook County Bar Association and the Chicago Council of Lawyers sent letters to Illinois Supreme Court Chief Justice P. Scott Neville Jr. demanding Brown's appointment be revoked.
The groups pointed to a column Brown published in September on the John Kass News website that criticized Democratic lawfare campaigns against former President Trump and criticized former Cook County State's Attorney Kim Foxx's criminal justice policies.
Brown's column, titled His Judgment Cometh and That Right Soon, argued that Democratic activists and politicians in Illinois waged lawfare against President Trump between his first and second terms.
He also challenged Foxx's soft touch crime policies and linked her prosecutorial decisions to billionaire left wing activist George Soros and his political organizations.
Court Claims Authority Overrides Free Speech Rights
In their brief supporting the motion to dismiss Brown's lawsuit, the Illinois Supreme Court justices argue their interest in maintaining public confidence in the judiciary outweighs Judge Brown's First Amendment interest.
The justices contend federal courts have no jurisdiction over decisions the Illinois Supreme Court makes concerning the rights of Illinois state judges or how they are appointed or removed.
According to an attorney general brief, it is nobody's business but the court's to address internal matters without oversight by federal courts.
Brown's lawsuit argues the state Supreme Court exceeded its authority under the Illinois Constitution by removing him without following proper removal procedures.
The Illinois Constitution provides two paths for removing judges: impeachment by the Illinois General Assembly or a removal action through the Illinois Courts Commission following an investigation of misconduct.
Brown said he received neither process in his case. The Courts Commission received no misconduct complaints against him.
Judge Says He Was Punished for Expressing Views
Brown represents himself through attorneys from the nonprofit constitutional rights advocacy group, the Liberty Justice Center, based in Chicago.
In his complaint, Brown asserts the state Supreme Court weaponized the Illinois judicial conduct code against him to suppress his speech and punish him for supporting President Trump.
Brown argues the column was published when he was still considered a retired judge and before he applied for judicial recall. He contends the removal amounts to illegal and unconstitutional retaliation against him for expressing political views disfavored by Illinois Democrats and by the justices.
The Liberty Justice Center filed the lawsuit on Brown's behalf, seeking a court order to reverse the state high court's decision.
Brown's complaint notes the column should amount to constitutionally protected political speech on a matter of public concern.
Brown served on the Cook County Circuit Court for 18 years before retiring in 2020. The Illinois Supreme Court recalled him to active service five years later, appointing him to a temporary assignment on Cook County's traffic courts in December 2025.
The Illinois Supreme Court stated the temporary appointment was needed to help Cook County's overburdened courts deal with a shortage of judges amid a crush of backlogged cases.
The court said Brown's commentary raised questions about his impartiality.
Federal Court Now Reviews Constitutional Authority
The case now rests with a federal judge in Chicago who must decide whether the Illinois Supreme Court justices have the authority to remove a judge for political commentary.
The justices argue their decision ensures Illinois state courts remain free from the appearance of impropriety and bias.
Brown's attorneys argue the justices lacked the authority and subject matter jurisdiction to circumvent the removal procedures prescribed by the Illinois Constitution.
They also argue the justices should not be afforded judicial immunity for taking such actions if they exceeded their authority.
The case represents one of the most peculiar legal disputes in recent Illinois history, with one judge suing seven other judges in a lawsuit presided over by another judge.
The outcome could have significant implications for how the Illinois Supreme Court handles future disputes involving judicial appointments, removals, and the intersection of political expression and judicial conduct.
Sources
- https://www.news-gazette.com/opinion/columns/jim-dey-sued-for-rights-violation-illinois-justices-say-they-answer-to-nobody/article_54741763-f3ff-4a3d-95e0-b03fd45fd1cc.html
- https://www.cities929.com/2026/04/07/il-supreme-court-says-it-can-remove-cook-co-judge-for-pro-trump-column/
- https://www.abajournal.com/news/article/illinois-supreme-court-steadfast-in-ousting-cook-county-judge-for-writing-column-supporting-trump