Caulkins Again Pitches Supreme Court to Vacate Gun Ruling
Rep. Dan Caulkins (R-Decatur)
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Conservative Rep. Dan Caulkins (R-Decatur) is again arguing campaign contributions to two Democratic Supreme Court justices should invalidate their votes on the state’s assault weapons ban.
Caulkins had previously argued that justices Elizabeth Rochford and Mary Kay O’Brien should have recused themselves because Governor JB Pritzker, a defendant in the suit, donated $1 million to each of their campaigns. Caulkins and his attorneys argued they can’t be impartial to cases involving the Governor.
There are no provisions in the Illinois Code of Judicial Conduct, though, that require recusal based on campaign contributions.
The Supreme Court upheld the ban in August, though O’Brien voted with Caulkins on the case.
Now Caulkins and his attorneys argue that because an outside group, funded in part by Senate President Don Harmon and run by one of his top aides, spent millions on the race. Harmon was also a defendant in the case.
Caulkins’ attorneys claim they weren’t aware of spending, but the ads were reported in the public during the 2022 election. Though, it was later determined the committee hid its fundraising by failing to report its donors before the election.
“The expenditures for the benefit of Justices Rochford and O’Brien were concealed from the public until several months after the election,” the filing states. “Neither Justice Rochford, nor Justice O’Brien, disclosed or otherwise acknowledged the All for Justice expenditures supporting their campaigns originating with one of the Defendants, including his counsel of record in this case, when issuing their Orders denying the Motion for Recusal/Disqualification. The non-record material facts were not disclosed on Rochford or O’Brien Campaign Disclosures, which prevented discovery of the indirect support by diligent search.”
Considering Rochford and O’Brien declined to recuse themselves beforehand, multiple attorneys we spoke to Monday believe Caulkins’ latest shot has little chance of success.