Lake County Judge Shanes May Give GOP Shot at Supreme Court Majority
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Control of the Illinois Supreme Court could come down to the outcome of a race for an open seat in the northeastern corner of the state. Republicans believe they have the candidate to beat.
Lake County Judge Daniel Shanes, Lake County's presiding judge over felony court, announced his run for the new 2nd District seat on the Supreme Court of Illinois Tuesday outside the courthouse in Waukegan.
Shanes, 54, who lives in Mundelein and grew up in Highland Park, was an Assistant State’s Attorney for 12 years, was appointed Associate Judge in 2007, then elected Circuit Judge in 2010. Lake County is the third largest county in the state, with a court system serving over 700,000 people.
The legislature redrew the boundaries for the 2nd District in May, creating a potentially toss up district in Kane, Kendall, DeKalb, McHenry and Lake counties. Democrats currently hold a 4-3 partisan advantage on the court, but Republicans hope retaining the 2nd district and flipping the new 3rd District with incumbent Justice Mike Burke. Prior to the new map, the 3rd was represented by Democrat Justice Tom Kilbride, who lost an expensive retention race last year. Because of redistricting, Burke moves from the 2nd to 3rd districts.
In a 45-minute conversation with The Illinoize Tuesday, Shanes spoke in deep detail on issues ranging from implementing the legislature's criminal justice reform law to the judiciary's role in the spike in crime around the state.
“The Illinois Supreme Court is too important for it to have amateurs and politicians serving in it,” Shanes said in a not-so-veiled shot at former Lake County Sheriff and 2020 GOP US Senate candidate Mark Curran, who has said he is running for the seat next year. Democratic Highland Park Mayor Nancy Rotering is also running.
Shanes isn’t taking a position on the new criminal justice reform law eliminating cash bond, but says it needs to be applied in a way that treats defendants fairly.
“Everybody who appears before the court is judged in the same way. It doesn't mean that everybody’s the same. Because we know every case is unique,” Shanes said. “We know that when someone is perceived to be an elite, and it tips the scale, there is no justice.”
But Shanes admits the financial limitations of posting cash bond have inequalities based on where someone is from or how much money their family has.
“Different people have different situations. Everyone is unique. A $10,000 bond (which posting $1,000 is required for release from county jail) for one person could be beyond their comprehension, nevermind ability, whereas a $10,000 bond for another person could be a nice night in Chicago,” he said. “That's why one size doesn't fit all. That's why, for justice to be fair, for there to be justice, it has to be that everyone is judged by their own situation. When the law applies equally to everyone, if doesn't mean everyone gets the same bond. What it means is that the factors that go into the consideration, the application of the law, is fake to everyone bases on their own circumstances.”
When it comes to rising crime around the state, Shanes says courts can only adjudicate cases brought to them, not to create laws, charges, or penalties.
“Courts cannot just say ‘here is a problem in society, here’s how we’ll solve it.’ That would be making policy and policy should be left to the policy making branch of the government. That’s the legislature and the legislature represents the will of the people,” Shanes said. “The courts do not represent the will of the people. The courts represent the constitution. In the end, courts don’t make cases, courts resolve cases.”
Shanes says he’s basing his campaign on being the most qualified candidate for the job.
“I don’t think anybody else in the race matches my experience for the position,” he said. “As a trial judge, I have first hand perspective on how [Supreme Court] rules play out in the courts.”
Shanes has hit the ground running, raising around $100,000 last quarter, though around half came from a family member. The top fundraising Democrat last quarter, Lake County Associate Judges Elizabeth Rockford, raised around $150,000, which in included a $50,000 loan from her husband.
The race is expected to cost in the millions by next November.