Potential Burke vs. O'Brien Supreme Court Race Could be Most Expensive in State History
Appointed Supreme Court Justice Michael Burke, a Republican from Elmhurst, formally announced his campaign in the new 3rd District Monday. He likely faces Democratic Appellate Judge and former State Representative Mary K. O’Brien in what could be the most expensive judicial race in state history..
The 2020 Supreme Court retention race of Justice Tom Kilbride goes down as the most expensive Supreme Court race in state history, with around $10.5 million spent between the candidate and outside groups. The most expensive head-to-head race remains the 2004 race between Lloyd Karmeier and Gordon Maag in southern Illinois, clocking in around $9.5 million.
With redistricting and high profile candidates entering the new 3rd District race, the previous record is likely to be surpassed, especially with millions potentially spent in the expensive Chicago TV market.
Republican incumbent Justice Michael Burke of Elmhurst, who was appointed to the high court in 2020, announced his campaign for the new 3rd District Monday.
Burke understands politics have played a role in the court in the past, but says he wants the court to stay non-partisan.
“We judges have to rise above the politics,” Burke said. “I’m not a politician, I’m a judge. I’ve been a judge for 29 years. I’ve served at every level of the judiciary [in this state]. I’ve seen politics creep its way into what appears to be every aspect of our lives lately, and that’s one thing that should never inform judges when they make decisions.”
Burke says the criminal justice reform bill passed earlier this year which eliminates cash bail will have an impact on courts around the state.
“A judge now sitting in bond court is going to have to decide ‘Does this person stay in? Is this person released pending trial?’ It used to be some judges would set a high bond to keep a person in if they thought the person was a danger,” Burke said. “We have to give the trial court judges who are going to be making these decisions the very best possible risk assessment instrument and have it put together by people who know exactly what they’re doing.”
Burke also says the courts need the ability to “supervise and monitor” defendants who are released awaiting trial. He says the legislature needs to give judges discretion and independence when making decisions on pre-trial release.
As judicial candidates aren’t technically allowed to directly raise money, Burke says he hasn’t even discussed how much he’ll need to win with his fundraising committee.
Burke says he would prefer if the court weren’t elected based on political party.
“I would favor running in nonpartisan elections, but it seems like everything is partisan nowadays,” he said, pointing to recalls of nonpartisan justices in Wisconsin who were forced to run races mirroring party lines. “In a perfect world, we would run in nonpartisan elections, but this is the system that we have and we have to run in the system we’re in.”
Burke only retains one county in his current 2nd District, his home county of DuPage, which is home to about a million people and the largest in the new 3rd District. Will, Kankakee, LaSalle, Bureau, and Iroquois counties make up the new district.
Burke will likely face Democrat Appellate Judge and former State Representative Mary K. O’Brien, who is actively raising money, but has yet to formally announce her campaign.
The Illinoize reached out to O’Brien Monday and a spokesperson replied to say she was unavailable.