Should O'Brien and Rochford Recuse Themselves from Pritzker Cases?
Supreme Court justices Mary K. O’Brien and Elizabeth Rochford, who each received $1 million from Governor JB Pritzker in their 2022 campaigns.
Some right wing media outlets have been pushing a narrative in recent weeks that new Democratic justices Mary K. O’Brien and Elizabeth Rochford should recuse themselves from cases involving Governor JB Pritzker.
They argue because Pritzker donated $1 million to each of their campaigns 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. Having worked a few judicial campaigns, I can attest to the firewall that is kept between a candidate and their campaign committee. Though they'd have to be living under a rock not to know about the donations.
But others have pointed to Supreme Court case Caperton v. Massey, which essentially ruled a judge who had received significant campaign contributions from a business owner was required to recuse himself.
“It has been the longstanding tradition of the Illinois Supreme Court that recusal decisions are left up to the individual justice,” courts spokesperson Chris Bonjean said yesterday. “The Chief Justice cannot require their recusal.”
Plaintiffs are allowed to file a motion asking both O’Brien and Rochford recuse themselves, but we’re told no motion was filed.
Democrats hold a 5-2 majority on the court, so they would retain a slim majority even if both O’Brien and Rochford recused themselves.