Illinois Supreme Court Justice Thomas Kilbride has lost a high-stakes and costly retention battle in the state’s Third Appellate District.
It is the first time that voters have not retained a justice to the state's high court.
Kilbride fell 5 points short of the necessary 60 percent voter approval to earn a third 10-year term. He was first elected on the Democratic ballot in 2000.
"I want to thank the voters of the Third Judicial District for twice placing their faith in me to uphold the sacred principles that guide our judicial system," Kilbride stated in concession. "Serving on the Illinois Supreme Court has been the honor and privilege of my lifetime, and I am proud of the legacy I will leave behind, including a court that is more open, transparent and accessible to all, regardless of economic means.”
A group opposed to Kilbride's retention, Citizens for Judicial Fairness, also issued a statement: “This unprecedented outcome sends an unmistakable message that Illinoisans want an independent judiciary with no ties to Mike Madigan. We call on the Supreme Court to listen to the people as they consider a potential interim replacement to serve until 2022.”
If a Republican were elected to Kilbride's seat in 2022, the Supreme Court would lean 4-3 conservative.
Results tabulated by the Illinois Civil Justice League (ICJL) in Tuesday's election showed Kilbride attained 55 percent voter approval - 384,629 yes votes to 312,720 no votes.
More than $10 million was spent this election cycle in Kilbride's district that includes a chunk of Chicago’s southwest suburbs and a large swath of central Illinois. The district includes Will and Kankakee counties, and runs west across Central Illinois to the Mississippi River, covering 18 other counties, including Peoria, LaSalle and Rock Island counties.
Kilbride was backed by the state’s Democratic Party, led by Illinois House Speaker Michael J. Madigan, which has poured financial support into his reelection effort. He has also been backed heavily by Illinois trial lawyers.
Opponents of Kilbride’s retention said his reliance on such political support, as well as some of his past decisions favoring Madigan and Democratic interests, raised too many questions about his judicial independence from those now in control of the state government.
Those opponents launched a spirited effort to unseat Kilbride, buoyed by big donations from some of Illinois’ wealthiest contributors, including billionaire Ken Griffin.
The ICJL was among forces against Kilbride's retention.
In its election year report, “Judges: Good and Bad – You Can’t Afford to be Indifferent,” the Elmhurst-based organization noted Kilbride wrote the decision that blocked efforts to change the state constitution to change the way the state draws legislative districts. Such a change would have removed Speaker Madigan from controlling the process that determines how Illinoisans’ elect representatives to Springfield.
That critical decision came in 2016, when Kilbride and three other Justices blocked a ballot initiative that would have authorized a citizen commission to draw legislative district maps.
The majority sided with eight Madigan-allied plaintiffs who sued in Cook County on behalf of “Peoples Map,” challenging “Independent Maps” on behalf of more than a half million Illinois voters demanding reform to the way legislative maps are drawn – a process in its current form that allows Madigan to effectively remain in control of state government.
Lead plaintiff John Hooker formerly directed governmental relations for Commonwealth Edison and second plaintiff Frank Clark ran the utility. They retired in 2012.
In August, Commonwealth Edison admitted to federal prosecutors that it engaged in bribery to advance its agenda with Madigan in Springfield.
The ICJL noted that Kilbride opponents refer to him as “Madigan’s favorite Supreme Court justice,” referencing the millions in financial contributions Kilbride has received from Madigan’s campaign war chest.
For Kilbride’s retention campaign in 2010, the Democratic Party of Illinois contributed $1.23 million, almost half his total. This year, the Party contributed $550,000 on Oct. 16.
Most of the contributions received by Kilbride's campaign have come from outside his district. In the third quarter, 90% of the $1.9 million in contributions and transfers came from sources in or near Chicago and St. Louis.
Kilbride, however, received support from other organizations, including the Illinois State Bar Association, which recommended voters retain Kilbride for another 10 years on the court.
The ISBA said Kilbride has “championed access to justice for all” and led efforts to increase transparency during his time on the Supreme Court.