SPRINGFIELD – Illinois Judges who undergo a single evaluation of their work and conduct no matter how long they serve might undergo a series of evaluations starting Jan. 1, the Supreme Court announced on Dec. 6.
The Justices provided for evaluation as often as every fifth year.
They also created an exception to a confidentiality rule so tight that Supreme Court Justices can’t read evaluations.
They will read evaluations under certain circumstances after Jan. 1.
The rule applies to the future, and evaluations now under seal will stay that way.
Fifth District Appellate Court Justice Barry Vaughan led a committee that recommended the change with 22 members all in favor.
He said evaluations will address improvement rather than discipline.
The evaluation committee includes 15 judge members; the others are court personnel and attorneys, but not litigants.
Vaughan said a judge presides at least three years before evaluation. The process involves a judge and a facilitator going over an evaluation.
He said he has been a facilitator since 2012, and the vast majority of evaluations are positive.
Under the rule as amended, he said, “If something is brought to the attention of a chief judge, the chief judge can request a copy.
“The chief judge can point to the prior evaluation and say, what’s going on right now? Hopefully it’s a positive thing and not a whip.”
The Court’s rule continues to state that, “The program must be conducted candidly and in strict confidence so that evaluations may be based on objective criteria and the areas for improvement determined fairly.”
It provides an exception if a chief judge has reason to believe a judge’s conduct negatively affects court operations or public confidence and the judge continues to fail to perform duties or comply with a directive of the chief judge.
A chief judge may request an evaluation from the Supreme Court, which can grant or deny the request.
Granting access to a chief judge will result in access for the Supreme Court.
The Supreme Court can also obtain and review evaluations at its discretion.