Illinois Supreme Court Chief Justice Won't Comment On Motion For Justices' Recusal In Gun Ban Case

By Greg Bishop | The Center Square

ILLINOIS — The chief justice of the Illinois Supreme Court won’t comment on a motion for two of the seven justices on the bench to recuse themselves in a case challenging Illinois’ gun ban.

Gov. J.B. Pritzker gave more $1 million each to then-justice candidates Elizabeth Rochford and Mary O’Brien. Now seated on the bench of seven, Rochford and O'Brien are set to hear a challenge of the gun ban Pritzker signed Jan. 10.

The plaintiffs in the case have filed a motion for Rochford and O’Brien to recuse themselves from proceedings because of “unreasonably large campaign contributions” and other issues.

During a House Appropriations Committee hearing Tuesday, state Rep. Brad Halbrook, R-Shelbyville, asked Illinois Supreme Court Chief Justice Mary Jane Theis about the issue.

“They were just recently elected, is that correct,” Halbrook asked.

“That’s right,” Theis said.

“You think they’ll do the right thing and recuse themselves in relationship to the gun-ban case,” Halbrook asked.

“There are motions pending before the court as we speak and at this point I’m not going to make any comment on those motions until they’ve been decided,” Theis said.

Some past statements from the then-candidates and now justices have surfaced.

Nearly a year ago, before the November 2022 election, Rochford addressed with the American Constitution Society how to ensure impartiality by acknowledging a higher standard.

“Just that appearance of bias is a dangerous thing that undermines the credibility of our judicial system,” Rochford said.

Illinois’ gun ban and registry does not apply to active and retired police, and others in the law enforcement and security industries, something plaintiffs say violates equal protections.

It’s unclear when a decision will be made on the motion for the justices to recuse themselves. The case is set to be heard in mid-May. Separately, a consolidated federal challenge of the gun ban is set for April 12.

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