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Illinois Judges: Who Picks the Next One?

Illinois, USAThursday, January 15, 2026
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In Illinois, judges have a unique way of choosing their successors. When a judge steps down, other judges often pick who will fill the vacant seat. This is not a new practice. It has been part of the state's constitution since 1970.

Judge Mary Jane Theis and Her Replacement

Mary Jane Theis, a judge from Chicago, is about to retire. She has been in office for many years. Her replacement, Sanjay Tailor, will serve until 2028. But Tailor must win an election to keep the seat beyond that year.

The Selection Process

The Illinois Supreme Court has the power to fill vacancies. But the court does not share many details about the selection process. For example, it does not say who nominated Tailor or if all judges agreed on the choice.

Lower Courts Follow Similar Process

This practice is not limited to the Supreme Court. Lower courts also follow a similar process. For instance, when a judge in the 11th Circuit retires, another judge is chosen to take their place.

Elected Officials with Influence

Judges in Illinois are elected officials. They must campaign and face voters. But they also have the power to influence who will replace them. This can lead to a situation where the same party keeps winning elections. It can also make people feel that the government serves itself more than the public.

Changing the System

The current system is written in the Illinois Constitution. Changing it is not easy. It requires a statewide vote. Since 1974, only 15 out of 26 proposed changes have passed. The last time Illinois voters considered a new constitution was in 2008. They rejected the idea.

Calls for Overhaul

Some people believe the entire electoral process needs a major overhaul. They argue for a complete reset, from how candidates get on the ballot to how vacancies are filled. However, changing the system is challenging. Those in power may resist changes that could reduce their influence.

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