Labor & Employment Law Daily Wrap Up, LITIGATION NEWS, TRENDS—Illinois Supreme Court’s removal of recalled judge spurs lawsuit, (Feb 24, 2026)

By Patricia K. Ruiz, J.D.

The Liberty Justice Center alleges the judge was removed in retaliation for his political commentary while he was a private citizen.

The Liberty Justice Center has filed a federal civil rights lawsuit on behalf of retired Cook County Judge James R. Brown, alleging that the Illinois Supreme Court unconstitutionally removed him from a judicial recall appointment in retaliation for political commentary he made while a private citizen. Brown, who served 18 years on the Cook County Circuit Court before retiring in 2020, was recalled to the bench in December 2025 but removed just six weeks later without notice or hearing. The lawsuit asserts that the court’s actions—taken after bar groups objected to Brown’s September 2025 op-ed and podcast appearance—violated his First Amendment and Fourteenth Amendment rights.

Removal. According to the complaint and the LJC’s press release, the Cook County Bar Association and Chicago Council of Lawyers urged Brown’s removal based solely on his prior commentary, and the Illinois Supreme Court subsequently vacated his appointment in a one-sentence order. An unsigned statement from the Court later acknowledged that Brown’s speech motivated the decision. The LJC argues that the Illinois Constitution permits removal of a sitting judge only through impeachment or after a notice-and-hearing process before the Illinois Courts Commission—procedures the justices bypassed.

Restriction of political speech. The LJC further contends that the justices “chose politics over the rule of law” by exceeding their constitutional authority and punishing speech that Brown made months before applying for recall service, at a time when he was not subject to judicial conduct rules. The lawsuit also challenges what LJC describes as an unconstitutional attempt to restrict the political speech of retired judges more broadly, warning that such an approach would chill protected expression for the hundreds of Illinois judges who have retired in recent years.

Performance. The complaint also highlights that Brown had a spotless disciplinary record, consistently strong bar evaluations, and no performance issues during his short recall assignment. It notes that throughout his earlier 18-year tenure, bar associations repeatedly recommended him for retention and praised his fairness, punctuality, and judicial temperament. During his December 2025—January 2026 recall service in Traffic Court, Brown received no complaints from litigants, attorneys, or colleagues regarding bias, impartiality, or courtroom conduct. The complaint argues these facts underscore that his removal was driven entirely by protected speech rather than any professional deficiency.

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