Litigation

Recusal Issue Raised in Emanuel Residency Appeal

By Peter Hardin

Justice Ann Burke of the Illinois Supreme Court (photo at left) appears unlikely to disqualify herself from hearing former White House Chief of Staff Rahm Emanuel’s residency appeal, although some have called on her to do so.

Justice Burke’s husband is Ed Burke, a Democratic Chicago alderman who has backed former Chicago Public Schools board president Gery Chico for mayor, according to a Politico article.

The state’s top court said Tuesday it will decide whether Emanuel (photo at right) can run for mayor, the Associated Press reported. An appeals court earlier found that he had not lived in Chicago for a year before the election and ordered his name removed from the ballot.

According to a Chicago Business blog, Justice Burke rejected the idea of recusing herself from the case. “Aren’t we beyond that? Women have minds of their own,” she said. “We have spouses in every kind of business.”

She is one of seven jurists on the Illinois Supreme Court. No rules govern when or why a justice must recuse, Politico said. The article said some commentators and politicians have urged that she step aside from the case in order to avoid the appearance of a conflict of interests.

Full post as published by The Gavel on January 26, 2011 (boomark / email).