In an unfolding saga which has revealed the interconnectedness within the Illinois judiciary, famed criminal attorney and long-time Chicago Alderman Ed Burke has managed to evade the usual disciplinary measures following a conviction. Dubbed as a “city hall shakedown,” Burke was found guilty of racketeering, bribery, and attempted extortion in 2023 owing to his unlawful conduct of blocking permits in exchange for tax appeal works directed towards his firm, Klafter & Burke.
The consequences following such a notorious conviction normally lead to an interim suspension requested by the Attorney Registration and Disciplinary Commission. In this case, however, the Illinois Supreme Court is unable to act due to a rather untimely obstacle. A majority of state supreme court justices have retired themselves from the case, leaving the court without a quorum and thereby incapable of hearing Burke’s case. The reason behind this startling development traces back to Burke’s familial ties – his wife Anne Burke had served on the Illinois Supreme Court until 2022.
As the ABA Journal notes, four out of the seven justices are necessary for a quorum in Illinois. Meanwhile, four justices were in service during Anne Burke’s tenure, but it remains unclear as to which justices have chosen to recuse themselves. Court spokesperson Christopher Bonjean explains that the state does not possess a mechanism to tackle such a scenario, unlike other state constitutions that allow for substitutions. This unique Constitutional lacking has been described by Civic Federation President Joe Ferguson as “a most Chicago- most Illinois of absurdities.”
This peculiar circumstance has underscored the power dynamics present within the Illinois judiciary. As recalled, Burke formerly oversaw the judicial slate-making process within the Cook County Democratic Party, a position that furnished him with immense power in shaping the Cook County judiciary and promoting justices for the Supreme Court.
In light of these revelations, lawyer Chris Gair, defending Burke, stated that his client has been inactive in the legal field for years, that he is no longer associated with the firm and is willing to retire permanently from the bar. Sentencing is to follow in June, after which a second petition for Burke’s suspension can be instigated by the Illinois Attorney Registration and Disciplinary Commission.
It is worth reflecting that Burke is the 38th member of the Chicago City Council to be criminally convicted since 1968. This situation reaffirms the enduring necessity for unyielding vigilance and transparency within the judicial system.