Retired Cook County Circuit Judge James R. Brown has initiated a federal lawsuit against the justices of the Illinois Supreme Court, alleging that his removal from the bench violated his constitutional rights. The lawsuit, filed on February 19, 2026, in the U.S. District Court for the Northern District of Illinois, contends that the justices deprived Brown of due process by terminating his temporary judicial assignment without a formal hearing.
Brown’s reinstatement to the bench in December 2025 was intended to address a shortage of judges in Cook County. However, his tenure was abruptly ended following the publication of an opinion column in September 2025, where he criticized “draconian Covid lockdowns,” “Fauci lies,” and the use of “lawfare” against former President Donald Trump. The column, published on the John Kass News blog, led to public outcry and calls for his removal from the bench.
The Cook County Bar Association and the Chicago Council of Lawyers publicly called for Brown’s removal, citing concerns about his impartiality and adherence to the Illinois Code of Judicial Conduct. The Illinois Supreme Court subsequently vacated Brown’s assignment, stating that his comments “clearly violate” judicial conduct rules requiring judges to promote public confidence in the judiciary. The court noted that Brown’s remarks were not disclosed during his application process.
In his lawsuit, Brown argues that the justices’ actions were politically motivated and that he was denied due process. He asserts that his First Amendment rights were infringed upon, as his comments were made while he was a private citizen and not serving in a judicial capacity. The lawsuit seeks reinstatement to the bench and a declaration that his removal was unconstitutional.
This case raises significant questions about the balance between a judge’s right to free speech and the judiciary’s interest in maintaining public confidence and impartiality. Legal experts suggest that the outcome could have broader implications for judicial conduct and the limits of political expression by members of the judiciary.
The Illinois Supreme Court has not issued a public response to the lawsuit. The case is expected to proceed in the coming months, with potential ramifications for judicial conduct standards and the interpretation of constitutional rights within the judiciary.