Elizabeth Rochford Brings Fresh Trial Experience to Supreme Court and Strengthens Democrats’ Majority
When the Illinois Supreme Court voted 5 to 2 to defeat a challenge against ending cash bail in Illinois on a straight-line party vote, Democrats on the winning side said the results proved their emphasis on winning high court races last November paid off.
One of the newly elected justices, Elizabeth Rochford, said landing on the state’s highest court was never a career goal. “It’s not something I really dreamed of, or planned for. This opportunity presented itself because of the amendment to the court maps creating an open seat for the newly drawn Second District. I received some encouragement to run for this office, which was a little stunning in the beginning because it was again something I never imagined.”
The encouragement for Rochford came from fellow judges and lawyers. She was appointed to the Lake County Court in 2012 as an associate judge and re-appointed throughout the course of her tenure on the bench.
“So I had never run for office before I ran for the Supreme Court. Which was one of the things that made it such an ambitious journey,” said Rochford. Nothing like starting at the top. And she made her electoral debut in a high stakes, big money political battle.
Democrats, who have controlled the court for 50 years and held a 4 to 3 court majority prior to November, cast the election as a referendum on abortion with three seats on the ballot and their majority hanging in the balance. Chief Justice Mary Jane Theis handily won retention in her Cook County district with more than 72% of the vote.
More than $23 million was spent overall in the two sharply contested Supreme Court battles. In the Third District, dominated by DuPage and Will Counties, Appellate Court Justice Mary Kay O’Brien beat Republican Michael Burke, a Supreme Court justice appointed to fill a vacancy, by a narrow 51.1 percent of the vote. And in the Second District, where Lake and Kane counties have the most votes, Rochford defeated Republican Mark Curran, a former Lake County sheriff, with 55 per cent of the vote.
Why did Rochford decide to run? “I realized it was an opportunity I couldn’t pass up for two reasons,” she said. “One was the work I hoped to do on the court. And secondly, the opportunity to be out and on the campaign trail, talking to people about the work of the courts and to be able hopefully to take some of what I’d learned in the local courthouse to the Supreme Court.”
Rochford grew up in Chicago, the daughter of former Chicago police superintendent James Rochford. “I was a teacher first and I loved the classroom. But it was my father who really encouraged me toward getting a law degree. I think he saw something in me that at the time I did not see in myself,” said Rochford.
Rochford received an undergraduate degree from Loyola University and continued her studies at Loyola College of Law. After graduation, she began her legal career working as a clerk in the offices of one of her law school’s biggest benefactors, personal injury attorney Phil Corboy.
From there, Rochford joined the Cook County State's Attorney’s office. “I started in the appeals division, which I loved because I’m by instinct and nature a writer. And then I went to a trial courtroom and just loved it. The opportunity to try cases, learning immediately how to respond and think on my feet. The other states attorneys were like a big family. Also had a wonderful collaborative experience with the public defenders across the aisle. I learned so much from them in the process. Then I worked in felony review,” said Rochford.
In 1990, after four years as a prosecutor, Rochford left to work in private practice. That same year she was appointed as a Court of Claims commissioner, a part-time position.
“I was appointed by Gov. Jim Edgar and served for 23 years. The state can’t be sued in circuit court, it has immunity from prosecution there. So, Claims is a special court created to sue the state of Illinois. I’d hear the cases and write a recommendation for the panel of judges. Ultimately, the judges would enter the court order. It was a great opportunity to learn and hone some judicial-like skills,” said Rochford.
At the same time, Rochford was working as a hearing officer for several northern suburbs, including Skokie, Morton Grove, Lincolnwood, and Glenview, adjudicating local ordinance violations, from parking tickets to health code violations.
Rochford also taught at night in the City Colleges, a passion for the classroom that she said is partly altruistic and partly selfish. “I find students to be so motivating and inspiring and I always walk away learning much more about them than I could ever impart.”
Rochford accepts Illinois’ system of electing judges but acknowledges the never-ending debate about whether that’s the best way to fill judicial roles.
“It’s a perennial question, really what is the best way to have a fair, impartial, independent judiciary? There’s no easy answer. About half the states elect Supreme Court justices and half the states use an alternate method, appointment by the governor, legislature or a combination of those,” said Rochford. “There are concerns about our system but really there’s politics in every method. Wisconsin just had a hotly contested Supreme Court race in which the candidates technically didn’t run associated with political parties, but it was a clearly divided political race. I don’t know if there’s a perfect way to do it. The way we do it in Illinois, I accept it and embrace it.”
Rochford believes most voters are interested in the work of the Supreme Court but don’t know much about it. “People are hesitant to ask because they think it’s maybe things they should know. But that’s not true. You shouldn’t feel intimidated. It shouldn’t be an ivory tower. The function of our court is to serve the residents of our great state. . Knowing and understanding our function is so important,” said Rochford.
Rochford said a little-known fact about Illinois’ Supreme Court is that the justices live together in the court building when court is in session in Springfield.
“Our Supreme Court was built in 1908 and designed with little apartments for the justices to live in on the third floor. We’re the only state Supreme Court in the country that has that opportunity. We share a dining room and we each have a little suite of our own with a bedroom, a bathroom and office. But we all sit down for breakfast, lunch and dinner together. By better knowing each other, understanding each other, and who we are as people helps us to be more collaborative and more civil. We do have differences of opinion on interpretation of the law. But it’s really done in a very respectful, collaborative way. And I think it’s due in significant part to the fact that we’re together like a family, really,” Rochford said.
In addition to hearing cases, the Illinois Supreme Court is also the chief administrative body for all Illinois courts. “So, we do a lot of work developing rules under which courts are run. We have committees and commissions on a great variety of important topics and each justice serves as a liaison to five committees. Our work is broader in scope than most people realize,” said Rochford.
Supreme Court justices are elected for a term of ten years and can be retained for an additional ten-year term.
“I am the only justice who has recently been in the trial court and sometimes that’s a benefit. On occasion my colleagues will look to me because I have the freshest experience in trial court and what we’re doing most often is reviewing what happened at the trial level. In turn, I value their experience on a reviewing court. I’m grateful to bring the perspective of someone who’s most recently been down in the trenches,” said Rochford.
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