Birkett seeking appellate court post

DuPage County State's Attorney Joe Birkett wants to bang his gavel at the appellate court level.

After saying he might seek a spot in the DuPage circuit court that's coming open, Birkett instead announced plans to seek an appointment to a pending 2nd District Appellate Court vacancy.

Birkett has long said he envisioned ending his career as an appellate court judge or a state Supreme Court justice. However, the two-time Republican statewide political office nominee wouldn't rule out running for an elected office in the future if appointed to the appellate court.

“My intent is to serve on the appellate court and see where that job takes me, he said. “If I'm not appointed, my plan is to run for this seat in two years.

The 55-year-old longtime prosecutor said he contacted Illinois Supreme Court Justice Bob Thomas about his interest in filling an appellate court vacancy created by the pending retirement of Judge Jack O'Malley. Thomas told Birkett to apply, but Birkett said the justice gave him no indication about the possibility of his appointment.

O'Malley has served on the appellate court since being elected in 2000. He served as Cook County's state's attorney from 1990 to 1996, according to the court's website.

Birkett has come under fire recently for his desired jump to the bench. He believes critics are unfairly characterizing the move as having a monetary benefit. Despite rumors to the contrary, Birkett said he does not need to become a judge before Jan. 1, 2011, to avoid a pension reform law that would keep him from collecting his state's attorney pension while earning a salary as a judge. Birkett and state officials said the reform law doesn't apply to Birkett.

Birkett makes no apologies for his plans to draw his pension if appointed to the appellate court. He notes that more than 70 former state's attorneys from around the state currently serve as judges and likely draw pensions. There also are a number of former public defenders receiving judicial paychecks and collecting government pensions, he said.

“If you earned the pension, you earned the right to collect it, he said. “It's a pension that I've been paying into for nearly 30 years.

Birkett said he is “excited about the possible shift in careers. He said the appellate court particularly interests him because of the “camaraderie of working with other judges to make decisions. He said another reason the appellate court suited him was that he would be able to continue serving on a number of legal advisory committees.

“I feel very comfortable that my skill set will meet the demands of the job, he said. “On the appellate court, you're really making the law and interpreting the law for the entire state.