A legal battle is brewing in Chicago that pits judicial authority against the First Amendment. On Wednesday, the Liberty Justice Center filed a federal civil rights lawsuit on behalf of James R. Brown, a retired Cook County judge who claims he was unceremoniously stripped of his post for sharing his personal opinions while off the clock.
“I’m grateful to the Liberty Justice Center for representing me in my pursuit of justice and defending my constitutional rights of free speech. I did not receive any due process and I look forward to having my position on the bench restored,” said Judge James R. Brown.
The saga began in December 2025. After an 18-year career on the bench, Brown was called out of retirement by the Illinois Supreme Court to help tackle a backlog of cases.
But the homecoming was short-lived. Just six weeks into his return, the court vacated his appointment. The reason? A podcast appearance and an opinion column Brown had contributed to months earlier, during his time as a private citizen.
The removal followed a wave of pressure from the Cook County Bar Association and the Chicago Council of Lawyers, who voiced concerns over the content of Brown’s speech. While the Illinois Supreme Court eventually released an unsigned statement confirming that Brown’s public comments were the catalyst for his removal, the lawsuit alleges the justices skipped the rulebook to make it happen.
Under the Illinois Constitution, there are very specific ways to remove a sitting judge: impeachment or a formal public hearing via the Illinois Courts Commission.
Brown’s legal team argues that because he was denied a hearing or even basic notice, his Fourteenth Amendment right to due process was ignored. Furthermore, the suit claims that the Illinois Code of Judicial Conduct is being unconstitutionally applied to retired citizens, effectively “muzzling” them from engaging in public discourse long after they’ve hung up their robes.
“By removing Judge James Brown from the bench, the justices of the Illinois Supreme Court chose politics over the rule of law,” said Brendan Philbin, Senior Counsel at the Liberty Justice Center. “In a frantic rush to obey the partisan directives of the Cook County Bar Association and Chicago Council of Lawyers, the justices ignored the Illinois Constitution and trampled on the First Amendment rights of Judge Brown. Considering Judge Brown’s long career of judicial service, he deserves better.”
The case, Brown v. Neville, et al., was officially logged in the U.S. District Court for the Northern District of Illinois. It now leaves the federal court to decide whether a judge’s past words as a civilian can legally cost them their seat on the bench.
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