BENTON, IL - Questions are being raised about whether a retired federal judge can serve as a member of the Southern Illinois University's (SIU) board of trustees.
Judge Phil Gilberts, 66, who retired from his federal judgeship in March 2014 and was nominated by Gov. Rauner to serve as a trustee of SIU, says there's no problem serving on the board while continuing to hear federal cases and receiving an annuity equal to an active federal judge's salary.
"I continue to work here in this district to help with the case load, but I'm not sure people understand that I'm working for free," the judge said Thursday.
However, while hearing cases, the judge receives an annuity that is equal to full pay.
Therein lies the rub. The Southern Illinois University Board of Trustee's charter says in Section 4 that anyone employed by the state or federal government is banned from serving on the board.
"I expected some questions on this," Gilbert told Illinois Review.
Prior to Thursday's one-on-one conversation, his office in Benton Illinois responded to IR's questions about his status, writing: "Judge Gilbert retired from active service on March 15, 2014. Judge Gilbert is a senior judge and receives a pension. Judge Gilbert is not an employee of the federal government."
Appointed to the lifetime position as a federal judge by former President George H.W. Bush in 1992, Gilbert continues to hear cases in his "senior judge" capacity where he volunteers to hear federal civil and criminal cases. He has chosen to stay in the Southern Illinois district although senior status judges are allowed to hear cases in other federal circuits where help may be needed.
His office said:
Under the Constitution of the United States, Judge Gilbert is able to continue to hear cases and render substantial service to the people of the Southern District of Illinois and the United States as a senior judge while receiving a pension from the United States government.
Judge Gilbert's office then pointed to former Southern Illinois University Trustee Don Lowery and compared their services:
[Gilbert's] situation is no different than former board member Judge Don Lowery who received a pension from the State of Illinois, while he served on the SIU Board of Trustees.
Judge Lowery disagreed with Gilbert's explanation.
"I retired as an active judge in 2006, and was appointed to the Board of Trustees in 2011, five years after I stopped hearing cases," Lowery told Illinois Review Thursday. "Judge Gilberts still is able to handle cases and his pension is full pay - an active position for life."
Governor Bruce Rauner did not invite Judge Lowery to serve another term on the board of trustees. Lowery reportedly ruffled political feathers when he challenged Mark Kirk in 2010 in the Republican primary.
Gilbert has his own political ties to the Illinois powers that be. "I was classmates with Senate President John Cullerton and for a time we were college roommates," he said.
In his capacity in the Illinois Senate, Cullerton will oversee Judge Lowery's Board of Trustees confirmation hearings.
Gilbert told Illinois Review that he hasn't heard cases involving SIU in a long time, and will recuse himself in the future if he's confirmed to the board of trustees position.
Governor Bruce Rauner's office chose not to comment.
