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      Joseph E. Birkett (born February 13, 1955) is an appellate court judge on the Illinois Appellate Court – Second District. He was appointed by the Illinois Supreme Court in December 2010, and was subsequently elected to a full term in November 2012. His current term runs through December 2032. Prior to being elevated to the bench, Justice Birkett was the State's Attorney of DuPage County, an office he had held since 1996.


      Biography


      Birkett is one of 10 children on Chicago's West side. His father died when he was 13. He attended St. Phillip High School, and Aurora Central Catholic High School where he was football team captain and Most Valuable Player. He went on to attend North Central College, where he earned a B.A. in Political Science and English in 1977. He received his Juris Doctor from John Marshall Law School in 1981, where he placed first in the Intramural Moot Court Competition.
      He was the Assistant State's Attorney of Dupage County from 1981 to 1985, Chief of Major Crimes Unit from 1986 to 1988, Deputy Chief of Criminal Division from 1986 to 1991, Chief of Criminal Division from 1991 to 1996, and has served as DuPage County State's Attorney since then. He was first elected in November 1996, then re-elected in 2000 and 2004.
      Birkett gained national attention when he prosecuted Marilyn Lemak in 1999 for the murders of her three children. Lemak is currently serving a life sentence.
      He has been married to Patricia Hill since July 9, 1977, and has two children, Nick and Jackie. He is a resident of Wheaton and attends St. Daniel The Prophet Catholic Church in Wheaton. His brother-in-law is George Wendt, who is married to Birkett's sister Bernadette.


      = 2002 run for Attorney General

      =
      In 2002, Birkett ran for Illinois Attorney General against Democrat Lisa Madigan. Madigan defeated Birkett in the November 7, 2002 General Election with 50% of the vote to Birkett's 47%.


      = 2006 run for lieutenant governor

      =

      Judy Baar Topinka named Birkett as her running mate on December 9, 2005. On March 21, 2006, he defeated Steve Rauschenberger, Sandy Wegman, and Lawrence Bruckner in the Republican Party's primary. Topinka also won her primary race. In the November 7, 2006 General Election, Democrats Rod Blagojevich and Pat Quinn defeated Topinka and Birkett, as well as the Green Party's Rich Whitney and Julie Samuels.


      = Appellate Court Judge

      =
      On November 2, 2010, the Illinois Supreme Court appointed Joe Birkett to serve as Appellate Court Judge on the Second District Appellate Court, replacing Justice Jack O'Malley, who retired. He was sworn in on December 13, 2010.


      Controversy




      = Rolando Cruz case

      =

      In 2002 Birkett's role in the wrongful prosecution of Rolando Cruz, subsequently exonerated by DNA evidence in the murder of 10-year-old Jeanine Nicarico, was partly responsible for his loss to Democrat Lisa Madigan in the race for Illinois attorney general.


      = 2007–08 Prosecution of Iraq War protesters

      =
      On July 18, 2007, The Naperville Sun published an editorial calling the state's attorney's disorderly conduct charges against two war protestors "heavy-handed". The editorial opined:It is hard to believe that the criminal charges against Sarah M. Hartfield, 45, of Naperville and Jeff Zurawski, 39, of Downers Grove are not at least to some extent politically inspired in nature...We also suspect that had the banner read "Support Bush and Cheney" instead of "Impeach Bush and Cheney – LIARS" the situation would have been viewed a little differently.
      Supporters of the defendants staged three rallies at the DuPage County courthouse. The charges were dropped when the chief witness failed to appear in court. Jeff Zurawski called the prosecution "vindictive" and requested a public apology.


      References




      External links


      Official website at the Wayback Machine (archived August 20, 2013)

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    Joe Birkett - Wikipedia

    Joseph E. Birkett (born February 13, 1955) is an appellate court judge on the Illinois Appellate Court – Second District. He was appointed by the Illinois Supreme Court in December 2010, and was subsequently elected to a full term in November 2012.

    Birkett, Joseph E. | State of Illinois Office of the Illinois ...

    During his career as DuPage County State’s Attorney, Justice Birkett was elected President of the Illinois State’s Attorneys Association and Chairman of the Board of Governors of the Office of the State’s Attorney Appellate Prosecutor.

    Joseph Birkett - Ballotpedia

    Nov 8, 2022 · Joseph Birkett is a judge of the Illinois 2nd District Appellate Court. He assumed office in 2010. His current term ends on December 6, 2032. Birkett ran for re-election for judge of the Illinois 2nd District Appellate Court. He won in the retention election on November 8, 2022.

    History of the Office - DuPage County, Illinois

    Joseph Edward Birkett, 1996-2010. Joe Birkett was appointed state's attorney in October 1, 1996, a few days before his election to the first of four terms as state's attorney.

    Former GOP Official Turned Judge Upholds Prtizker Restaurant ...

    Nov 6, 2020 · Judge Joe Birkett signed the opinion reversing the decision that allowed FoxFire steakhouse to stay open. Birkett was the Republican State’s Attorney in DuPage County from 1996 to 2010 when he was appointed to the appeals court. He ran for Attorney General in 2002, falling to Democrat Lisa Madigan.

    Birkett Steps Down As Top DuPage Prosecutor - CBS Chicago

    Dec 11, 2010 · Joe Birkett has stepped down as DuPage County state's attorney. Friday was his last day on the job. Next week he will be sworn in as an Illinois appellate justice.

    Joe Birkett news - Today’s latest updates - CBS Chicago

    Oct 18, 2010 · DuPage County State's Attorney Joseph Birkett has been appointed to the Second District Appellate Court effective Dec. 13. DuPage County has indicted a man for rape, accusing him of assaulting a...

    DuPage County State's Attorney Named Appellate Judge

    Nov 3, 2010 · Joe Birkett, DuPage County State's Attorney since 1996, said he has accepted an Illinois Supreme Court appointment to fill a seat on the Second District Appellate Court.

    For ex-boxer Birkett, it’s bout of his life – Chicago Tribune

    Oct 13, 2002 · Joe Birkett took the stage at the Drury Lane Theatre in late August with a dozen comedians, including his brother-in-law George Wendt, the rotund, beer-swilling Norm from the hit TV...

    The Birkett rules: Stall and stall – Chicago Tribune

    Dec 2, 2002 · DuPage County State’s Atty. Joe Birkett spent much of his fall campaign for attorney general scolding his Democratic opponent, Lisa Madigan, for “using a horrible tragedy for political gain.” He...