Senate approves new ethics watchdog over objections of ethics commission chair

The Illinois Senate has approved former federal Judge Michael McCuskey to fill the role of legislative inspector general, the head ethics watchdog at the Statehouse.

The Senate voted 37-17 on Wednesday for McCuskey's appointment with Sen. Sue Rezin, R-Morris, voting "present." The resolution moved to the House.

Controversy has swirled the inspector general selection since the last person in the position, Carol Pope, announced her resignation citing a lack of authority to do the job.

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The legislative inspector general investigates allegations of corruption, sexual misconduct and other ethical breaches among members of the General Assembly and state employees in the legislative branch.

The Legislative Ethics Commission, a bipartisan group of mostly lawmakers responsible for recommending candidates to fill the inspector general role, has been unable to find consensus on a nominee. Four Democrats and four Republicans make up the commission.

Democrats, who have a majority in the Senate, bypassed the commission Wednesday.

"The position of legislative inspector general is too important to stay vacant for as long as it has," said Senate President Don Harmon, D-Oak Park. "An impasse is not an option, so we are taking decisive action to move forward with an excellent candidate."

Republican Sen. Jil Tracy, of Quincy, chaired the commission that has worked with a search committee to find a replacement for Pope. She strongly objected to McCuskey's nomination.

"What purpose is it that we put the search committee in the statute if it's not to be the one to make the recommendation?" said Tracy.

The tense debate around McCuskey's nomination coalesced along partisan lines.

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"The process, however well-intentioned, has failed, with four members of the legislative ethics commission consistently refusing to advance candidates to the floor," said Harmon. "We want a well-qualified legislative inspector general. Judge McCuskey fills the bill. I dare you to vote no."

Republicans criticized that McCuskey did not go through a search committee that included civilians to identify potential replacements, a process outlined in law.

"The person responsible for investigating lawmaker misconduct and corruption is about to be hand chosen by the very people he's supposed to be watching," said Senate Republican Leader Dan McConchie, R-Hawthorn Woods.

The legislative inspector general job has been vacant since Pope left Jan. 6, more than a year earlier than her term would have expired in June 2023. She announced in July plans to resign citing frustration with the lack of authority to investigate malfeasance and dissatisfaction with the General Assembly's ethics reform bill passed in 2021. She called the office calling the office a "paper tiger."

When Pope took over in March 2019, the legislative inspector job had been open four years.

Under laws passed in 2017, the legislative ethics commission can recommend potential legislative inspector general candidates to the General Assembly for approval.

McCuskey did not go through the process but instead was presented to the Senate directly by Harmon on Wednesday.

The legislative ethics commission received information about McCuskey on Monday. Tracy said she interviewed McCuskey for the first time on Wednesday, hours before the vote.

"Judge McCuskey is a fine individual and has a great career as a jurist," said Tracy.

But she still took issue with McCuskey's nomination for not going through the hiring process outlined in the statute.

"We don't want to stall the process, we just want it done correctly," said Tracy.

Democrats defended the choice to select McCuskey and not rely on the commission.

"This is a good, decent, honest man," said Dave Koehler, D-Peoria. "If I was ever going to go astray and act in ways that are ethically not consistent with this body, Judge McCuskey would not hesitate to hold me accountable."

President Bill Clinton nominated McCuskey to a federal judgeship. He was confirmed and served in the Central District of Illinois from 1998 to 2013. Previously, he was an Illinois circuit and appellate court judge as well as a public defender in Marshall County.

McCuskey also served as a member of the Illinois Supreme Court’s Commission on Professionalism and as the chair of the Illinois State University Board of Trustees.

While a judge, McCuskey ran for election as a Democrat. Since 2018, he has donated to the Democratic Party of Illinois and contributed to the elections campaigns of Rep. Lindsey LaPointe, D-Chicago, Rep. Jehan Gordon-Booth, D-Peoria, Rep. Ryan Spain, R-Peoria, and state Treasurer Michael Frerichs, a Democrat. He has also donated to local races in and around Peoria. All of his donations have been under $500, according to records from the state board of elections.

Contact Andrew Adams: aadams1@gannett.com; (312)-291-1417; twitter.com/drewjayadams.

This article originally appeared on State Journal-Register: New ethics watchdog approved by Illinois Senate, Republicans cry foul