Roy Solfisburg
Encyclopedia
Roy J. Solfisburg, Jr. was the Chief Justice of Illinois
Supreme Court of Illinois
The Supreme Court of Illinois is the state supreme court of Illinois. The court's authority is granted in Article VI of the current Illinois Constitution, which provides for seven justices elected from the five appellate judicial districts of the state: Three justices from the First District and...

 for the 1962-63 term and again from 1967 to 1969. Solfisburg was elected to the Illinois Supreme Court in 1960, the first time in the states history, a sitting Justice was defeated by a challenger. This created a political stir having a historically Republican candidate unseat a "Daley Democrat". He served as Chief Justice for the 1962-63 term and in 1967, his colleagues elected him to a 3-year term as Chief Justice. Illinois Senator Everett Dirksen championed Solfisburg for an opening on the U.S. Supreme Court.

Solfisburg's aspirations to the highest court were thwarted following a finding of "an appearance of impropriety" based on Sherman Skolnick
Sherman Skolnick
Sherman Skolnick was a Chicago-based activist.At the age of six, Skolnick was paralyzed by polio, and he used a wheelchair for the rest of his life....

's accusations. The Special Commission found that these accusations were unsubstantiated. Solfisburg and Associate Justice Ray Klingbiel
Ray Klingbiel
Ray I. Klingbiel was the Chief Justice of Illinois in 1956–57, and again from 1964 to 1967. In 1969, while Klingbiel was still sitting on the Supreme Court of Illinois, a major Illinois scandal erupted when conspiracy theorist Sherman Skolnick revealed that Klingbiel and Chief Justice Roy J....

 were accused of corruptly accepting stock from the Civic Center Bank & Trust Company (CCB) of Chicago at the same time that litigation involving the CCB was pending at the Illinois Supreme Court. Solfisburg was in fact found to have purchased his stock while Klingbel had received his stock as a gift or contribution. Solfisburg resigned from the court to run a private legal practice.

Background

Solfisburg was born in Aurora, Illinois
Aurora, Illinois
Aurora is the second most populous city in the U.S. state of Illinois, and the 112th largest city in the United States. A suburb of Chicago, located west of the Loop, its population in 2010 was 197,899. Originally founded within Kane County, Aurora's city limits have expanded greatly over the past...

 in 1912 and attended public school in Aurora. He received his LL.B. from the University of Illinois College of Law in 1940.

Returning to Aurora, Solfisburg served as the city's Corporation Counsel from 1949 to 1953.

Judicial career

In 1953, Solfisburg became a Commissioner of the Illinois Court of Claims. In 1954, he became the Master in Chancery of the Circuit Court
Circuit court
Circuit court is the name of court systems in several common law jurisdictions.-History:King Henry II instituted the custom of having judges ride around the countryside each year to hear appeals, rather than forcing everyone to bring their appeals to London...

 of Kane County
Kane County, Illinois
Kane County is a county located in the U.S. state of Illinois. According to the 2010 census, it has a population of 515,269, which is an increase of 27.5% from 404,119 in 2000. Its county seat is Geneva, and its largest city is Aurora.- Geography :...

. In 1956, he won a by-election held to fill a vacancy in the position of Circuit Judge for the 16th Judicial Division; he was re-elected in 1957. In July 1957, the Illinois Supreme Court appointed Solfisburg to the Appellate Court, Second District; he served as that court's Presiding Judge from 1959 to 1960. In 1960 he was elected by popular vote to The Illinois Supreme Court.

In the wake of Abe Fortas
Abe Fortas
Abraham Fortas was a U.S. Supreme Court associate justice from 1965 to 1969. Originally from Tennessee, Fortas became a law professor at Yale, and subsequently advised the Securities and Exchange Commission. He then worked at the Interior Department under Franklin D...

's resignation, the media mentioned Solfisburg as a possible replacement for Fortas on the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

. Solfisburg, however, soon resigned in circumstances similar to those that forced Fortas to resign. (Senators Everett Dirksen
Everett Dirksen
Everett McKinley Dirksen was an American politician of the Republican Party. He represented Illinois in the U.S. House of Representatives and U.S. Senate...

 and Charles H. Percy
Charles H. Percy
Charles Harting "Chuck" Percy was president of the Bell & Howell Corporation from 1949 to 1964. He was elected United States Senator from Illinois in 1966, re-elected through his term ending in 1985; he concentrated on business and foreign relations...

 both encouraged President Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...

 to appoint Solfisburg to the Supreme Court.)

The 1969 commissions history

In 1969, Sherman Skolnick
Sherman Skolnick
Sherman Skolnick was a Chicago-based activist.At the age of six, Skolnick was paralyzed by polio, and he used a wheelchair for the rest of his life....

, head of the Citizens' Committee to Clean Up the Courts, examined the stockholder records and discovered that both Solfisburg and Justice Klingbiel owned stock in the CCB. This made him suspicious since in People v. Isaacs, the Supreme Court had upheld a dismissal of charges against Theodore J. Isaacs, the general counsel of the CCB and the records showed that the two justices acquired the stock shortly before their decision in Isaacs. Skolnick contacted several members of the media, and the story was broken in the Alton
Alton, Illinois
Alton is a city on the Mississippi River in Madison County, Illinois, United States, about north of St. Louis, Missouri. The population was 27,865 at the 2010 census. It is a part of the Metro-East region of the Greater St. Louis metropolitan area in Southern Illinois...

 Evening-Telegraph before being picked up by all the major papers.

The Illinois House of Representatives
Illinois House of Representatives
The Illinois House of Representatives is the lower house of the Illinois General Assembly, the state legislature of the U.S. state of Illinois. The body was created by the first Illinois Constitution adopted in 1818. The state House of Representatives is made of 118 representatives elected from...

 unanimously voted to appoint a special committee to investigate the matter, but before it could act, the Supreme Court, acting on its "inherent powers" granted a motion filed by Skolnick to appoint a special commission to investigate. (Ironically, the regular commission that investigated judicial malfeasance was chaired by Associate Justice Klingbiel, who was also accused of wrongdoing by Skolnick.) The commission was co-chaired by the president of the Chicago Bar Association and the president of the Illinois Bar Association. They named John Paul Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...

, a private practitioner with a thriving antitrust
Antitrust
The United States antitrust law is a body of laws that prohibits anti-competitive behavior and unfair business practices. Antitrust laws are intended to encourage competition in the marketplace. These competition laws make illegal certain practices deemed to hurt businesses or consumers or both,...

 practice, as their independent counsel, thus setting the stage for Stevens' meteoric rise to the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

.

During the course of the investigation, Stevens discovered that Solfisburg in fact held $14,000 worth of CCB stock. He uncovered many irregularities in which steps were taken to conceal the owners of the stock, most damningly that Solfisburg "appeared" to have established a trust fund to hold the stock solely for the purpose of concealing his ownership from the public record. There was also evidence that Solfisburg had had know Isaacs prior to People v. Isaacs.

The special committee recommended that Solfisburg and Klingbiel (who became involved when Solfisburg suggested to one of Isaacs' associates that CCB should "do something nice" for Klingbiel and CCB subsequently gave stock to Klingbiel) should resign. This led to both the justices resigning from the Illinois Supreme Court.

Later years and family

Following his resignation, Solfisburg returned to private practice in Aurora, taking on his first case (being appointed by a circuit court judge to represent an indigent young man challenging his conviction for burglary) less than a month after his resignation.

In 1971, one of his cases actually took Solfisburg back to the Illinois Supreme Court, this time as a lawyer not a judge. The night before his scheduled argument, Solfisburg had a heart attack
Myocardial infarction
Myocardial infarction or acute myocardial infarction , commonly known as a heart attack, results from the interruption of blood supply to a part of the heart, causing heart cells to die...

 in his hotel. He recovered quickly, though, and soon went on to argue and win the case. He successfully argued before the Illinois Supreme Court again in 1984.

Solfisburg died in April 1991 in Fort Myers, Florida
Fort Myers, Florida
Fort Myers is the county seat and commercial center of Lee County, Florida, United States. Its population was 62,298 in the 2010 census, a 29.23 percent increase over the 2000 figure....

.

Roy currently has extended family living in southern Wisconsin and Illinois.

External links

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