Joe Birkett
Encyclopedia
Joseph E. Birkett is the DuPage County
State’s Attorney and former Republican
nominee for Illinois Lieutenant Governor
with running-mate Judy Baar Topinka
. Birkett has been State’s Attorney since October 1, 1996 when he was appointed to fill the vacancy left by Anthony Peccarelli. He has been appointed to serve on the Illinois Appellate Court
effective in December 2010.
. 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 1988 to 1986, 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.
against Democrat
Lisa Madigan
. Madigan defeated Birkett in the November 7, 2002 General Election
with 50 percent of the vote to Birkett’s 47%.
named Birkett as her running mate on 9 December 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.
, 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.
published an editorial calling the state's attorney's disorderly conduct
charges against two war protestors "heavy-handed". The editorial opined:
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.
DuPage County, Illinois
As of the 2010 Census, the population of the county was 916,924, White Americans made up 77.9% of Dupage County's population; non-Hispanic whites represented 70.5% of the population. Black Americans made up 4.6% of the population. Native Americans made up 0.3% of Dupage County's population...
State’s Attorney and former Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
nominee for Illinois Lieutenant Governor
Lieutenant Governor of Illinois
The Lieutenant Governor of Illinois is the second highest executive of the State of Illinois. In Illinois, the lieutenant governor and governor run on a joint ticket, and are directly elected by popular vote. Candidates for lieutenant governor run separately in the primary from candidates for...
with running-mate Judy Baar Topinka
Judy Baar Topinka
Judy Baar Topinka is the Illinois State Comptroller and former Illinois State Treasurer, having served as Treasurer from 1995 to 2007, and former chairwoman of the Illinois Republican Party. She was the first woman to become state treasurer, first to be elected to three consecutive terms and the...
. Birkett has been State’s Attorney since October 1, 1996 when he was appointed to fill the vacancy left by Anthony Peccarelli. He has been appointed to serve on the Illinois Appellate Court
Illinois Appellate Court
The Illinois Appellate Court is the court of first appeal for civil and criminal cases arising in the Illinois Circuit Courts. Three Illinois Appellate Court judges hear each case and the concurrence of two is necessary to render a decision. The Illinois Appellate Court will render its opinion in...
effective in December 2010.
Biography
Birkett is one of 10 children on Chicago’s West sideNear West Side, Chicago
The Near West Side, one of the 77 defined community areas of Chicago, is located , adjacent to the downtown central business district . The rich history of the Near West Side of Chicago has its genesis in the Hull House phenomenon...
. 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
North Central College
North Central College is a leading liberal arts college providing students at different stages of life and from different ethnic, economic and religious backgrounds with comprehensive educational programs.-Academics:...
, where he earned a B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
in Political Science
Political science
Political Science is a social science discipline concerned with the study of the state, government and politics. Aristotle defined it as the study of the state. It deals extensively with the theory and practice of politics, and the analysis of political systems and political behavior...
and English
English studies
English studies is an academic discipline that includes the study of literatures written in the English language , English linguistics English studies is an academic discipline that includes the study of literatures written in the English language (including literatures from the U.K., U.S.,...
in 1977. He received his Juris Doctor
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from John Marshall Law School
John Marshall Law School (Chicago)
The John Marshall Law School is a law school in Chicago, Illinois, that was founded in 1899 and accredited by the American Bar Association in 1941. The school was named for the influential nineteenth century U.S. Supreme Court Chief Justice John Marshall....
in 1981, where he placed first in the Intramural Moot Court
Moot court
A moot court is an extracurricular activity at many law schools in which participants take part in simulated court proceedings, usually to include drafting briefs and participating in oral argument. The term derives from Anglo Saxon times, when a moot was a gathering of prominent men in a...
Competition.
He was the Assistant State’s Attorney of Dupage County from 1981 to 1985, Chief of Major Crimes Unit from 1988 to 1986, 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
Wheaton, Illinois
Wheaton is an affluent community located in DuPage County, Illinois, approximately west of Chicago and Lake Michigan. Wheaton is the county seat of DuPage County...
and attends St. Daniel The Prophet Catholic Church in Wheaton. His brother-in-law is George Wendt
George Wendt
George Robert Wendt III is an American actor, best known for the roles of Norm Peterson and Tug Clarke on the television shows Cheers and Modern Men.-Early life:...
, who is married to Birkett’s sister Bernadette.
2002 run for Attorney General
In 2002, Birkett ran for Illinois Attorney GeneralIllinois Attorney General
The Illinois Attorney General is the highest legal officer of the state of Illinois in the United States. Originally an appointed office, it is now an office filled by election through universal suffrage...
against Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
Lisa Madigan
Lisa Madigan
Lisa Madigan has been the 41st Attorney General of the US state of Illinois since 2003, when she became the first female attorney general for Illinois...
. Madigan defeated Birkett in the November 7, 2002 General Election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
with 50 percent of the vote to Birkett’s 47%.
2006 run for Lieutenant Governor
Judy Baar TopinkaJudy Baar Topinka
Judy Baar Topinka is the Illinois State Comptroller and former Illinois State Treasurer, having served as Treasurer from 1995 to 2007, and former chairwoman of the Illinois Republican Party. She was the first woman to become state treasurer, first to be elected to three consecutive terms and the...
named Birkett as her running mate on 9 December 2005. On March 21, 2006, he defeated Steve Rauschenberger
Steve Rauschenberger
Steve Rauschenberger served as a Republican member of the Illinois State Senate from 1993 to 2007. He was first elected to the state Senate in 1992...
, Sandy Wegman, and Lawrence Bruckner in the Republican Party
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
’s primary. Topinka also won her primary race. In the November 7, 2006 General Election, Democrats Rod Blagojevich
Rod Blagojevich
Rod R. Blagojevich is an American politician who served as the 40th Governor of Illinois from 2003 to 2009. A Democrat, Blagojevich was a State Representative before being elected to the United States House of Representatives representing parts of Chicago...
and Pat Quinn
Pat Quinn (politician)
Patrick Joseph "Pat" Quinn III is the 41st and current Governor of Illinois. He is a member of the Democratic Party. Previously elected three times to statewide office, Quinn was the sitting lieutenant governor and became governor on January 29, 2009, when the previous governor, Rod Blagojevich,...
defeated Topinka and Birkett, as well as the Green Party’s
Illinois Green Party
The Illinois Green Party is a statewide political party in Illinois.The party is affiliated with the Green Party of the United States. Its stated mission and purpose are to advance the Ten Key Values of the Green Party in Illinois through political means and to support individual members and the...
Rich Whitney
Rich Whitney
Rich Whitney is an Illinois politician and civil rights attorney who was the Illinois Green Party's nominee for Governor of Illinois in the elections of 2006 and 2010. During the 2006 campaign Whitney received endorsements from several newspapers, including the Rockford Register Star, Southwest...
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 is stepping down. He will be sworn in on December 13, 2010.Rolando Cruz case
In 2002 Birkett's role in the wrongful prosecution of Rolando CruzRolando Cruz case
In February 1985, a Hispanic man from Aurora, Illinois named Rolando Cruz and a co-defendant were tried, convicted, and sentenced to death for the 1983 kidnapping, rape, deviant sexual assault and murder of 10-year old Jeanine Nicarico in DuPage County Circuit Court despite the fact that the police...
, 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 SunNaperville Sun
The Naperville Sun is a newspaper based in Naperville, Illinois. It is published six days a week, Sunday through Friday. It is owned by the Sun-Times Media Group, formerly Hollinger, a group that includes the Chicago Sun-Times, the Aurora Beacon News, the Joliet Herald News, the Elgin Courier News...
published an editorial calling the state's attorney's disorderly conduct
Disorderly conduct
Disorderly conduct is a criminal charge in most jurisdictions in the United States. Typically, disorderly conduct makes it a crime to be drunk in public, to "disturb the peace", or to loiter in certain areas. Many types of unruly conduct may fit the definition of disorderly conduct, as such...
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.