# Joe Birkett

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{{short description|American politician and attorney}}
{{Use mdy dates|date=July 2019}}
{{Infobox officeholder
 | honorific_prefix = 
 | name             = Joe Birkett
 | honorific_suffix = 
 | image            = 
 | alt              = 
 | caption          = 
 | office           = Judge of the [Illinois Appellate Court](/source/Illinois_Appellate_Court) from the 2nd District
 | term_start       = December 2010
 | term_end         =  <!--Can be repeated up to 16 times by changing the number-->
 | nominator        =  <!--Can be repeated up to 16 times by changing the number-->
 | appointer        = [Illinois Supreme Court](/source/Illinois_Supreme_Court)
 | predecessor      = [Jack O'Malley](/source/Jack_O'Malley_(Illinois_politician))
 | successor        =  <!--Can be repeated up to 16 times by changing the number-->
 | office1          = [State's Attorney](/source/District_attorney) of [DuPage County](/source/DuPage_County%2C_Illinois)
 | term_start1      = October 1, 1996
 | term_end1        = December 13, 2010  
 | predecessor1     = Anthony Peccarelli  
 | successor1       = Bob Berlin 
 | alma_mater       = [North Central College](/source/North_Central_College) ([BA](/source/Bachelor_of_Arts))<br>[John Marshall Law School](/source/University_of_Illinois_Chicago_School_of_Law) ([JD](/source/Juris_Doctor)) 
 | birth_date       = {{Birth date and age|1955|02|13}}
 | birth_place      = 
 | death_date       = 
 | death_place      = 
}}
'''Joseph E. Birkett''' (born February 13, 1955) is an appellate court judge on the [Illinois Appellate Court](/source/Illinois_Appellate_Court) – Second District.  He was appointed by the [Illinois Supreme Court](/source/Illinois_Supreme_Court) in December 2010, and was subsequently elected to a full term in November 2012. His current term runs through December 2032.<ref>[https://ballotpedia.org/Joseph_Birkett "Joseph Birkett"], ballotpedia.org. Retrieved December 25, 2023.</ref>  Prior to being elevated to the bench, Justice Birkett was the [State's Attorney](/source/State's_Attorney) of [DuPage County](/source/DuPage_County%2C_Illinois), an office he had held since 1996.<ref>{{cite web | url=https://www.dupagecounty.gov/elected_officials/state_s_attorney/about_us/history_of_the_office.php | title=History of the Office }}</ref>

==Biography==
Birkett is one of 10 children on [Chicago's West side](/source/Near_West_Side%2C_Chicago). 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](/source/North_Central_College), where he earned a [B.A.](/source/Bachelor_of_Arts) in [Political Science](/source/Political_Science) and [English](/source/English_studies) in 1977. He received his [Juris Doctor](/source/Juris_Doctor) from [John Marshall Law School](/source/John_Marshall_Law_School_(Chicago)) in 1981,<ref>{{cite web|url= http://www.jmls.edu/directory/trustees-board/|title= Board of Trustees|publisher= The John Marshall Law School|accessdate= December 26, 2013|archive-date= May 9, 2019|archive-url= https://web.archive.org/web/20190509011348/https://www.jmls.edu/directory/trustees-board/|url-status= dead}}</ref> where he placed first in the Intramural [Moot Court](/source/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{{update after|2016|9|16}}. He was first elected in November 1996, then re-elected in 2000 and 2004.

Birkett gained national attention when he prosecuted [Marilyn Lemak](/source/Marilyn_Lemak) in 1999 for the murders of her three children. Lemak is currently serving a life sentence.<ref>{{cite news|url=https://www.chicagotribune.com/suburbs/naperville-sun/news/ct-nvs-marilyn-lemak-murders-anniversary-st-0303-story.html|title=20 years ago, Marilyn Lemak killed her 3 children in their Naperville home. The case still haunts law enforcement|work=Naperville Sun|author=Suzanne Baker|date=March 2, 2019|access-date=March 4, 2019}}</ref>

He has been married to Patricia Hill since July 9, 1977, and has two children, Nick and Jackie. He is a resident of [Wheaton](/source/Wheaton%2C_Illinois) and attends [St. Daniel The Prophet Catholic Church](/source/Wheaton%2C_Illinois) in Wheaton.  His brother-in-law is [George Wendt](/source/George_Wendt), who is married to Birkett's sister Bernadette.<ref>{{cite web |url=https://www.imdb.com/name/nm0083579/bio |title = Bernadette Birkett - Biography - IMDb| website=[IMDb](/source/IMDb) }}</ref>

===2002 run for Attorney General===
In 2002, Birkett ran for [Illinois Attorney General](/source/Illinois_Attorney_General) against [Democrat](/source/Democratic_Party_(United_States)) [Lisa Madigan](/source/Lisa_Madigan). Madigan defeated Birkett in the November 7, 2002 [General Election](/source/2002_United_States_elections) with 50% of the vote to Birkett's 47%.

===2006 run for lieutenant governor===
{{main|2006 Illinois state elections}}
[Judy Baar Topinka](/source/Judy_Baar_Topinka) named Birkett as her running mate on December 9, 2005. On March 21, 2006, he defeated [Steve Rauschenberger](/source/Steve_Rauschenberger), Sandy Wegman, and Lawrence Bruckner in the [Republican Party](/source/Republican_Party_(United_States))'s primary. Topinka also won her primary race. In the November 7, 2006 General Election, Democrats [Rod Blagojevich](/source/Rod_Blagojevich) and [Pat Quinn](/source/Pat_Quinn_(politician)) defeated Topinka and Birkett, as well as the [Green Party](/source/Illinois_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](/source/Jack_O'Malley_(Illinois_politician)), who retired. He was sworn in on December 13, 2010.<ref>{{cite news| url=http://www.chicagotribune.com/news/chi-ap-il-birkett-appellate,0,855655.story | work=Chicago Tribune | title=Topic Galleries}}</ref>

==Controversy==

===Rolando Cruz case===
{{Expand section|date=February 2009}}
In 2002 Birkett's role in the [wrongful prosecution of Rolando Cruz](/source/Rolando_Cruz_case), subsequently exonerated by DNA evidence in the murder of 10-year-old [Jeanine Nicarico](/source/Jeanine_Nicarico), was partly responsible for his loss to Democrat Lisa Madigan in the race for Illinois attorney general.<ref>{{cite news|first=Andy |last=Shaw |title=Topinka taps DuPage County state's attorney as running mate |url=http://abclocal.go.com/wls/story?section=news/local&id=3728424 |archiveurl=https://web.archive.org/web/20110604030404/http://abclocal.go.com/wls/story?section=news%2Flocal&id=3728424 |publisher=abc7chicago.com |date=December 15, 2005 |accessdate=February 23, 2009 |archivedate=June 4, 2011 |url-status=dead }}</ref> During his office's prosecution of Rolando Cruz, the lead detective in the case resigned in protest that prosecutors were proceeding against innocent men. https://wwws.law.northwestern.edu/legalclinic/wrongfulconvictions/exonerations/il/alejandro-hernandez.html Yet, DuPage County prosecutors persisted in their prosecution. After four years of arduous litigation, the Illinois Supreme Court reversed Cruz's conviction in 1994, and granted him a third trial. Prior to that trial, newly available DNA testing excluded Cruz as the perpetrator, instead linking another man to the crime. Even so, Birkett's office refused to drop the case. Finally, during the trial, a police officer admitted that he had lied under oath in relation to testimony about Cruz's purported statement that lead to the charges. After hearing all of the prosecution's evidence, the trial judge directed a verdict of not guilty.https://wwws.law.northwestern.edu/legalclinic/wrongfulconvictions/exonerations/il/alejandro-hernandez.html

===2007–08 Prosecution of Iraq War protesters===
On July 18, 2007, The ''[Naperville Sun](/source/Naperville_Sun)'' published an editorial calling the state's attorney's [disorderly conduct](/source/disorderly_conduct) charges against two war protestors "heavy-handed". The editorial opined:<blockquote>It is hard to believe that the criminal charges against Sarah M. Hartfield, 45, of [Naperville](/source/Naperville) and Jeff Zurawski, 39, of [Downers Grove](/source/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.<ref>{{cite news|url=http://www.suburbanchicagonews.com/napervillesun/news/opinions/472152,6_4_NA18_EDITORIAL_S1.article|title=Charges too severe against those who hung banner|date=July 18, 2007|work=The Naperville Sun}}</ref><ref>{{cite news|url=http://www.chicagotribune.com/news/local/chi-both_banner_17jul17,1,302607.story?coll=chi-news-hed|title=2 face new charges in political-banner case|author=Art Barnum|date=July 17, 2007}}</ref><ref>{{cite news|title=New charges in war protest arrests|work=Chicago Daily Herald|date=July 17, 2007}}</ref></blockquote>
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.<ref>{{cite news|url=http://archives.chicagotribune.com/2008/aug/20/local/chi-protesters-both-21-aug21|title=DuPage judge drops charges in war protest|work=Chicago Tribune|author=Art Barnum|date=August 21, 2008|page=5 Metro}}</ref>

==References==
{{Reflist}}

==External links==
*{{Webarchive|url=https://web.archive.org/web/20130820032931/http://www.joebirkett.com/|title=Official website|date=August 20, 2013}}

{{authority control}}
{{s-start}}
{{s-ppo}}
{{s-bef|before=[Jim Ryan](/source/Jim_Ryan_(politician))}}
{{s-ttl|title=[Republican](/source/Republican_Party_(United_States)) nominee for [Attorney General of Illinois](/source/Illinois_Attorney_General) |years=[2002](/source/2002_Illinois_Attorney_General_election)}}
{{s-aft|after=Stewart Umholtz}}
{{s-bef|before=[Carl Hawkinson](/source/Carl_Hawkinson)}}
{{s-ttl|title=[Republican](/source/Republican_Party_(United_States)) nominee for [Lieutenant Governor of Illinois](/source/Lieutenant_Governor_of_Illinois)|years=[2006](/source/2006_Illinois_gubernatorial_election)}}
{{s-aft|after=[Jason Plummer](/source/Jason_Plummer_(politician))}}
{{s-end}}

{{DEFAULTSORT:Birkett, Joe}}
Category:1955 births
Category:Living people
Category:Judges of the Illinois Appellate Court
Category:Illinois Republicans
Category:People from Wheaton, Illinois
Category:North Central College alumni
Category:Politicians from Chicago
Category:District attorneys in Illinois
Category:University of Illinois Chicago School of Law alumni

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Adapted from the Wikipedia article [Joe Birkett](https://en.wikipedia.org/wiki/Joe_Birkett) by Wikipedia contributors ([contributor history](https://en.wikipedia.org/wiki/Joe_Birkett?action=history)). Available under [Creative Commons Attribution-ShareAlike 4.0 International](https://creativecommons.org/licenses/by-sa/4.0/). Changes may have been made.