Say “No!” to Terra Costa Howard as an Illinois Circuit Judge

Written by James Odom, Legal Counsel

An urgent matter requires our attention and action (BY 5:00 P.M., THIS FRIDAY)!

We oppose the appointment of Terra Costa Howard who has become an applicant to fill a vacancy which will occur on October 15^th due to the retirement of Circuit Judge Paul Fullerton (18^th Judicial Circuit, covering 7 counties: Kane, DuPage, Will, Kendall, Grundy, cities: Princeton, Ottawa, Morris, Shorewood, Kankakee, Watseka, and Wheaton).

Judge Fullerton currently serves at-large in the 18^th Circuit, District 3, at the DuPage County Courthouse.

To refresh your memory, Representative Costa Howard was the chief sponsor and vigorously lobbied for the tyrannical Homeschool Act, HB 2827 ([1]), infringing the fundamental civil rights of parents to train their own children, in direct opposition to long-established Illinois law, [2] and U.S. Constitutional law, including disrespectfully vilifying opponents who would prevent such government from taking their own fundamental civil rights. [3]

As an Illinois legislator, Costa Howard has earned the reputation of an extreme-left, Marxist, partisan, political ideologue. Strong words? Click HERE for the proof.

ABA Model Rules of Judicial Conduct, 4.1: Political and Campaign Activities of Judges and Judicial Candidates in General, Comment [1], summarizes rationale for deeming Costa Howard unfit for judicial office:

“…a judge plays a role different from that of a legislator or executive branch official. Rather than making decisions based upon the expressed views or preferences of the electorate, a judge makes decisions based upon the law and the facts of every case [Note above, Costa Howard’s as a legislator flouting of state and federal law and Constitutional rights.]. Therefore, in furtherance of this interest, judges and judicial candidates must, to the greatest extent possible, be free and appear to be free from political influence and political pressure.” [Emphasis added.]

Judges are generally expected to maintain impartiality and avoid expressing personal views on ongoing or future cases (this is why we are often frustrated by campaigning judges’ well-intentioned avoidance of our questions). This is to ensure that their decisions remain unbiased and are based solely on the law and evidence presented in court.

As a very political and partisan legislator, Costa-Howard has made it impossible for herself to properly maintain the appearance of, if not actual, judicial impartiality.

She has already expressed, loudly, her personal views on a potential myriad of ongoing and future legal cases, and is therefore not fir to serve as a judge.

Under the Illinois Constitution, the vacancy will be filled by Supreme Court appointment, and it has formed a committee to recommend to them from among 3 candidates. The screening committee was formed for the purpose of assessing the qualifications of those who have applied.

If Costa-Howard is appointed, she will become the incumbent for election in 2026, and after that incumbent election, only removable by disapproval vote.  Odds are, DuPage County, and other parts of the 18^th Circuit, would effectively have a lifetime (hers) of the same unsound leadership and injustice, imported straight from the State Legislature.

When the righteous increase, the people rejoice,
but when the wicked rule, the people groan.
-God, Proverbs 29:2

The Illinois Family Institute, as an organization, intends to file the following public comment in opposition to Costa-Howard:

To the Illinois Supreme Court through the JUDICIAL SCREENING COMMITTEE TO FILL EIGHTEENTH CIRCUIT VACANCY – SUBCIRCUIT 5:

The Illinois Family Institute wishes to publicly oppose the selection of Representative Terra Costa Howard as a replacement for the retiring Honorable Paul Fullerton.

Representative Costa Howard has over many years established herself and her opinions, in a very partisan and political manner, regarding a substantial body of Illinois and federal law upon which she would be called to Judge, in a way that makes it impossible for her to maintain an appearance of judicial fairness and unbiased consideration.

In addition, as an Illinois Representative, she has, rather than being bound by the law as judges are called to be, abused her authority in attempting to bypass higher and existing law rather than change by lawful means, such as Constitutional challenge or amendment process.

These efforts have had the actual impact of unjustly chilling and abridging individual liberties guaranteed by the systems of government of both the State of Illinois and the United States of America.

We respectfully request that you recommend another candidate for this appointment.

The Illinois Supreme Court has expressly invited the public to submit comments on these applicants.  We therefore call upon members of the public interested in Justice in the State of Illinois, particularly those in the 18^th Circuit, to oppose her appointment.

TAKE ACTION: Members of the public are invited to submit written comments concerning the applicants by email to mbutler@illinoiscourts.gov.  Comments must be received no later than 5:00 p.m. on September 5, 2025.

A simple e-mail is appropriate.  (If possible, we recommend requesting and filing for your records, delivery and read receipt notifications from your e-mail software.) Please do submit your comments right away!  Feel free to use any of this article, or our model correspondence (but make it your own, pick the points you think best).

If we make the case in sizable numbers, this has real potential for preventing unfit civil leaders from continuing to hold public office, something Illinois desperately needs!

Footnotes:

[1]    Her record is clear, making her a poster-child for injustice, for example, legalizing Marijuana in direct violation of pre-emptive federal law, directly infringing the fundamental civil right to keep and bear arms, legislating in opposition to federal immigration law, aggressively denying protection from murdering the unborn, etc.  Many of these are the same laws she would be called to rule upon.

[2]    [People v. Levisen, 404 Ill. 574 (1950)]

[3]    How can one even pretend to take a vow to “uphold and defend” a Constitution which one has frequently attempted to illegally overthrow?