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Burke Not Likely To Recuse Herself From Emanuel Case

CHICAGO (WBBM) -- Indications from the state Supreme Court are that Justice Anne Burke has not recused herself from the residency case of mayoral candidate Rahm Emanuel.

A spokesman said Tuesday afternoon that the justices would review Monday's Illinois Appellate Court ruling that Emanuel does not meet the residency requirement to run for mayor of Chicago and should be removed from the ballot.

There had been some speculation that Justice Burke might step aside on this case. Justice Burke is the wife of Chicago City Council Finance Committee Chairman Ed Burke, who is supporting Gery Chico for mayor.

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Court spokesman Joe Tybor says that in the orders issued by the court there was no indication that any justice had recused himself or herself.

Typically, if a justice chooses not to participate it would be indicated in orders issued by the court in the case.

So it would seem to indicate that all seven justices will decide the case, and that would mean there would not be a tie vote.

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