The defendant had belted "his ex-girlfriend’s white brother at her apartment in Hoffman Estates in May. But Lindsey told police he was provoked by being called the N-word," according to Mihalopoulos's article.
A link in the WBEZ article will take you to the complete transcript of the July 18 sentencing hearing (this link will also work). Here is an excerpt from Judge Schwind's remarks (pp. 15-16):
THE COURT: What he said was an ignorant thing to say. The bigger man would just walk away.A further excerpt from Mihalopoulos's article:
THE DEFENDANT: I was in my home, sir, I couldn't just walk away.
* * *
THE COURT: You, sir, are -- that's an ignorant term to use. To insult someone that way. That's an ignorant term to use. All you are asking to do is get your lip busted. And that's what happened. This is the epitome of what the situation is in our society today. You take offense to a word that you, you were never a slave, but you take offense to it. And I understand that. But the bigger man walks away. You don't resort to violence. That's why society because people resort to violence. They let words hurt them in a way that they shouldn't. And you, sir, use terms that are, that insight (sic) violence. That's, that's ignorance. That's stupidity. And you reacted to it. You fell for the trap. Be above that. Be above it.
After hearing cases Wednesday in Courtroom 101 in the Rolling Meadows branch, Schwind declined to comment.
But on Thursday, the spokesman for Chief Judge Timothy Evans told WBEZ that the court system’s executive committee will review the matter at its Oct. 3 meeting.
The spokesman, Pat Milhizer, added that judges must abide by an Illinois Code of Judicial Conduct rule stating, “A judge shall perform judicial duties without bias or prejudice.”
Dartesia Pitts, the immediate past president of the Cook County Bar Association, said Schwind’s comment shows the need for greater diversity on the bench.
“It was totally unnecessary for the judge to make this commentary on the record at all relating to slavery,” Pitts said.
I love the fact that the press spokesman for Judge Evans was quoted about ethics re bias and prejudice. Isn't that politically correct? So I assume from this brief report, that when one calls or is alleged to call any ethnic, religious, or sexually oriented person a derogatory name, then serious violence is acceptable. So my progressive friend, can I slap the offender, knife him or shoot him? I am very offended by the derogatory term and now I'm enabled and empowered to physically cripple the offender for my intolerance of the offender's stupid and grossly demeaning free speech. Really?
ReplyDeleteYou may not like Judge Schwind's finding of non-violence, you may not agree with his rationale, but where do you assume bias or prejudice when he finds that hostile words do not justify physical violence or physical injury. Before the CJ's hand picked executive committee judges him, perhaps they should back off and defer to judge's attempt to limit or minimize violence instead of pandering to various bar groups like Ms Pitts that use PC offenses to merely advance their political position or agenda.
Another example of the liberal criminal defense bar trying to confuse the issues by attacking the judge. Evans is notoriously SCARED of any form of publicity that he perceives to be negative, regardless of whether that perception is grounded in reality. Schwind will be sent to judges jail for the sake of appreance that “corrective action” has been taken. Schwind, in turn, will eat it or vote with his feet assuming he has the retirement years in. It is a win-win for Evans who can then enjoy another AJ vacancy to fill. But then the judges with the real power — former ASA’s — will vote in another of theirs and tell Evans to pound sand. Ultimately, Evans will be dethroned in 2019 because the women are done with his patronizing balogna and they have the votes. All Hail Chief Judge Propes!
ReplyDeleteEvans is a coward with no philosophy apart from self preservation; so the constituency (i.e., voting circuit judges) that has the most votes will dictate whether Schwind stays or goes. This has nothing to do with right or wrong, much less, justice or fairness.
ReplyDeleteWhy is everyone ignoring the fact that what he said was inappropriate. You know the part about not being a slave, yes that. I agree, hostile words do not justify physical violence but just make a ruling and keep the unnecessary comments to yourself Judge. No he shouldn't go because of the comment but we cant continue to ignore these types of things.
ReplyDeleteSo a white judge inappropriately mentions that a black defendant was never a slave, thereby ignoring the wide-ranging implications of such a statement (ie the lasting and present effects of that former institution on the black community), and some members of the legal community see no problem? Consider the following- anti-Semitic skinhead calls Jewish woman a k-word b-word. She, accordingly, kicks the skinhead in the groin, causing one of his testicles to erupt. In convicting the Jewish woman for battery, the presiding black judge tells the Jewish woman that she didn’t behave like a lady and besides, she was not personally a Holocaust survivor, so she should be the bigger person and walk away from people like the skinhead. If you think the expected comments to this post are visceral, imagine the shortened career span of said black judge. Think about the scenario for a few minutes before reacting, people. Think.
ReplyDeleteYes, Think about the Jewish woman scenario above. You hit the nail on the head. “You were never yourself a holocaust survivor” is the same as “you were never a slave”. It’s about having GOOD JUDGMENT and this comment, Judge Schwind, and to all of his supporters, is completely uncalled for and inappropriate. Make your ruling and that’s it. You revealed your ignorance and prejudice in that one comment. Time for you to retire.
ReplyDeleteClapps has retired. Schwind will be followInto him shortly. Bye, dick.
ReplyDelete