Wednesday, September 16, 2020

Chicago Council of Lawyers finds eight jurists Well Qualified for retention, one Highly Qualified

Yesterday, the Chicago Council of Lawyers released its ratings for Cook County judicial candidates seeking retention on the November ballot. (That's a link to the Council's full report in the preceding sentence.)

This year, there are two Appellate Court justices seeking new 10-year terms and 60 Circuit Court judges seeking new 6-year terms. Well... 58 or 59 of the 60 are seeking new 6-year terms, depending on how you count.

But, before trying to explain that, we must point out that a few of these 60 Circuit Court judges are also sitting on the Appellate Court. However, in order to remain on the Appellate Court they must first be retained as Circuit Court judges. (Six of the First District Appellate Court's 24 members are Circuit Court judges assigned to the Appellate Court by the Illinois Supreme Court.)

The CCL found only one of these jurists not qualified for retention.

The one exception is Judge Mauricio Araujo who, the Council reports, did not participate in the evaluation process. The Judicial Inquiry Board is pursuing a complaint against Araujo before the Illinois Courts Commission. He currently is assigned to administrative duties (or, as it is more colloquially stated, he is languishing in "judges' jail").

The Council also reported that Judge Patricia Martin informed the Alliance of her intention to retire. But she did not withdraw in time; her name will appear on the retention ballot. So that makes 59 Circuit Court judges really seeking retention. You'll have to stay with me all the way to the end to see how we get to 58.

Meanwhile, let's accentuate the positive:

The Council found eight jurists, including one of the two Appellate Court justices seeking retention, "Well Qualified."

The Appellate Court justice rated "Well Qualified" for retention is Mary K. Rochford.

The seven Circuit Court judges rated "Well Qualified" by the Council are Cynthia Y. Cobbs, Patrick K. Coughlin, James P. Flannery Jr., Robert E. Gordon, Pamela E. Loza, Lewis Michael Nixon, and Shelly Sutker-Dermer.

Cobbs and Gordon are currently serving on the Illinois Appellate Court, pursuant to assignment by the Illinois Supreme Court. In case you were wondering about the apparent digression, above.

The Council reserved its highest rating, "Highly Qualified," for only one judge seeking retention to the Circuit Court. But that requires further explanation.

So, first, the Council's statements about each of the jurists found "Well Qualified":

Mary K. Rochford -- Well Qualified

Present Judicial Duties

Judge, Illinois Appellate Court, First District, Fifth Division

Elected Associate Judge by Circuit Court in 1991, elected to the Circuit Court in 2006, elected to the Appellate Court in 2010
Prior to being elected to the Appellate Court in 2010, Justice Rochford was an Associate Judge in 2001 and was elected to the bench in 2006. She has served in the Chancery Division, and had also been assigned to the Law Division in the Second Municipal District where she presided over bench and jury trials involving both civil and criminal law matters. Before becoming a judge, she was in private practice and then worked for the Chicago Department of Law in the Appeals Division, where in 1985 she rose to the position of Chief Assistant Corporation Counsel. Justice Rochford serves as chair of the Illinois Supreme Court Access to Justice Commission and serves on the Supreme Court’s Committee on Equality. She is praised for her extensive career as a trial and appellate judge, and as a person working for improving access to the courts for all persons. She is highly praised for her preparedness and for the quality of her opinions. She is also praised for her integrity and for being exceptionally hard-working. The Council finds her Well Qualified for retention to the Appellate Court.

Cynthia Y. Cobbs -- Well Qualified

Present Judicial Duties

Illinois Appellate Judge, First District, Third Division

Appointed as Judge to the Circuit Court in 2011, elected to the Circuit Court in 2014, assigned to the Appellate Court in 2015
Cynthia Y. Cobbs was admitted to practice in 1988. In 2014, she was appointed to the First District Appellate Court, and she remains in that position. Originally, appointed as a Circuit Court Judge in 2011 and then elected in 2014, her previous judicial duties included Forcible Entry and Detainer (2012-2015), Civil Jury Trials (2014), Pro Se Court (2012-2013), Small Claims/Debt Collector/Breach of Contract (2012), and Traffic Court (2011). Prior to becoming a judge, she served in a variety of positions at the Supreme Court of Illinois’s Administrative Office of the Illinois Courts, including Director of (2002-2011), Chief Legal Counsel (1999-2002), and Secretary to the Supreme Court Rules Committee (1997-1999). She is a member of a number of bar associations, including the Illinois State Bar Association, the Black Women Lawyer Association, and the Illinois Judicial Council, where she has served as Chair (2018-2019).

Judge Cobbs lacked litigation experience when she took the trial court bench, but has since established herself as both a solid trial court jurist and as an appellate court judge. She is praised for her legal ability and for always being prepared. She is reported to have good temperament. She is also praised for the quality of her written decisions. The Council finds her Well Qualified for retention to the Circuit Court.

Patrick K. Coughlin -- Well Qualified

Present Judicial Duties

Judge, Circuit Court, Sixth Municipal District

Elected to the bench in 2014
Judge Patrick K. Coughlin was elected to the bench in 2014. He was admitted in 1996. Prior to becoming a judge, he served as a career Cook County Assistant State’s Attorney. Lawyers express respect for Judge Coughlin’s legal knowledge and ability. He is reported to be hard-working and shows patience toward those before him, including those unrepresented by legal counsel. He is praised for his courtroom management skills. He was also praised for his initiatives in helping the Markham courthouse respond to the pandemic. The Council finds him Well Qualified for retention to the Circuit Court.

James P. Flannery, Jr. -- Well Qualified

Present Judicial Duties

Presiding Judge, Circuit Court, Law Division, Trial Section

Elected to the Circuit Court in 1988
Prior to becoming a judge, Hon. James P. Flannery worked as assistant corporation counsel in municipal and federal litigation for the City of Chicago until 1980, when he was hired as an associate attorney for Murphy, Preston & Jaffe. Judge Flannery worked in corporate, real estate, and labor law for two years before establishing a general practice as an associate at John T. Mitchell & associates. In 1984 Flannery worked as a solo practitioner maintaining his general practice before being hired as chief assistant attorney general where he was assigned to the Land Acquisition division in 1985.

Judge Flannery’s current assignment is Presiding Judge of the Law Division, where he has served since January, 2014 and supervised approximately 50 judges in the Law Division. His administrative duties include handling assignment and motion calls, as well as hearing contested motions involving the Law Jury section, Motion section, Commercial section, Tax and Miscellaneous section, and Individual calendar section of the Law Division of the Circuit Court. Previous judicial assignments include an assignment to the Law Division, Jury Section in 1997, where he presided over jury trials primarily involving personal injury and commercial cases. Before that, Judge Flannery spent 5 years assigned to the Criminal Division of the Circuit Court of Cook County where he heard every type of felony case, including death penalty cases, with as many as 300 cases on his docket at any given time.

Judge Flannery is considered to have very good legal ability and an excellent knowledge of the law. He has introduced improvements in the Law Division. He is praised for his administrative function, as well as for his performance as a trial judge. He is reported to offer thorough and accurate legal analysis of often complex issues and is reported to serve as a mentor to many other judges. He is also praised for his fairness and integrity. He has an excellent demeanor and many respondents noted that he treats all parties fairly while having a calm yet effective temperament. The Council finds him Well Qualified for retention.

Robert E. Gordon-Well Qualified

Present Judicial Duties

Illinois Appellate Judge, First District, Fourth Division

Appointed Circuit Court Judge in 1996; elected to the Circuit Court in 2002; appointed to the Illinois Appellate Court in 2006.
Prior to becoming a judge, Hon. Robert Gordon spent 5 years working as an Associate Partner doing Insurance Defense work at Gordon & Brustin, followed by 10 years as a Partner and Insurance Defense litigator for Gordon Brustin. He then spent another 5 years as a Partner at Gordon, Schaefer, & Gordon, Ltd. where he represented both plaintiffs and defendants in litigation. Gordon then became President of Gordon & Gordon, Ltd. where he spent 15 years in General Litigation.

Justice Gordon is currently a Circuit Court judge sitting by appointment by the Illinois Supreme Court to the Illinois Appellate Court, First District since 2005. Prior judicial assignments also included presiding over jury cases as a Jury trial Judge in the Law Division at Richard Daley Center, and presiding as a Jury Trial judge in the Municipal Division.

Justice Gordon is considered to be a highly knowledgeable Appellate Court Justice who is praised for the quality of his written opinions and for the quality of his questioning during oral argument. He is considered to be exceptionally hard-working and prepared. He is widely praised for his temperament and for his integrity. He was also praised as an excellent trial judge before 2005. The Council finds him Well Qualified for retention to the Circuit Court.

Pamela E. Loza -- Well Qualified

Present Judicial Duties
Judge, Circuit Court, Domestic Relations Division, Calendar 99

Elected Circuit Judge in 2008
Prior to becoming a judge, Hon. Pamela Loza was a partner at Loza & Associates, Ltd., where handled mostly divorce and criminal cases in numerous counties in Illinois. She also spent time as partner at Cameron, Loza & Associates and Cameron, Loza and Walsh, P.C. from 1987-2002 and 1984-1987 respectively. As an associate at Marder & Seidler Ltd. she practiced in divorce and criminal court after four years working as a Cook County assistant state’s attorney.

Judge Loza is currently assigned to the Domestic Relations Division. Judge Loza is considered to have very good legal ability and is described as being very knowledgeable about the law. She is praised for her courtroom management skills and for being fair and respectful to all parties. She has participated in major efforts to bring about systemic reform of the Domestic Relations Division. The Council finds her Well Qualified for retention to the Circuit Court.

Lewis Michael Nixon -- Well Qualified

Present Judicial Duties

Supervising Judge, Circuit Court, Chancery Division, Calendar 53
Mortgage Foreclosure / Mechanics Lien Section

Elected Associate Judge by Circuit Judges in 2001; elected to the Circuit Court in 2002.
Prior to becoming a judge, Hon. Lewis Nixon was regional counsel for the United States Department of Housing & Urban Development from 1983 until 2002. Before that, Judge Nixon was a trial attorney for the Burlington Northern Railroad Council Law Department until 1983, after which he was an associate at Conklin &Adler from 1979-1980. Judge Nixon began his professional career as an assistant to the Northern District of Illinois State’s Attorney from 1975 to 1979. He became an Associate Judge in 2001 and was elected to the bench in 2002. Judge Nixon is currently the Supervising Judge of the Mortgage Foreclosure/ Mechanics Lien Section of the Chancery Division. Judge Nixon’s previous judicial assignments included sitting at the Chancery division hearing Mechanics Lien cases until 2008, when he was appointed Supervising Judge. Judge Nixon is considered to have very good legal ability and is exceptionally knowledgeable about the law. He is praised for his courtroom management. He is reported to be fair to all parties and treats everyone with respect. The Council finds him Well Qualified for retention to the Circuit Court.

Shelley Sutker-Dermer -- Well Qualified

Present Judicial Duties

Presiding Judge, Circuit Court, Second Municipal District

Appointed Circuit Court Judge in 1995; elected to the Circuit Court in 1996
Prior to becoming a judge, Hon. Shelley Sutker-Dermer served as an Assistant Cook County State’s Attorney. Judge Sutker-Dermer is currently the Presiding Judge of the Second Municipal District. Judge Sutker-Dermer was appointed to the bench by the Illinois Supreme Court in 1995 and was elected in 1996. Judge Sutker-Dermer is considered to have very good legal ability and respondents to this evaluation say she is as doing an excellent job as Presiding Judge. She is praised as being fair to those who are in her courtroom. She is described often as polite but no-nonsense on the bench and is praised for her courtroom management. Lawyers report that it is their perception that the Skokie Courthouse (Second Municipal District) runs efficiently. The Council finds her Well Qualified for retention to the Circuit Court.
Now... about the one judge rated "Highly Qualified" by the Council for retention on the Circuit Court.

Michael B. Hyman, the jurist thus singled out by the CCL, is another of those Circuit Court judges who has been serving, by appointment, on the Illinois Supreme Court. But, when Justice Charles E. Freeman retired from the Illinois Supreme Court, and the Supreme Court appointed Appellate Court Justice P. Scott Neville, Jr. in his stead, Justice Hyman, who had already been assigned to duty on the Appellate Court, was reassigned to Justice Neville's vacancy. But this assignment came with an end-date: It would expire when Justice Neville's successor was elected and sworn in.

Justice Hyman has since become the unopposed candidate for election to the Neville vacancy on the Appellate Court. A race in which the Council also rates him "Highly Qualified."

So the Council is saying that Hyman is highly qualified for retention on the Circuit Court. But he almost certainly will not be returning to the Circuit Court bench. Which is why I said only 58 of the Circuit Court judges on the retention ballot are really seeking retention.

4 comments:

Anonymous said...

Patricia Martin. Not Pamela.

Jack Leyhane said...

Sorry. My error.

Fixed now.

Anonymous said...

She is praised for the quality of her law clerk’s written decisions, it should say.

Jack Leyhane said...

Oh, look. Someone's law clerk has joined us. Good morning.