ISBA releases narratives for its Cook County judicial retention ratings

Earlier this month, the Illinois State Bar Association released its advisory ratings for the 60 Circuit Court judges and two Appellate Court justices on the November retention ballot.

Today the ISBA released narratives explaining its ratings for each candidate. The complete narratives, positive as well as negative, are available on the ISBA website (if the linked .pdf fails to open, the narratives can be accessed from here).

The ISBA recommends a "yes" vote to retain both Appellate Court Justices Aurelia M. Pucinski and Mary Katherine Rochford and all of the Circuit Court candidates seeking retention -- with four exceptions. (The ISBA also issued no rating for Judge Patricia Manila Martin. She has indicated that she intends to retire, but she did not withdraw from the retention ballot in time.)

These are the explanations issued by the ISBA for the group's four negative ratings.

Mauricio Araujo -- No

Pursuant to ISBA Policy, Judge Mauricio Araujo is found to be not qualified for retention to the Circuit Court of Cook County as a result of his failure to participate in the judicial evaluation process.

Jackie Marie Portman-Brown -- No

Judge Jackie Marie Portman-Brown was admitted to the Illinois bar in 1999. She served as a prosecutor and as General Counsel of the Independent Police Review Authority before her election to the Circuit Court in 2008 and subsequent retention in 2014. As a judge, she was assigned to First Municipal and the Criminal Division from February 2012 until February 2019. She presided over the Deferred Prosecution Court while simultaneously presiding over the Adult Redeploy Illinois Court until its termination in October 2018. In March 2020 she was reassigned to the First Municipal, Administrative Duties pending the resolution of a well-publicized situation that resulted in a complaint being filed with the Judicial Inquiry Board.

Attorneys varied widely in their assessment of her legal knowledge and ability. Some reported that she has good legal knowledge while others reported that she does not know the law or misapplies it. Many raised concerns about her judgment, and there were also concerns about hertemperament, with some describing her as abusive to the courtroom staff and her unorthodox behavior on the bench, including singing and ringing a cowbell. The ISBA finds that Judge Portman-Brown is not qualified for retention to the Circuit Court of Cook County.

John Joseph Mahoney, III -- No

Judge John Joseph Mahoney, III was admitted to the Illinois bar in 1984. Before being elected to the Circuit Court in 2014, he had been a prosecutor and an attorney for Peoples Energy Corporation. Since August 2020 he has been assigned to the Fifth District (Bridgeview) where he currently hears misdemeanor cases. Previously, he was assigned to First Municipal and Traffic.

Attorneys gave positive feedback on his legal knowledge and ability and fairness. Concerns were raised during the investigation about arrogance and a lack of sensitivity to diversity issues. The ISBA finds that Judge Mahoney is not qualified for retention to the Circuit Court of Cook County.

Diana Rosario -- No

Judge Diana Rosario was admitted to the Illinois bar in 1989. After serving as a prosecutor, private practitioner, and as General Counsel for the Chicago Department of Family and Support Services, she was elected to the Circuit Court in 2014. She is currently assigned to Domestic Relations after previously sitting in Child Protection and First Municipal.

While attorneys reported that she is even-keeled, diligent,and fair, there was no consensus regarding her legal knowledge and ability. Some attorneys raised concerns about rulings that were inconsistent with the law, her ability to hear complex cases, and timeliness at issuing written orders, while other described her ability as adequate. The ISBA finds that Judge Rosario is not qualified for retention the Circuit Courtof Cook County.

Judges Araujo and Portman-Brown are both currently assigned to administrative duties (colloquially referred to as "judges' jail") pursuant to actions taken against them by the Circuit Court Executive Committee.

The ISBA narrative for Judge Portman-Brown refers to a complaint having been filed against her with the Judicial Inquiry Board. This may be confusing to some.

As the JIB website notes, anybody can file a complaint against any judge with the JIB. In Judge Portman-Brown's case, the complaint was a publicly-announced "report" to the JIB by the Circuit Court's Executive Committee.

The Illinois Constitution establishes the JIB as the authority to investigate complaints of judicial misconduct by whomsoever initiated. If at least five of the nine members of the JIB believe, after investigation, "that a reasonable basis exists (1) to charge the Judge or Associate Judge with willful misconduct in office, persistent failure to perform his duties, or other conduct that is prejudicial to the administration of justice or that brings the judicial office into disrepute, or (2) to charge that the Judge or Associate Judge is physically or mentally unable to perform his duties," the JIB will file a complaint with the Illinois Courts Commission, another creature of the 1970 Illinois Constitution. The JIB prosecutes the complaints it files before the Courts Commission.

It is the Courts Commission that can impose discipline, up to and including removal from office, against a wayward judge. Unless and until the JIB files a complaint with the Courts Commission, the JIB's investigation is entirely confidential. The JIB has filed a complaint with the Courts Commission against Judge Araujo; at this point, the JIB has not filed any complaint against Judge Portman-Brown.

The Cook County Democratic Party withheld its endorsement of Judge Araujo's retention effort. The other three judges not recommended for retention by the ISBA (Portman-Brown, Mahoney, and Rosario) are endorsed for retention by the Cook County Democratic Party.

The other judge that the Democratic Party has refused to support for the forthcoming election is Judge Michael P. Toomin. With regard to Judge Toomin, the ISBA rating states:

Michael P. Toomin -- Yes

Judge Michael P. Toomin was admitted to the Illinois bar in 1967. He was a private criminal defense attorney before becoming an associate judge in 1980. He was elected to the Circuit Court in 1984, and subsequently retained five times. He has been the Presiding Judge of the Juvenile Justice Division for over ten years; he was also assigned to the Criminal Division and had an interim appointment to the Appellate Court.

Attorneys reported that he is well-respected for his legal ability and knowledge, and extensive experience, fair treatment, and diligence. The ISBA finds Judge Toomin qualified for retention to the Circuit Court of Cook County.

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For additional background, not already linked above, see, "Judge assigned to administrative duties after putting youngster in lockup."