Looking at precedents for judicial discipline

Judicial discipline is in the news these days, what with WBEZ's recent disclosure of a second judge's presence at the scene of (and ownership of the car involved in) a November 2021 collision which resulted in DUI charges against another judge, and the Judicial Inquiry Board's recent filing of a Complaint before the Courts Commission, alleging that a sitting Appellate Court Justice tried to intervene in an appeal involving his nephew.

In this post, earlier today, I predicted that the failure of the second judge to cooperate in the investigation of her colleague, in the absence of a specific statute or ethical provision compelling her cooperation, would probably not result in formal discipline.

Judges who have faced DUI charges, on the other hand, have also faced discipline before the Illinois Courts Commission in ths past. In fact several of the just fewer than 100 cases brought before the Courts Commission (an entity created by the 1970 Illiois Constitution) have involved charges of driving while impaired. Here is a list of those cases and their outcomes:

• 73-CC-6, filed November 19, 1973: Robert D. Law, Circuit Judge, 15th Circuit, Stephenson County. The Complaint alleged three incidents involving driving while intoxicated. Order entered February 21, 1974: Respondent censured;


• 75-CC-3, filed August 21, 1975: Robert A. Sweeney, Associate Judge, Circuit Court of Cook County. The Complaint alleged that Respondent drove while intoxicated, interfered with police investigation, resisted arrest and lawful police processing. Order entered October 30, 1975: Respondent reprimanded;


• 80-CC-4, filed July 11, 1980: John M. Karns, Jr., Appellate Judge, 5th Appellate District. The Complaint alleged that on the night of September 21, 1978, the Respondent was stopped and arrested by an officer of the Caseyville, Illinois police department for driving under the influence of alcohol and weaving from lane to lane. At the time of his arrest and during his subsequent processing, Respondent, after advising the arresting officer that he was a judicial officer, cursed and orally abused the arresting police officer and other police personnel and refused to cooperate with police personnel who were processing him. He further made threats to fight and challenged one or more of the police personnel to engage in such fighting. The following day he aided and abetted violations of Illinois law and participated in the circumvention, frustration and obstruction of the appropriate legal and judicial process whereby the charges would otherwise have been legally and properly adjudicated. As but one aspect of such misconduct, he and his counsel took custody of all pertinent records of his arrest; such records are no longer available and he has never been prosecuted for the charges placed against him on the night of September 21, 1978. Order entered December 17, 1982: Respondent reprimanded;


• 90-CC-1, filed August 16,1990: George H. Ray, Associate Judge, 7th Circuit, Sangamon County. The Complaint alleged that Respondent was arrested for driving under the influence of alcohol and refusing to cooperate with the deputy sheriff. The Respondent stipulated to the facts; as a result, the Courts Commission found Respondent had engaged in conduct bringing the judicial office into disrepute. Order entered October 30, 1991: Respondent reprimanded;


• 99-CC-1, filed June 29, 1999: Edwin A. Gausselin, Associate Judge, Circuit Court of Cook County. The Complaint alleged that Respondent had been drinking alcohol and was under the influence of alcohol at a time when he was stopped by a law enforcement officer, refused to take field sobriety and breathalyzer tests, and volunteered information that he was a member of the judiciary after being detained by police officers. Respondent stipulated to and admitted each of the allegations of fact contained in the Board's complaint. Based upon the Stipulation, the Board and Respondent submitted a joint recommendation that the Illinois Courts Commission impose the discipline of reprimand. Order entered November 18, 1999: Joint Stipulation and Recommendation adopted. Respondent reprimanded;


• 99-CC-2, filed June 29, 1999: Cynthia Raccuglia, Circuit Judge, 13th Circuit, LaSalle County. The Complaint alleged that Respondent had been drinking alcohol and was under the influence of alcohol at a time when she was stopped by a law enforcement officer, that Respondent failed field sobriety tests, and Respondent refused to take a breathalyzer test. The Complaint also alleged that Respondent communicated information to law enforcement officers, which she knew or should have known would be perceived by the officers as an effort to use her judicial office to influence the officers to not charge her with a traffic violation. The Respondent and the Board agreed to a Stipulation of Facts. The Board stipulated that the clear and convincing evidence did not establish that Respondent intended to use her judicial office to influence the actions of the officers. Respondent stipulated to and admitted each of the remaining allegations of fact contained in the Board's Complaint and admitted that she violated the Code of Judicial Conduct. Based upon the Stipulation, the Board and Respondent submitted a joint recommendation that the Illinois Courts Commission impose the discipline of reprimand. Order entered October 9, 2001: Joint Stipulation and Recommendation adopted. Respondent reprimanded;


• 07-CC-1, filed January 22, 2007: Steven L. Nordquist, Associate Judge, 17th Circuit, Winnebago County. The Complaint alleged that on June 30, 2006 Respondent was arrested for driving under the influence of alcohol and was issued citations for driving under the influence of alcohol, driving with an alcohol concentration above .08, and speeding. On July 26, 2006 Respondent pled guilty to driving under the influence of alcohol. Respondent was sentenced to court supervision for a period of twelve months and restricted driving privilege for ninety days, was fined $2300, and was ordered to attend a victim impact panel and complete treatment pursuant to an alcohol evaluation. The speeding violation was dismissed. The Complaint also alleged that Respondent volunteered his status as a judge to the DUI Investigator. Respondent stipulated to and admitted to each of the allegations of fact and each of the alleged violations of the Code of Judicial Conduct as entered into a joint recommendation that the Illinois Courts Commission discipline Respondent with a reprimand. Based upon Respondent's stipulation, the Board and Respondent tendered a joint recommendation that the Illinois Courts Commission discipline Respondent with a reprimand. Order entered August 9, 2007: Stipulation and Joint Recommendation adopted. Respondent reprimanded;


• 07-CC-2, filed October 2, 2007: Jan V. Fiss, Circuit Judge, 20th Circuit, St. Clair County; Patrick Young, Circuit Judge, 20th Circuit, St. Clair County.
  
  The Complaint alleged that on December 3, 2006, Judge Patrick Young drove a car while under the influence of alcohol and was involved in an accident in which the driver of another car sustained injuries. Judge Young received traffic citations for driving while under the influence of alcohol and for failure to yield while turning left. On March 2, 2007, Judge Young was found guilty by stipulated bench trial of the offense of driving under the influence of alcohol; he was sentenced to court supervision for a period of two years; fined $1500; and ordered to complete treatment pursuant to an alcohol evaluation. Judge Young's citation for failure to yield while turning left was dismissed.
  
  The Complaint further alleged that on December 3, 2006, Judge Jan V. Fiss was a passenger in Judge Young's vehicle; was aware that Judge Young was driving the vehicle after Judge Young had been drinking alcohol for much of the day; and illegally transported open alcohol as a passenger in Judge Young's vehicle. On March 20, 2007, Judge Fiss pled guilty to illegal transportation of alcohol by a passenger and was sentenced to court supervision for a period of sixty days and was fined $500.00. In regard to the Board's Complaint against Judge Fiss ("Respondent"), the Board and the Respondent filed a Stipulation and Joint Recommendation wherein Respondent stipulated to and admitted to each of the allegations of fact and each of the alleged violations of the Code of Judicial Conduct as stated in the Board's Complaint. Based upon Respondent's stipulation, the Board and Respondent tendered a joint recommendation that the Illinois Courts Commission discipline Respondent with a reprimand. The Respondent also filed a Submission of Facts in Support of the Joint Stipulation and Recommendation of Reprimand.
  
  Order entered December 20, 2007: Stipulation and Joint Recommendation adopted. Respondent reprimanded.
  
  As to the Board's Complaint against Judge Young ("Respondent"), the Board and the Respondent filed a Stipulation and Joint Recommendation wherein Respondent stipulated to and admitted each of the allegations of fact and each of the alleged violations of the Code of Judicial Conduct as stated in the Board's Complaint. Based upon Respondent's stipulation, the Board and Respondent tendered a joint recommendation that the Illinois Courts Commission discipline Respondent with a reprimand. The Respondent also filed a Submission of Facts in Support of the Joint Stipulation and Recommendation of Reprimand.
  
  Order entered December 20, 2007: Stipulation and Joint Recommendation adopted. Respondents reprimanded;


• 09-CC-1, filed June 3, 2009: Sheila M. McGinnis, Circuit Judge, Circuit Court of Cook County. The Complaint alleged that on May 9, 2008, Judge Sheila M. McGinnis ("Respondent") rear-ended a vehicle at a stoplight, which resulted in damage to the motorist's vehicle; a police officer, who responded to the scene of the accident, detected alcohol on the judge's breath when he attempted to question her. The Complaint also alleged that Judge McGinnis declined to take a field sobriety test at the scene; refused to answer questions; and failed to provide the officer with proof of valid automobile insurance. Judge McGinnis was subsequently arrested for driving under the influence of alcohol and issued citations for driving under the influence of alcohol, failure to reduce speed to avoid an accident, and failure to provide proof of valid insurance. The Complaint further alleged that while at the police station, Judge McGinnis again declined to take a Breathalyzer test. On January 20, 2009, Judge McGinnis pled guilty to driving under the influence of alcohol and she was sentenced to court supervision for a period of eighteen months, fined $1000.00, and ordered to attend a victim impact panel and complete treatment pursuant to an alcohol evaluation. Order entered November 18, 2009: Stipulation and Joint Recommendation adopted. Respondent reprimanded;


• 09-CC-2, filed December 4, 2009: Albert L. Purham, Jr., Associate Judge, 10th Circuit, Peoria County. The Complaint alleges that on June 27, 2009, Judge Albert L. Purham, Jr. drove a car while under the influence of alcohol and was pulled over by a police officer because he was swerving and drifting between lanes. The Complaint also alleges that the officer detected the order of alcohol upon questioning Judge Purham and although he refused to take several field sobriety tests, he offered to take a Portable Breath Test and agreed to take a Breathalyzer test while at the Washington Police Station. Judge Purham was subsequently arrested for driving under the influence of alcohol and was issued citations for improper lane usage, driving under the influence of alcohol, and driving under the influence of alcohol – BrAC over Legal Limit of 0.08. On September 3, 2009, Judge Purham pled guilty to driving under the influence of alcohol and he was sentenced to court supervision for a period of twelve months, fined $750.00, and ordered to complete all required treatment and counseling pursuant to an alcohol evaluation. Order entered September 14, 2010: Stipulation and Joint Recommendation adopted. Respondent reprimanded;


• 10-CC-1, filed September 24, 2010, Kenneth L. Popejoy: Circuit Judge, 18th Circuit, DuPage County. The Complaint alleged that on Tuesday, June 29, 2010, the Respondent, while driving a 2003 Jeep Liberty, struck an unattended parked car and then, with willful and wanton disregard for the safety of persons and property, drove from the scene at a high rate of speed while the passenger-side front tire of his car was nearly off the rim, disobeyed multiple stop signs, and caused a thirteen-year old girl to move away from the road quickly in order to avoid being struck by his car. Order entered May 9, 2012: Respondent suspended without compensation for 60 days;


• 14-CC-1, filed June 20, 2014: Joseph P. Hettel, Circuit Judge, 13th Circuit, LaSalle County. The Complaint alleged that on March 31, 2014, Judge Joseph P. Hettel drove a vehicle while under the influence of alcohol; and while driving under the influence of alcohol on that date, he collided into a parked vehicle, causing significant damage to both vehicles and a nearby utility pole. The Complaint also alleged that at the scene of the accident, Judge Hettel refused to take any field sobriety tests; and he was arrested for driving under the influence of alcohol. Thereafter, the Complaint alleged that Judge Hettel was taken to the Ottawa Police Station, where he refused to take a breathalyzer test and also refused to provide a blood or urine sample. Judge Hettel was subsequently issued citations for driving under the influence of alcohol, failure to reduce speed to avoid an accident, using an electronic communication device while operating a motor vehicle, and improper lane usage.
  
  On May 21, 2014, Judge Hettel pled guilty to driving under the influence of alcohol (the State dismissed the companion citations). The Court sentenced him to court supervision for a period two years; fined him $2,000; required him to complete all recommendations in his DUI evaluation by December 11, 2014; ordered him to attend the drunk Driving Impact Panel; and required that he perform on hundred hours of community service by December 11, 2014. Order entered December 22, 2014: Respondent reprimanded;

No complaint has yet been filed with the Courts Commission by the JIB regarding Associate Judge Mohammed M. Ghouse, but, assuming that will eventually be the case, the foregoing list of Courts Commission precedents may well indicate the sort of discipline he may face.

Appellate Court Justice Shelly Harris has been named as a Respondent in a new case before the Courts Commission; the actual Complaint filed by the JIB is linked above (it follows the press release).

There have not been as many cases before the Courts Commission involving allegations of attempting to influence a matter on behalf of a friend or relative. But there have been some:

• 80-CC-3, filed July 11, 1980: Charles A. Alfano, Associate Judge, Circuit Court of Cook County. The Complaint alleged that on September 5, 1977, in the presence of a group of third party witnesses, who knew that he was a judicial officer, Respondent sought to and did interfere with the performance and fulfillment of a police officer's duties and responsibilities. Having unsuccessfully sought to dissuade the officer from performing certain duties involving the issuance of traffic citations to two youths (one youth being his son), he became angry and thereafter verbally abused and physically assaulted the officer in the presence of such third party witnesses. Following these occurrences all relevant parties assembled at a police facility. At that location and based on apologies, assertions of professional embarrassment and indications of the likelihood of sanctions being imposed on him should criminal charges be filed against him for his misconduct, he sought to compromise the filing of such charges. Despite such efforts, he was criminally charged and later acquitted of such charges.
  
  (During criminal proceedings, the Illinois Supreme Court affirmed confidentiality of the Board's records. See, People ex rel. the Illinois Judicial Inquiry Board v. Hartel, 72 Ill.2d 225; 380 N.E.2nd 801 (1980).) Order entered July 16, 1981: Complaint dismissed. Board's Motion for Reconsideration denied June 8, 1982;


• 96-CC-1, filed September 11, 1996: Steven Vecchio, Associate Judge, 17th Circuit, Winnebago County. The Complaint alleged that Respondent engaged in a pattern of conduct whereby he intervened in a number of matters involving police action on behalf of his personal friends and acquaintances, using his position or status as judge to affect or influence police conduct in matters not before him. Order entered February 19, 1998: Complaint dismissed;


• 97-CC-2, filed September 12, 1997: Harry R. Buoscio and Paul Sheridan, Associate Judges, Circuit Court of Cook County. The Complaint alleged that Judge Buoscio approached Judge Sheridan and discussed with him an overweight truck citation that had been issued to an individual for driving an overweight truck; Judge Buoscio showed Judge Sheridan a copy of the citation and provided Judge Sheridan with written information about the citation. It is also alleged that Judge Sheridan acknowledged to Judge Buoscio that the overweight truck citation was scheduled to be heard in his courtroom. Prior to the court proceeding and dismissal of the citation, it is alleged that Judge Sheridan had ex parte conversation with the Assistant State's Attorney ("ASA") assigned to prosecute the case. It is alleged that during that ex parte conversation, Judge Sheridan provided the ASA with the written information about the case that had been provided to him by Judge Buoscio, asked the ASA to dispose of and dismiss the case, and told the ASA that he was making the request based upon a request that he had received from another judge. Order entered July 29, 1999: Complaint dismissed after Respondents resigned from office;


• 99-CC-3, filed October 26, 1999 (Amended June 6, 2001): Lambros J. Kutrubis, Associate Judge, Circuit Court of Cook County. The Complaint alleged that Respondent forged the signature of a former friend on twenty (20) federal and state income tax returns for himself and entities in which he and/or his wife had a beneficial interest, and on one additional return, Respondent forged the name "Richard J. Kutrubis" as the paid tax preparer; failed to disqualify himself from adjudicating a case against an individual that he had a personal relationship with wherein the individual was charged with a municipal violation for gambling; failed to disqualify himself from adjudicating a municipal violation case against his friend and business partner (the municipal violation involved gambling on a video-poker machine at a tavern owned and operated by Respondent's friend and business partner - the video poker machine at issue was placed in the tavern by respondent's wife); knowingly failed to disclose on his 1996 Statement Required of Members of the Judiciary of the State of Illinois ("Judicial Statement") a loan that he and his wife received from his wife's personal friend in the amount of $14,000; knowingly failed to disclose on his 1991 Judicial Statement that he had been sued in an action relating to his ownership of a condominium; in connection with his action relating to his ownership of a condominium, caused a false statement to be submitted to the Judicial Inquiry Board in advance of his hearing before the Board wherein he falsely and misleadingly stated that he had not been served with process in the action; knowingly failed to disclose on his 1991 and 1992 Judicial Statements that he had been sued in an action under the Illinois Liquor Control Act, Chapter 43, Section 135, involving his wife's tavern; knowingly failed to disclose on his 1996, 1997, and 1998 Judicial Statements that he had been sued in a second action under the Illinois Liquor Control Act, 235 ILCS 5/6-21, involving his wife's tavern; and engaged in an ex parte communication with a Circuit Court judge and attempted to use his judicial position to obtain an outcome-influencing continuance in a case that had been marked "final" for trial. The Board and Respondent agreed to a Stipulation of Facts and made a Joint Recommendation that Respondent be suspended without pay for six months. Respondent also made a Submission in support of the Joint Recommendation. Order entered August 29, 2002: Stipulation of Facts, the Joint Recommendation, and Respondent's Submission in Support of the Joint Recommendation adopted. Respondent suspended from office for six months without pay;


• 02-CC-2, filed June 26, 2002: Charles M. Travis, Circuit Judge, Circuit Court of Cook County. The Complaint alleged that on at least three occasions, the Respondent used his status as a judge, or appeared to use his status as a judge, to advance his own personal interests. First, the respondent used an unofficial "judicial badge" to avoid receiving a speeding ticket. Second, in a separate incident, the Respondent attempted to induce a police officer to cite a motorist for traffic violations based solely upon his requests and without further investigation. In a third incident, Respondent called the Chief Judge of another judicial circuit and sought redress over a warrant that had been issued for his daughter's arrest for failure to pay a fine. The Board and Respondent agreed to a Stipulation of Facts and made a Joint Recommendation that Respondent be suspended without pay for one month. Respondent also made a Submission in support of the Joint Recommendation. Order entered February 28, 2003: Stipulation of Facts, the Joint Recommendation, and Respondent's Submission in support of the Joint Recommendation adopted. Respondent suspended from office for one month without pay;


• 10-CC-2, filed November 8, 2010: Christopher G. Perrin, Associate Judge, 7th Circuit, Sangamon County. The Complaint alleged that on or about April 30, 2010, Respondent's daughter received a traffic citation (the “Citation”) in a city located within the Seventh Judicial Circuit and five days prior to the scheduled June 7, 2010 court hearing on the Citation, Respondent spoke to a then sitting judge (“Judge A”) of the Seventh Judicial Circuit who was scheduled to preside over the matter. The Complaint also alleged that during the conversation between Respondent and Judge A, the topic arose of the many traffic cases scheduled to be heard by Judge A on June 7, 2010. Thereafter, it is alleged, among other things, that Respondent informed Judge A that Respondent's daughter's traffic case was one of those cases; and on the scheduled date of her hearing on the Citation, she was going to be out of state on a mission trip. The Complaint additionally alleged that Judge A then asked Respondent his daughter's name, wrote her name down, and told Respondent that he would continue Respondent's daughter's hearing date and she would not be required to appear in court on June 7, 2010. The Complaint further alleged that on June 7, 2010, Judge A dismissed the Citation on his own motion, without first consulting the State's Attorney's Office and without ever conducting a hearing on the Citation, and falsely docketed that the Citation had been dismissed for insufficient evidence based upon a motion of the State. Order entered September 9, 2011: Complaint dismissed;


• 11-CC-1, filed February 18, 2011: Douglas J. Simpson, Associate Judge, Circuit Court of Cook County. The Complaint alleged that on the morning of September 23, 2010, Respondent went into a detail shop and spoke to the shop's Owner regarding getting his car detailed; during the course of their conversation, Respondent informed the Shop Owner that he worked at the Markham courthouse. The Complaint also alleges that the Shop Owner then volunteered to Respondent that he had a case pending at the Markham courthouse (the “Shop Owner matter”) and a court hearing was scheduled for that morning; thereafter, the Shop Owner showed Respondent an Order dated August 12, 2010 noticing the Shop Owner matter for hearing. The Complaint additionally alleged that Respondent left the detail shop; went to the Markham courthouse; and after arriving at the courthouse, Respondent went to the courtroom of the judge presiding over Shop Owner matter (“Judge A”). At the time of Respondent's arrival in Judge A's courtroom, Judge A was in the process of conducting his pro se call. After Respondent informed Judge A that he wanted to speak with him, Judge A recessed his call and met with Respondent in Judge A's chambers. The Complaint alleged that while in Judge A's chambers, Respondent showed Judge A the August 12, 2010 Order, informed Judge A that he (Judge A) had the case associated with the Order, that one of the parties was a mechanic who had done work for another judge, and that the mechanic was a “good guy;” Judge A then stood up and Respondent told Judge A that he was not asking him to do “anything improper.” The Complaint also alleged that Judge A returned to the bench immediately following the conversation with Respondent in his chambers and after finishing his call and trial, Judge A informed the Presiding Judge of the morning's events. The Complaint further alleged that later that morning, Respondent called Judge A's chambers and left a voicemail message; and that Judge A returned his call, during which Respondent apologized and said he “regretted” his actions. The Respondent then asked Judge A to disregard their conversation that had taken place earlier that morning. On September 27, 2010, Respondent returned to Judge A's chambers and apologized for his conduct on September 23, 2010; Judge A informed Respondent that he was “uncomfortable” with the situation and he would report the matter to the Judicial Inquiry Board. The Complaint further alleged that Respondent asked Judge A if he could “talk him out” of doing so to which Judge A responded that he had to report the matter. Judge A ultimately recused himself from the Shop Owner matter and it was transferred to the Fifth Municipal District. Order entered November 7, 2011: Respondent censured.

The range of disciplines imposed in these cases is presumably reflective of the fact-specific nature of these sorts of cases, including the degree to which improper influence was exerted, or attempted to be exerted.