Chicago Council of Lawyers recommends "Yes" votes for all but two Cook County Circuit Court judges seeking retention, finds Evans "Highly Qualified"

The Chicago Council of Lawyers has released its evaluation report for Cook County judicial candidates seeking retention this November. The link in the preceding sentence will take the reader to the complete CCL report, which also explains the methodology used by the Council in formulating its evaluations.

Only two Circuit Court judges were singled out for "No" votes by the CCL, Daniel James Pierce and Ann Finley Collins. Neither participated in the Alliance evaluation process (the CCL is a member of the Alliance of Bar Associations for Judicial Screening) and were Not Recommended on this basis.

But Pierce, who was serving on the Illinois Appellate Court pursuant to Supreme Court Order, has announced his retirement, effective one week from today. The Supreme Court has already appointed his replacement. Pierce's withdrawal from the retention ballot was not online when I checked on September 14; the Illinois State Board of Elections confirms his withdrawal as of September 15.

Insofar as I have been able to determine, Collins remains on the November retention ballot.

While the Council recommends "Yes" votes for each of the other Circuit Court judges seeking retention, one, Cook County Chief Judge Timothy C. Evans, was singled out by the CCL as "Highly Qualified," the highest rating the Council bestows.

Of Evans, the Council states:

The Hon. Timothy C. Evans was admitted to the Illinois bar in 1969. He currently serves as the Chief Judge of the Circuit Court of Cook County and has previously served as the Presiding Judge of the Domestic Relations Division. He was first elected to the bench in 1992 and was elected to the position of Chief Judge in 2001. Before taking the bench, he was a sole practitioner. Judge Evans was also an assistant corporation counsel for the City of Chicago and had served as a floor leader for Mayor Harold Washington and as an Alderman for the 4th Ward.

As Chief Judge, he does not hear cases, but sees to the administration of the courts. Chief Judge Evans created a domestic violence division of the Cook County Circuit Court, and recently convened a Task Force to identify needed reforms for that division. He re-instituted a pretrial services program and changed procedures so that bond hearings since 2008 are conducted in person, rather than via teleconferencing. This resulted in better due process protections. He has overseen the creation of several community courts which employ principals of restorative justice. In 2017 he issued an administrative order restricting the amount of money bond which could be imposed – resulting in a significant reduction in the Cook County jail population while 2017-2019 statistics showed no significant increase in Cook County crime.

Advocates say he is cooperating fully in preparing the Court for the end of money bond which is mandated by Illinois legislation to begin in January 2023, He has also issued an administrative order stopping Cook County judges from denying a public defender to a defendant without first conducting an indigence hearing.

Chief Judge Evans has also overseen the implementation of a court recording system in eviction courts and worked to ensure that judges recorded their eviction proceedings conducted by Zoom. Some say that he was too slow in moving the Circuit Court to a virtual operation during the pandemic, but others say that after delays at the outset, the Cook County Circuit Court made the necessary changes. The Council finds him Highly Qualified for retention.

The Council also rated five Circuit Court judges as "Well Qualified" for retention. These are Judges Jerry A. Esrig, John P. Kirby, Geary W. Kull, Freddrenna M. Lyle, and (as mentioned earlier) Mary Lane Mikva.

Of Esrig, the Council stated:

The Hon. Jerry A. Esrig was admitted to the Illinois bar in 1978. He was first appointed to the Circuit Court by the Illinois Supreme Court in 2013. He lost a Primary election in 2014. He was appointed to the Circuit Court by the Illinois Supreme Court for another interim term in 2014 and was elected to the bench in 2016. He is currently assigned to the Law Division, Calendar S, Commercial Calendar Section. Prior to becoming a judge, he was a Partner with a small firm, focusing on sophisticated personal injury and commercial litigation matters.

Respondents spoke exceptionally highly of Judge Esrig’s legal knowledge and ability. He is praised for his preparation and willingness to do the research necessary to acquire the necessary knowledge of the issues being litigated before him. He is also praised for his integrity and his judicial temperament was generally described as very good. He is considered punctual and diligent on the bench and respondents generally stated that Judge Esrig’s orders were thorough, well-done, and issues in a timely manner. The Council finds him Well Qualified for retention to the Circuit Court.

The CCL had this to say about Kirby:

The Hon. John P. Kirby was admitted to the Illinois bar in 1983. He was elected to the bench in 1998. He has served in the Criminal Division and is currently assigned to the Law Division. Prior to becoming a judge, he was an Assistant Cook County State’s Attorney. Judge Kirby is a lecturer at DePaul University in Trial Advocacy I as well as a substitute lecturer in other courses.

Judge Kirby is considered to be knowledgeable and to have good legal ability. He has done well presiding over both criminal and civil cases. He is praised for his temperament and for his courtroom management skills. He is also praised for his punctuality and for his diligence. He is generally considered to be an excellent judge. In his past criminal division assignments, he received praise for his dedication to using alternative sentencing and for helping develop a cyber high school as an alternative sentence for youthful offenders. The Council finds him Well Qualified for retention to the Circuit Court.

As to Kull, the CCL's narrative report states:

The Hon. Geary W. Kull was admitted to the Illinois bar in 1974. He was appointed to the bench by the Illinois Supreme Court in 2009 and was elected in 2010. Before becoming a judge he served as an Assistant Cook County Public Defender and was in private practice focusing on criminal defense work. He is currently assigned to the Fourth Municipal District, where he hears felony cases.

Judge Kull is considered to have very good legal ability. He is reported to be exceptionally knowledgeable and is respectful to all parties. He has a very good judicial temperament – patient but controls his courtroom. He is well-respected as a jurist. The Council finds him Well Qualified for retention to the Circuit Court.

The Council stated this about Lyle:

The Hon. Freddrenna M. Lyle was admitted to the Illinois bar in 1980. She was appointed to the Circuit Court by the Illinois Supreme Court in 2012 .She unsuccessfully ran for election to the Illinois First District Appellate Court in 2014; later that year, her Circuit Court term expired. She was elected to the bench in 2016 and is currently assigned to the Mortgage Foreclosure Mechanics Lien Section in the Chancery Division. Before becoming a judge, she worked in small firms and as a solo practitioner, where she had substantial experience handling complex litigation matters. She also served for 13 years in the Chicago City Council.

Judge Lyle is praised for her knowledge of the law and for her courtroom management. She has a high volume call and is adept at getting through the cases while giving each of the parties the ability to make their case. She is praised for being “one of the judges who doesn’t automatically assume the bank is right.” Her rulings are well reasoned and are issued in a timely fashion. She is considered to have good legal ability. She is reported to have good legal ability. She is courteous and respectful to all litigants, including self-represented litigants. The Council finds her Well Qualified for retention to the Circuit Court.

These were the Council's comments about Mikva:

The Hon. Mary Lane Mikva was admitted to the Illinois bar in 1980. She currently serves as a Justice on the Illinois Appellate Court, where she was appointed in 2016. She was elected to the bench in 2004 and had been assigned to the Chancery Division and the Child Protection Division. Previously she had served as a clerk to Judge Prentice H. Marshall and later to U.S. Supreme Court Justice William J. Brennan, Jr. Judge Mikva also was an appellate attorney for the City of Chicago Law Department, as well as in private practice.

Justice Mikva is a highly respected jurist who is considered to have very good legal ability. She is praised for her ability to analyze and understand complex legal issues. She is respectful to those appearing before her and her written opinions are considered thoughtful and well- reasoned. The Council finds her Well Qualified for retention.