Cook County retention judges all hold on

Four jurists targeted for removal by both the Chicago Tribune and the Chicago Sun-Times were retained by the voters in yesterday's election.

Combining figures provided by Cook County Clerk David Orr and the Chicago Board of Elections, it appears that Judge Evelyn B. Clay received a 68.69% "yes" vote from the voters, easily besting the 60% retention threshold.

Judge Vanessa A. Hopkins received a 74.24% "yes" vote in the City and a 66.20% "yes" vote in the suburbs for a combined favorable percentage of 69.92%.

Judge Cassandra Lewis got a combined 68.55% approval rating and Judge Edward N. Pietrucha received "yes" votes from 65.40% of the Cook County electorate.

These figures are taken from unofficial County results showing 2250 of 2290 precincts counted and unofficial City results showing 2504 of 2575 precincts counted.

A quick survey of the other results showed no other retention candidate in jeopardy of losing his or her seat.

Should Cook County retention judges be nervous about "no" votes?

Although the judges up for retention this year, and their friends and families, are surely paying close attention, there are not a lot of experts who can give advice or counsel about their situation.

I am aware of one: Albert J. Klumpp, PhD, a research analyst with McDermott Will & Emery LLP. Dr. Klumpp responded to a number of posts here during the primary season, and, more recently, when I brought up the topic of retention judges (in this post) Klumpp commented:

The judges have nothing to worry about. In fact, because of the almost certain high Chicago turnout of Obama supporters, I believe that approval rates may well break the all-time Cook County record of 80.5% (median, 1972). Casual voters, and minorities, are relatively more likely to cast all-yes votes on retention slates. In addition, the elimination of straight-party voting and the shift away from punch cards have also given indirect boosts to approval rates. I would be VERY surprised if any judge is seriously threatened in this election.

These are points that Dr. Klumpp made in an October 2006 Illinois Bar Journal article, "Voter Information and Judicial Retention Elections in Illinois," 94 Ill.B.J. 538 (membership required). A footnote to that article informs us that Dr. Klumpp wrote "the first doctoral dissertation ever... on judicial retention elections."

But I just can't be as confident. Consider this post on the very popular Second City Cop blog. There, the anonymous SCC says:

We have a fun tradition when voting for judges in Cook County. We run down the list of judges and vote "no" for each and every one of them. * * * Every "no" vote means the judge has to garner something along the lines of 3 additional "yes" votes, so if every SCC reader voted "no," we might be able to effect some tiny change by throwing sand in the gears of the Machine.

As of this evening, according to Sitemeter, SCC averages 8,576 readers per day. It may well be that SCC is a long-standing member of that group of 10-15% of voters who vote "no" on every retention judge at every election. Certainly some of the people who left comments on that SCC post are regular "no" voters.

Still, persons wishing to support the retention bids of qualified judges should remember to express that support at the polls.

Final Alliance ratings on Cook County retention judges

The Hellenic Bar Association ratings are now in and the The Alliance of Bar Associations for Judicial Screening ratings for retention judges in the November election is now complete. Here are the final grids (click any page to enlarge):


The Alliance of Bar Associations for Judicial Screening is comprised of the Asian American Bar Association, Black Women Lawyers’ Association of Greater Chicago, Chicago Council of Lawyers, Cook County Bar Association, Decalogue Society of Lawyers, Hellenic Bar Association, Illinois State Bar Association, Lesbian and Gay Bar Association of Chicago, Puerto Rican Bar Association of Illinois, and Women’s Bar Association of Illinois working collaboratively to improve the process of screening judicial candidates in Cook County, Illinois.

Trib turns thumbs down on four retention candidates

In an October 15 editorial the Chicago Tribune advised voters to reject the retention bids of four Cook County jurists, Evelyn Clay, Vanessa Hopkins, Edward Pietrucha, and Casandra Lewis.

The Tribune encouraged 'yes' votes for all the other Cook County Judicial candidates.

Of the four candidates rejected by the Tribune, both the Chicago Bar Association and the Chicago Council of Lawyers agreed that Judges Clay, Hopkins and Lewis do not merit retention. More information about these judges, including the CBA and CCL comments about them, can be found at this post.

Judge Edward N. Pietrucha's page on the Cook County Retention Judges Website can be accessed by clicking here.

The Asian American Bar Association, the Black Women Lawyers' Association of Greater Chicago, the Decalogue Society of Lawyers and the Puerto Rican Bar Association all endorse Judge Pietrucha's retention. However, the Chicago Council of Lawyers stated:

Hon. Edward N. Pietrucha was elected to the bench in 1996. He began his judicial career with an assignment to the First Municipal District. Since 1998, he has sat in the Juvenile Justice Division, where he has been a floating judge since January 2002. Judge Pietrucha is considered to be a smart and hard working judge. However, during his evaluation, many judges, defense counsel, prosecutors, and probation officers expressed outrage at the temperament displayed by Judge Pietrucha. He is reported to exhibit bullying behavior toward lawyers, children, and their parents and guardians. Some lawyers commented that he can be inconsistent in his rulings. Others commented that he inappropriately does not take into account the recommendations of probation officers – an important part of the juvenile justice system. The Council finds him Not Qualified for retention.

The Chicago Bar Association recommended that Judge Pietrucha be retained, but its evaluation was not entirely complimentary:

Judge Edward N. Pietrucha is "Qualified" for retention as a Circuit Court Judge. Judge Pietrucha was admitted to practice law in Illinois in 1989 and was elected to the Circuit Court in 1996. Judge Pietrucha is currently assigned to the Juvenile Justice & Child Protection Department of the Circuit Court. While Judge Pietrucha knows the law, serious concerns were raised about his temperament, which reflects a disregard and disrespect for the litigants and lawyers who appear before him.

Looking more at the retention evaluations

In a post earlier today I mentioned that the Chicago Bar Association singled out four judges (out of 68 Circuit judges evaluated in all) as "not qualified" for retention: Anthony Lynn Burrell, Evelyn B. Clay, Vanessa A. Hopkins, and Casandra Lewis. Voters trying to decide if they will vote according to the CBA's assessment may also want to look at the ratings these judges received from the Alliance of Bar Association ratings.

Also, voters can look at what has been posted on behalf of these judges on the Cook County Retention Judges website.

Through the miracle of the Internet, we can pull all this information together here. (Click on the individual's highlighted name in order to link to that judge's information on the Retention Judges' website.)

Judge Anthony Lynn Burrell

The Chicago Bar Association (CBA) gave this explanation for its "not recommended" rating:

Judge Anthony Burrell is “Not Recommended” for retention as a Circuit Court Judge. Judge Burrell was admitted to practice law in Illinois in 1989 and elected to the Circuit Court in 2002. Judge Anthony Burrell has problems with punctuality and absences. In addition, Judge Burrell is poorly organized which affects his ability to run a high volume courtroom.

The Chicago Council of Lawyers found nine of the 68 retention candidates "not qualified." But it found Judge Burrell "qualified":

Hon. Anthony Burrell was elected to the bench in 2002 and currently sits in the First Municipal District, hearing civil non-jury trial cases. He has in the past presided over forcible entry and detainer cases. Before his election to the bunch, he worked with the Chicago Public Schools as a consultant, as a solo practitioner, and as an Assistant Cook County State's Attorney. Judge Burrell is reported to be doing well in his current high volume court call. He is considered to have good legal knowledge and temperament. The Council finds him Qualified for retention.

Judge Burrell was also recommended for retention by each of the other Alliance members who have so far issued a rating -- the Asian American Bar Association, the Black Women Lawyers’ Association of Greater Chicago, the Cook County Bar Association, the Decalogue Society of Lawyers, the Illinois State Bar Association, the Lesbian and Gay Bar Association of Chicago, the Puerto Rican Bar Association of Illinois, and the Women’s Bar Association of Illinois. (As of this writing, the Hellenic Bar Association has not issued a rating for Judge Burrell.)

Judge Evelyn B. Clay

The CBA gave this explanation for its "not recommended" rating:

Judge Evelyn B. Clay is "Not Recommended" for retention as a Circuit Court Judge. Judge Clay was admitted to practice law in Illinois in 1981 and was elected a Circuit Court Judge in 1996. Judge Clay is currently assigned to a felony courtroom in the Criminal Division. Concerns were raised about Judge Clay’s knowledge of the law and poor judgment in making insensitive comments from the bench.

The Chicago Council of Lawyers agrees:

Hon. Evelyn B. Clay was initially assigned to the First Municipal District after her election to the Circuit Court in 1996. In 1997, she was transferred to the Felony Trial Division, where she sat in the Evening Narcotics Section and as a floating judge. She has been in her present assignment, hearing felony trials, since April 2000.

However, Judge Clay's retention bid has been endorsed by every other member of the Alliance of Bar Associations.

Judge Vanessa A. Hopkins

The CBA gave this explanation for its "not recommended" rating:

Judge Vanessa A. Hopkins is "Not Recommended" for retention as a Circuit Court Judge. Judge Hopkins was admitted to practice law in Illinois in 1994 and was elected to the Circuit Court in 1996. Judge Hopkins’ lack of legal experience and legal knowledge is a concern. Judge Hopkins is extremely slow and prone to giving very long continuances for a call that should move more quickly. There is a general report by lawyers who appear before her that she has a temperament problem and takes challenges or questions personally. Judge Hopkins also has problems with being on time and seems unable to figure out what she needs to do to efficiently and effectively manage her court call.

The Chicago Council of Lawyers also found Judge Hopkins "not qualified":

Hon. Vanessa A. Hopkins was first assigned to the Traffic Division following her election in 1996. She has been assigned to Juvenile and Municipal Districts, and presently hears jury cases in the First Municipal District. Judge Hopkins came to the bench with just two years of legal experience. In her 2002 evaluation, the Council questioned her ability to manage her call. In her 2008 investigation, while some lawyers say she has improved, there are continuing negative reports about her courtroom management. Lawyers complain that she too often loses control over her courtroom, has an imperfect temperament, and is sometimes not punctual. The Council finds Judge Hopkins Not Qualified for retention.

On the other hand, except for the Lesbian and Gay Bar Association of Chicago, all the other Alliance members have recommended Judge Hopkins for retention.

Judge Cassandra Lewis

The CBA gave this explanation for its "not recommended" rating:

Judge Casandra Lewis is "Not Recommended" for retention as a Circuit Court Judge. Judge Lewis was admitted to practice law in Illinois in 1991 and was elected to the Circuit Court in 2002. Judge Lewis has problems in a number of areas including starting her call on time and diligently carrying out her duties on the bench. Judge Lewis needs to improve her work ethic and was less than respectful of the bar associations’ peer review process.

The Chicago Council of Lawyers had this to say in finding Judge Lewis "not qualified":

Hon. Cassandra Lewis was elected to the bench in 2002. She currently hears jury and bench trials in the First Municipal District. Prior to becoming a judge, she spent nine years in private practice and two years as an Assistant Kane County State's Attorney. Judge Lewis has adequate legal ability for her current assignment and is praised for her temperament. She receives mixed reviews, however, for her work ethic -- many lawyers complain she is not well-prepared and is often not punctual in taking the bench. The Council has received reports that some lawyers will take a substitution of judge rather than appear before her. The Council finds her Not Qualified for retention.

Many of the Alliance members agreed with these evaluations: The Decalogue Society of Lawyers, the Illinois State Bar Association, the Lesbian and Gay Bar Association of Chicago, the Puerto Rican Bar Association of Illinois, and the Women’s Bar Association of Illinois all declined to endorse Judge Lewis' retention bid. On the other hand, the Asian American Bar Association, the Black Women Lawyers’ Association of Greater Chicago, and the Cook County Bar Association have recommended Judge Lewis for retention.

Alliance posts evaluations so far in retention races

The Alliance of Bar Associations has nearly completed its evaluation of all 70 Circuit and Appellate judges seeking retention in Cook County on November 4. Only the Hellenic Bar Association has yet to finish weighing in on the retention judges; when I receive that organization's evaluations, I will post it as well.

The ISBA's Joyce Williams, who organizes the process of collating and distributing all this information for the Alliance, said in an email, "Since we are sensitive to the fact that many voters would prefer a composite rating, we included a percentage column of favorable ratings from those Alliance members who have submitted ratings." In looking at the grids that follow (and, please, click to enlarge each grid in order to read it more easily), the percentage of favorable ratings is the number in the first left column after the judge's name.

There are two initial things that should be kept in mind while evaluating these grids. First, an impressive majority of judges seeking retention was recommended for retention by each of the Alliance bar associations. Second, while some bar associations differed with each other (and with the Chicago Bar Association) over the merits of particular retention candidates, every single judge up for retention this year was found qualified by one or more of the bar associations that investigated the judges' credentials.

Here, then, are the Alliance grids as of today's date:



This list is in alphabetical order. The ballot order will be different. Ms. Williams mentioned that, "The Chicago Council of Lawyers/Appleseed For Justice has their 'voteforjudges.org' website up and running." That site, she said, "does show ballot order with 'yes' and 'no' punch numbers to answer the 'should this judge be retained' question."

The Alliance of Bar Associations for Judicial Screening is comprised of the Asian American Bar Association, Black Women Lawyers’ Association of Greater Chicago, Chicago Council of Lawyers, Cook County Bar Association, Decalogue Society of Lawyers, Hellenic Bar Association, Illinois State Bar Association, Lesbian and Gay Bar Association of Chicago, Puerto Rican Bar Association of Illinois, and Women’s Bar Association of Illinois working collaboratively to improve the process of screening judicial candidates in Cook County, Illinois.

CBA posts ratings for Cook County retention judges

The Chicago Bar Association has published its ratings for Cook County retention candidates on the November 4, 2008 ballot.

That link will take you to the entire 38 page report.

In summary, both Appellate Court justices seeking retention, Michael J. Gallagher and Margaret Stanton McBride, have been rated qualified by the CBA, as have all but four of the 68 Circuit Court judges seeking retention. The four judges singled out by the CBA as "not qualified" for retention are Anthony Lynn Burrell, Evelyn B. Clay, Vanessa A. Hopkins, and Casandra Lewis.

The linked report also contains the CBA's ratings for all other candidates running for judge this November, including those who are running in contested races. I'll post more about the CBA ratings soon.

First "friend to friend" card of the season -- and it doesn't come in the mail

I received a "friend to friend" card the other day, this one encouraging me to support the retention efforts of Judge Lewis Michael Nixon, pictured at right.

Friend to friend cards are sent at every election cycle by friends and family of judges hoping to retain their posts. This is frequently done on behalf of individual judges in addition to the joint effort on behalf of all retention candidates. (I recently wrote about the joint retention campaign.)

A lot of voters will receive postcards touting one judge or another from parents of their kids' high school classmates, church members, or from persons with whom they only otherwise correspond at the Holidays. The theory is that a voter receiving such a card will think, "Jane Smith says Judge Jones is a good egg, so I'll remember to vote for her on Election Day."

I don't know if the effectiveness of these cards has or even could be established. But I do know that this particular card, supporting Judge Nixon, was unusual because it didn't come in the regular post; it was delivered by email. In fact, the picture I've used here of Judge Nixon was clipped from that email. The poor job of editing out the background is, alas, mine.

I called the lawyer (a colleague of long-standing) who sent me the email (e-card?) to ask where he got the idea and whether he thought that e-cards might quickly become the norm for this sort of campaigning. My colleague decided he would rather not be quoted, so I'll have to venture my own prediction: This will catch on.

A postcard can only convey a limited amount of information. The e-card received on behalf of Judge Nixon conveyed that same sort of information in the text of the email itself, including the personalized endorsement, but (thanks to the miracle of attached files) there was a also a two page flyer in the ubiquitous Adobe format containing an expanded biography of the judge and a plug for the campaign on behalf of and a cite to the website supporting all the Cook County retention judges. The busy voter can easily explore the claims made on behalf of the candidate by his or her emailing friend -- and the candidate is spared the expense of postage. Yes, this will most certainly catch on.

Judges seeking retention link up with website

In previous posts I've mentioned that there are very few contested judicial elections in Cook County this year.

But that doesn't mean there won't be a lot of judges on the ballot.

Indeed, in addition to the uncontested races, Cook County voters will find that there are 68 judges seeking retention to either the Circuit Court of Cook County or the First District of the Illinois Appellate Court.

Every six years full circuit judges in Illinois must seek the voters' permission to remain in office. It is a "yes" or "no" proposition. Judges who fail to receive a 60% "yes" vote lose their positions.

Generally -- usually -- most judges who seek retention are in fact retained. But the most widely respected judges, the ones most universally acclaimed for their legal acumen and temperament, the ones who exhibit the deepest scholarship and sharpest intellect -- in a typical year, even these paragons will receive only around an 85% "yes" vote.

Solomon would do no better than about 85%.

What this means is that, in each election cycle, there is a hard core group of people voting "no" on the retention of every single judge. In a high turnout election, with a volatile electorate -- well, it's understandable that the judges get nervous.

Frankly, if the naysayers ever got their way, chaos would result: While the Supreme Court can fill vacancies, the newspapers and civic groups might howl in protest if judges booted off the bench were put back on by the Court. The loss of continuity and institutional knowledge would be considerable. And, truth to tell, the very least of the judges seeking retention has in fact been doing the job for at least six years. Every new judge has to be trained.

So the judges up for retention have, in recent years, banded together and have allowed a committee to be formed on their behalf. The purpose of the Committee -- this year called the Committee for Retention of Judges in Cook County, 2008 -- is to seek a "yes" vote from every voter for every judge. Money is raised for this purpose and ads will be bought and mailings conducted.

Full disclosure: I have contributed to the Committee this year.

And, this time out, the retention judges even have a website on which you will find individual biographies for each of the judges seeking retention.

Cook County judges seeking retention this year are:

Gerald C. Bender
Andrew Berman
Margaret A. Brennan
Eileen M. Brewer
Janet Adams Brosnahan
James R. Brown
Anthony L. Burrell
Diane Gordon Cannon
Evelyn B. Clay
Mary Ellen Coghlan
Sharon Johnson Coleman
Clayton J. Crane
John T. Doody, Jr.
Lynn Marie Egan
Richard J. Elrod
Candace Jean Fabri
Peter A. Felice
Thomas E. Flanagan
James Patrick Flannery
John J. Fleming
Rodolfo "Rudy" Garcia*
James J. Gavin
Robert E. Gordon*
Vanessa A. Hopkins
Rickey Jones
Themis N. Karnezis*
Kathleen G. Kennedy
Kerry M. Kennedy
William G. Lacy
Marjorie C. Laws
Casandra Lewis
Thomas J. Lipscomb
Noreen Valerie Love
Michele Francene Lowrance
Patricia Martin
Mary Anne Mason
Veronica B. Mathein
Carol Pearce McCarthy
Barbara A. McDonald
Sheila McGinnis
Dennis Michael McGuire
Kathleen Marie McGury
Barbara M Meyer
Mary A. Mulhern
Lewis Michael Nixon
William T. O'Brien
Lawrence O'Gara
Sandra Otaka
Sebastian Thomas Patti
Edward N. Pietrucha
Edmund Ponce de Leon
James L. Rhodes
Barbara Ann Riley
James G. Riley
Cheryl "Hillard" Starks
David P. Sterba
Jane Louise Stuart
Laura Marie Sullivan
Donald Joseph Suriano
Shelley Lynn Sutker-Dermer
Michael P. Toomin
Sandra Tristano
Valarie E. Turner
Raul Vega
Kenneth J. Wadas
Shelli D. Williams-Hayes
Gregory Joseph Wojkowski
Frank G. Zelezenski

Judges marked with an asterisk (*) by their name are sitting by appointment on the Illinois Appellate Court. In addition, Justices Michael J. Gallagher and Margaret Stanton McBride are seeking retention on the Illinois Appellate Court.

Prior to the November 4 election the various bar associations will weigh in with their views as to the qualifications of each of the judges seeking retention. The newspapers have traditionally expressed opinions on this as well. The overwhelming majority -- virtually all, if not all -- of the jurists seeking retention will be endorsed by the bar groups and newspapers.