Thomas Mahoney plans 15th Subcircuit run

Per email received, Assistant State's Attorney Thomas R. Mahoney is planning to circulate and file petitions for one or more of the open seats in Cook County's 15th Judicial Subcircuit.

A 1992 graduate of John Marshall Law School, Mahoney holds a bachelor's degree in business administration and management from the University of St. Thomas in St. Paul, Minnesota.

Currently, Mahoney serves as a Supervisor in the Special Prosecutions Bureau of the Gang Crimes Unit in the Cook County State's Attorney's Office. He has been with the State's Attorney's Office since 1993. Mahoney has also served as an Assistant U.S. Attorney in the Northern District of Illinois since 2000.

A member of the Board of Police and Fire Commissioners of the Village of Orland Park since 2004, Mahoney has received Chicago Police Department Special Commendations in 2004 and 2009. Mahoney received the Chicago Crime Commission Star of Distinction Award in 2004 and an "Excellence in Law Enforcement Award" from the Chicago Crime Commission in 2007. He also received the United States Department of Justice Award for Public Service in 2004 and 2005.

Mahoney has served as an Adjunct Professor of Law in the Trial Advocacy Program at DePaul University College of Law since 1999 and on the faculty of the National District Attorneys Association. He has frequently lectured or served as an instructor for the Chicago Police Department Education and Training Division.

Mahoney reports that he has been found "qualified" for judicial service by the Chicago Bar Association and the Illinois State Bar Association and "Well Qualified," "Qualified," or "Recommended" by all of the other members of the Alliance of Bar Associations. He is a member of the Prosecutor's Bar Association and served on the Chicago Bar Association's Judicial Evaluation Committee from 2000 to 2004.

Study suggests masculine names may help women get on the bench?

Debra Cassens Weiss writes this week in the ABA Journal blawg, Law News Now,that, at least in South Carolina, women lawyers with masculine-sounding names have better odds of becoming a judge than their counterparts with feminine names.

The authors of the study, Do Masculine Names Help Female Lawyers Become Judges? Evidence from South Carolina, Bentley Coffey, an Assistant Professor of Economics at Clemson, and Patrick McLaughlin, a Research Fellow at George Mason University, propose a "Portia Hypothesis"* for this perceived phenomenon, that "females with masculine monikers are more successful in legal careers." Success, for purposes of this study, was measured by attaining a judicial post. The paper purports to demonstrate, in Weiss' words, "that changing a woman’s name from something feminine, such as Sue, to a gender-ambiguous name such as Kelly increased the odds of becoming a South Carolina judge by about 5 percent... [while changing] the name Sue to a predominantly male name such as Cameron tripled the odds of becoming a judge, and changing it to Bruce increased the odds by a factor of five."

However, South Carolina is not Illinois. In South Carolina judges are mostly "elected" by the state legislature after first passing through a merit selection commission. In Illinois, though, the evidence would seem to point in a different direction. A feminine-sounding name may actually confer some advantage on a judicial candidate; a feminine-sounding name coupled with an obviously-Irish surname seems to confer an even greater advantage.

And I am not making this up, or relying solely on anecdotes. In a February 2008 post, I wrote about the work of Albert J. Klumpp, PhD, a Research Analyst with the Chicago firm of McDermott Will & Emery LLP. In addition to his published works (cited in my earlier post),** Klumpp wrote me that he'd developed "a model for analyzing primary elections" that he'd only just begun to test. Klumpp said that his tentative model "indicates that female candidates had a gender advantage of nearly 200,000 votes. That's for one female candidate running against one or more male candidates; multiple female candidates in a contest split the advantage. That compares to shifts of around 60,000 for slating, 120,000 for a sweep of superior recommendations from the Tribune, Sun-Times, CBA and CCL, and 130,000 for an Irish-name advantage."

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* Portia is a character in Shakespeare's The Merchant of Venice, a woman who dresses as a man to plead a case in court. Horace Rumpole referred to Phyllida Trant, later Phyllida Erskine-Brown, in the Rumpole of the Bailey books and television programs as "the Portia of our chambers."

** Klumpp has since published Arizona Judicial Retention: Three Decades of Elections and Candidates in the November 2008 issue of Arizona Attorney.

Who's running for judge? Hints from the Internet...

Or, possibly, red herrings: No candidacy is official until someone shleps the petitions down to Springfield.

But there are a lot of preparatory steps that a serious candidate must take and some of these leave tracks on the Internet.

One of the best places to look is in the Campaign Disclosure section of the State Board of Elections.

Noodling around there this evening, I found that a campaign committee was recently organized in support of the judicial candidacy of Rosemont attorney Richard Karwaczka. An attorney since 2001, Karwaczka practices with the Law Office of Serio & Karwaczka, LLP. Frank J. Serio is Karwaczka's campaign chair.

Joseph Chico is apparently contemplating a run in the 1st Judicial Subcircuit. This would be Chico's second bid for a seat there; he ran before, in 2000. A lawyer since 1993, Chico is employed by Joseph Chico & Associates.

Richard Crusor, Jr. is considering a run for one of the three seats in the 15th Judicial Subcircuit. A lawyer since 1980, Crusor is employed by the State's Attorney's Office. Crusor ran for judge twice before, in 1996 and in 2002.

Michelle Hugghis Flagg, a lawyer since 2003, has organized a campaign committee in anticipation of a Circuit Court bid. She maintains an office on the 7900 block of South Racine Avenue in Chicago.

A committee has been organized to support a judicial run by Russell W. Hartigan. Hartigan practices with the Chicago firm of Hartigan & O'Connor. He is the Treasurer of the West Suburban Bar Association and a member of the Board of Governors of the Illinois State Bar Association. Hartigan has also served as President of the John Marshall Law School Alumni Association. Hartigan filed for the Montelione vacancy in 2007, but withdrew.

Another committee has been formed to support the candidacy of Judge Thomas V. Lyons II. The Illinois Supreme Court appointed Lyons was to the O'Malley vacancy in August 2008 (and, yes, I missed it). Before going on the bench, Lyons practiced with the Nolan Law Group. He joined that office in 2005 after nearly two decades with the Cook County State's Attorney's Office, where he had served as deputy chief of the civil actions bureau and chief of the Special Litigation Division. Prior to that, according to a December 27, 2005 Chicago Daily Law Bulletin article, Lyons was a top prosecutor in the Felony Trial Division.

Finally, a committee has been formed to support the candidacy of Bradley R. Trowbridge. A Loop solo practitioner, Trowbridge concentrates in family law. A lawyer since 2000, Trowbridge was recently mentioned in a Law Bulletin article announcing the settlement of a suit for emotional distress arising from "a failed 22-year love affair" between a one-time law student and the former dean of a local law school. Trowbridge was one of the plaintiff's attorneys.

Five sitting judges among associate judge finalists

LaGuina Clay-Clark, who is currently sitting by appointment to the Steele vacancy in the First Judicial Subcircuit, and Yehuda P. Lebovits, who was recently appointed to the Otaka vacancy in the Ninth Subcircuit, are among the 20 finalists for 10 vacant Cook County associate judgeships.

Three other judges serving pursuant to Illinois Supreme Court appointments also made the cut, including William Edward Gomolinski (pictured at right). Gomolinski was recalled by the Supreme Court to judicial service after losing to Pat Rogers in a bid to keep a Fourth Subcircuit seat in the 2008 primary. Gomolinski earned endorsements from both the Tribune and the Sun-Times in that campaign.

The other two finalists who are also currently sitting as judges are William R. Jackson, Jr., who was appointed by the Supreme Court to the countywide Riley vacancy, and Demetrios G. Kottaras, who was, like Gomolinski, recalled to judicial service by the Illinois Supreme Court after his 2007 appointment to the Lott vacancy expired.

The other 15 finalists are:

• Carmen Kathleen Aguilar;
• Thomas M. Battista;
• Clarence Lewis Burch;
• Theresa Christine Ceko;
• Neil H. Cohen;
• Stephen James Connolly;
• Lori Gail Levin;
• Linda Johanna Pauel;
• Vicki Faye Rogers;
• Bernard Joseph Sarley;
• Regina Ann Scannicchio;
• Andrea M. Schleifer;
• Richard Denis Schwind;
• Ketki Shroff Steffen; and
  
• Jeffrey L. Warnick.

Aguilar was also a candidate in the Fourth Subcricut in 2008. Connolly was 'pre-endorsed' by the Cook County Democratic Party in 2008 in case any vacancies opened up after the formal slating. None did, and Connolly did not run.

According to the press release issued yesterday by the Circuit Court of Cook County, a total of 261 attorneys completed the interview process for this round of associate judge vacancies (out of 278 who applied). (Full disclosure: The name of one of the 241 attorneys who did not make the cut is listed at the end of this post.)

The names of these 20 finalists have been forwarded by Chief Judge Timothy C. Evans to the Director of the Administrative Office of the Illinois Courts. According to the Circuit Court press release, "Within 14 days after the Chief Judge's notification, the Director mails a secret ballot with the names of the candidates to each circuit judge. The judges then vote for one candidate for each vacancy to be filled. The judges must return the ballots to the Director within 14 days of the date the ballots were distributed."

The finalists were chosen by the unanimous vote of a Screening Committee. In addition to Chief Judge Evans, these jurists also served on the Committee:

• Honorable Paul P. Biebel, Jr., Presiding Judge of Criminal Division;
• Honorable Henry A. Budzinski, Presiding Judge of Probate Division;
• Honorable Sophia H. Hall, Administrative Presiding Judge of Juvenile Justice and Child Protection Resource Section;
• Honorable Moshe Jacobius, Presiding Judge of Domestic Relations Division;
• Honorable Patricia M. Martin, Presiding Judge of Child Protection Division;
• Honorable Edmund Ponce de León, Presiding Judge of Fourth Municipal District;
• Honorable Shelley Sutker-Dermer, Presiding Judge of Second Municipal District;
• Honorable Joseph J. Urso, Presiding Judge of Third Municipal District; and
  
• Honorable E. Kenneth Wright, Jr., Presiding Judge of First Municipal District.

Judge Evans stated, "The selected candidates reflect the Committee's consideration of legal excellence and variety of legal experience as well as diversity of race, ethnicity and gender. The selection of these candidates ensures the court's continued commitment that litigants coming before the bench can be confident of being treated fairly and justly."

Judicial candidates: Beware of Levine's Law

Nearly every day I read a blog by comedy writer, director, producer, and sometime baseball announcer Ken Levine. Among his many credits are M*A*S*H and Cheers -- shows I actually watched, back in the day. When I stumble across a rerun on MeTV or MeToo I look for his name... and seethe with jealousy when I spot it.

Levine published a list of laws on his blog in September 2007. The first of these dates from his days broadcasting Seattle Mariners games: "The lead off walk will always come around to score...unless it doesn't."

It's hard to argue with that one.

And this one strikes me as absolutely true as well: "If you’re telling a joke in a restaurant the waiter will arrive and interrupt the minute you get to the punch line."

But neither of these are of particular relevance to aspiring judges. This one is:

In every article that mentions you, no matter how complimentary the article, there will always be one thing said or misquoted that will prevent you from Xeroxing and sending it to your family.

Actually, as judicial candidates are probably finding out now, it's hard to get anything said at all, complimentary or otherwise.

I remember walking my press release (and glossy head shot photo) into all the local papers when I ran for judge in 1994 and 1996. I couldn't get an announcement printed. And there were more papers then than now, and the news holes were bigger. (Some candidates, then and now, fared better than I. But my experiences were not unique.)

I did find that the local papers were quite willing to take my money for advertisements.

Today the line between article and ad has blurred, as candidates may be able to get an article printed in a local 'shopper'... for a price.

Tough as the local papers are on judicial hopefuls, though, the surviving Chicago dailies are worse. Both the Sun-Times and the Tribune will at some point this primary season decry how little is known about Cook County judicial candidates. This will probably come in the course of their respective editorials making one or two sentence endorsements of countywide candidates. (Subcircuit candidates may not even get that much.)

As a consumer of judicial services (i.e., a practicing lawyer) and a wannabe myself (I've applied for associate judge many times since 1996) I have an interest in trying to provide an opportunity for all Cook County judicial candidates, of any party, to get their messages out. As time permits, I'll post information I find surfing the Internet. When someone contacts me on behalf of a campaign, I will try and respond as promptly as my 'day job' permits. I reserve the right to put my expensive Westlaw subscription to work, looking for past stories about candidates. There have been a couple of occasions, in the past, when I've found stories that weren't entirely favorable.

I am not a paid journalist, though I'm a long-time dabbler. I didn't attend Medill. (I'll save my favorite Medill stories for Page Two... some other time.) I did have one journalism class at Loyola, taught by the late Al Gray, a former Tribune copy editor. He preached that it was a mistake for journalists to claim objectivity; that was an unrealistic goal, he said. Instead, a writer must try to be fair.

So, to judicial candidates in Cook County looking for an opportunity to be heard: I will try to be fair. But, remember, we are all subject to Levine's Law.

Pam Meyerson to run in 11th Subcircuit

Oak Park solo practitioner Pamela McLean Meyerson has announced that she will file for the Riley vacancy in Cook County's 11th Judicial Subcircuit.

That's a link to Meyerson's campaign website in the preceding sentence; her site has been added to the list of campaign websites in the Sidebar. The Supreme Court recently appointed Steven J. Fruth to the Riley vacancy.

An article by Ken Trainor in the Wednesday Journal of Oak Park and River Forest is linked from the campaign website and cites Meyerson's community involvement. Trainor writes, "She served on the Festival Theatre board from 1989 to 1996, including two years as president. In 1999, she served as co-chair of the referendum campaign for the new middle schools, then as District 97's middle school volunteer coordinator. She also served on the Oak Park and River Forest High School Citizens Advisory Council and was a member of the Park District of Oak Park's Skate Park Task Force."

According to the Chicago Daily Law Bulletin (March 5, 1999) Meyerson once served as director of alumni relations for her alma mater, the University of Chicago Law School. (Meyerson is a 1983 graduate.) The 1999 article indicates that Meyerson was in private practice in Oak Park at the time of this appointment; Meyerson told me in an email today that she left that position in June 2000. "I've been returning to U of C every fall since 2000," she wrote, "to help out with their Intensive Trial Workshop."

Although most of Meyerson's career has been spent in a solo practice, she advises that she was "a commercial litigator at Antonow & Fink from 1983-1985 and at Goldberg, Kohn, Bell, Black, Rosenbloom & Moritz from 1985-1989."

Meyerson is married to Charlie Meyerson, one time news voice of WXRT-FM and WNUA-FM, and currently the news director of WGN-AM.

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(Updated 8/19/09 10:15pm.)

Bernstein announces 9th Subcircuit bench bid

Former Evanston Ald. Steven James Bernstein has announced plans to seek election to the bench in the 9th Judicial Subcircuit. His campaign website is up and running and has been added to the Sidebar.

According to his campaign website, Bernstein currently serves as "Acting General Counsel for the Illinois Criminal Justice Information Authority where he has worked for the past three years." A lawyer since 1971, Bernstein notes that he was a "co-founder and former President of the Evanston Bar Association" and cites his memberships in "the North Suburban Bar Association, Decalogue Society, Asian Bar Association, NAACP, and ACLU" as among his qualifications for the bench.

Bernstein is married to Circuit Court Judge Jeanne R. Cleveland Bernstein. Steve Bernstein's former law partner, Jeanne R. Cleveland Bernstein was elected to the bench from the 9th Subcircuit in 2004.

Steve Bernstein's campaign is being managed by Jonas Heineman.

Found: Campaign website of Yehuda P. Lebovits

The campaign websites are beginning to pop up now, now that petitions are in circulation.

This morning I came across the new campaign website of Yehuda P. Lebovits, recently appointed to the Otaka vacancy in the 9th Subcircuit. That's a link to his site in the preceding sentence; a link has also been added to the Sidebar.

Some likely judicial candidates have websites up -- but not all of these have been updated since the 2008 judicial primary. If you know of any other Cook County judicial candidate websites that are up and running for the February 2, 2010 primary, please leave a comment or send me an email.

Who currently sits where

Updated 8/9/09
Updated 8/25/09
Updated 8/27/09
Updated 9/12/09

Most Cook County judicial vacancies aren't really vacant.

The Illinois Supreme Court can fill these vacancies by appointment, and often does.

The persons appointed must seek election, either to the seats to which they were appointed, or to some other vacancy.

Particularly in the countywide races, it all depends on who is slated by the Cook County Democratic Party. Sometimes the party will slate the appointed judge -- but not always.

So here is a list of the vacancies and, where known, the identity of the person appointed. If no name is indicated, it may mean that the vacancy has not been filled -- it at least means that I have been unable to ascertain who has been appointed.

I mean no disrespect to anyone whom I've omitted and will be happy to update the list as circumstances require:

Countywide Vacancies

Vacancy of the Hon. Richard B. Berland -- William H. Hooks
Vacancy of the Hon. Philip L. Bronstein -- Nicholas Geanopoulos
Vacancy of the Hon. Francis J. Dolan -- Geary W. Kull
Vacancy of the Hon. Marsha D. Hayes -- Raymond W. Mitchell
Vacancy of the Hon. Daniel J. Kelley -- John Patrick Callahan
Vacancy of the Hon. James P. O’Malley -- Thomas V. Lyons II
Vacancy of the Hon. Ronald C. Riley -- William R. Jackson Jr.

1st Subcircuit

Vacancy of the Hon. Sharon Johnson Coleman -- Thaddeus L. Wilson
Vacancy of the Hon. John O. Steele -- LaGuina Clay-Clark

3rd Subcircuit

Vacancy of the Hon. Thomas F. Carmody, Jr. -- Allen F. Murphy
Vacancy of the Hon. Daniel P. Darcy -- Edward S. Harmening
Additional Judgeship A -- Daniel B. Malone

9th Subcircuit

Vacancy of the Hon. Sandra R. Otaka -- Yehuda P. Lebovits
Additional Judgeship A -- Michael Ian Bender

(Note: The Supreme Court, on October 3, 2008, appointed Bender, then the Cook County Public Administrator, to a vacancy "created by the retirement of the Honorable William Patrick O'Malley" -- not to an "additional judgeship." Per email received since this was initially posted, however, Judge O'Malley had been elected to an old city-only judgeship -- these were abolished when the subcircuits were created -- that was converted to a 9th subcircuit seat. I wrote to the State Board of Elections for clarification when I made this initial post, and I'll be pleased to pass along any additional information received from that quarter. However, this is an explanation that appears to fit the facts and I thank the person who took time to pass this along.)

11th Subcircuit

Vacancy of the Hon. Barbara Riley -- Steven J. Fruth

14th Subcircuit

Additional Judgeship A -- Daniel J. Pierce

15th Subcircuit

Vacancy of the Hon. Marcella C. Lipinski -- John A. Wasilewski
Vacancy of the Hon. Thomas P. Panichi -- George Scully, Jr.
Vacancy of the Hon. William M. Phelan -- John C. Griffin

Steven Fruth appointed to 11th subcircuit vacancy

The Illinois Supreme Court has appointed Steven J. Fruth, an attorney with the Law Office Of Dale J. Sherman, and a lawyer since 1976, to fill the Barbara Riley vacancy in Cook County's 11th Judicial Subcircuit. The court's order provides that Fruth's appointment will be effective September 1, 2009. It will terminate December 6, 2010.

Judicial candidate evaluations get underway

Petitions aren't the only things that serious judicial candidates should be wrestling with right now.

Both the Chicago Bar Association and the Alliance of Bar Associations for Judicial Screening have announced plans for early screening of judicial hopefuls.

Right now, the Chicago Bar Association is focusing on candidates hoping to appear before a party slating committee. That link will get you to the candidate information page on the CBA website; from there you can access the Candidate Questionnaire (a Microsoft Word file) and other relevant forms. Visit that page before you contact the CBA's Therese Kurth at tkurth@chicagobar.org.

Meanwhile, the Illinois State Bar Association's Joyce Williams (who coordinates Alliance screenings in Cook County) advises that of the Alliance has also implemented an early-decision review process for judicial hopefuls.

The Alliance is inviting applications from candidates who have not already been evaluated by the Alliance bars and all sitting judges seeking a higher office to submit applications for "early review." Applications will be accepted beginning September 1 and must be submitted by no later than October 12 in order to qualify for early review. (The absolute drop-dead date for submission of a questionnaire to the Alliance is November 30. According to Ms. Williams, "any late submissions will result in a rating of 'not evaluated' or 'not recommended/qualified' if the candidate decides to run in the 2010 primary election.") Williams said the Alliance early review is not for slating purposes.

The Alliance questionnaire (also a Word file) can be accessed from this page on the ISBA website. Candidates should visit that page before directing any questions to Ms. Williams at jwilliams@isba.org.

Thaddeus L. Wilson announces for Coleman vacancy, plans fundraiser

According to his campaign website, Judge Thaddeus L. Wilson will be a candidate for the Coleman vacancy in Cook County's 1st Judicial Subcircuit.

A former law partner of 21st Ward Alderman Howard B. Brookins, Jr., and a judge since August 2007, Wilson was initially appointed by the Illinois Supreme Court to the Montelione vacancy. He lost his bid to keep that countywide seat in the 2008 primary to Debra B. Walker but was appointed by the Supreme Court to the Coleman vacancy on November 18, 2008.

A fundraiser is being planned for Judge Wilson on August 27. Tickets are scaled from $150 to $1,000 (for a 'sponsor' designation). For further information call (312)244-3786, ext. 1.

Judge Wilson's campaign website has been added to the Sidebar. The campaign also has a Facebook page.

And they're off!

Herewith a link to the 2010 Election and Campaign Finance Calendar compiled by the Illinois State Board of Elections.

The silly season is officially underway: Petitions may now be circulated for the 2010 primary.

Candidate filing opens October 26 -- and closes November 2 -- all for jobs that don't start until December 6. That's December 6, 2010.

The primary election is February 2, 2010 -- Groundhog's Day.

If things go according to form, virtually all Cook County judicial races will be decided that day: There will be very few contests in the November election. As a general rule, the nominee of the Democratic Party selected on February 2 will be sworn in as a judge on December 6, 2010.

Here's a link to the 2010 Candidate Guide compiled by the Illinois State Board of Elections.

And here's a link to the current list of judicial vacancies in Illinois. The current Cook County vacancies are:

Countywide Vacancies

Vacancy of the Hon. Richard B. Berland
Vacancy of the Hon. Philip L. Bronstein
Vacancy of the Hon. Francis J. Dolan
Vacancy of the Hon. Marsha D. Hayes
Vacancy of the Hon. Daniel J. Kelley
Vacancy of the Hon. James P. O’Malley
Vacancy of the Hon. Ronald C. Riley

1st Subcircuit

Vacancy of the Hon. Sharon Johnson Coleman
Vacancy of the Hon. John O. Steele

3rd Subcircuit

Vacancy of the Hon. Thomas F. Carmody, Jr.
Vacancy of the Hon. Daniel P. Darcy
Additional Judgeship A

9th Subcircuit

Vacancy of the Hon. Sandra R. Otaka
Additional Judgeship A

11th Subcircuit

Vacancy of the Hon. Barbara Riley

14th Subcircuit

Additional Judgeship A

15th Subcircuit

Vacancy of the Hon. Marcella C. Lipinski
Vacancy of the Hon. Thomas P. Panichi
Vacancy of the Hon. William M. Phelan

Additional vacancies may be added to this list, depending on when they occur.

Judge Mitchell announces campaign committee

Former Winston & Strawn partner Raymond W. Mitchell, appointed by the Illinois Supreme Court to the Hayes vacancy last year, has announced the formation of a campaign committee.

The committee is co-chaired by former Governor (and former Winston & Strawn managing partner) James R. Thompson and Robert A. Clifford, and, according to an email received by this blog, "his committee includes a number of prominent Chicagoans such as Bob Bingle, Tom Donovan, Paula H. Holderman, Kevin Forde, Gail Morse, John Simon and Dan Webb." That same email advises that Judge Mitchell's campaign will be managed by Mike Tierney.

The Mitchell campaign also has a website up and running. That's a link to the site; a link has also been added to the sidebar.

Abbey Fishman Romanek plans 9th Subcircuit bid

Abbey Fishman Romanek, a former Assistant Attorney General and an insurance defense practitioner with several Chicago firms, is planning to run for judge in the 9th Subcircuit in the February 2010 primary.

Ms. Romanek already has a website up and running; a link to the site has been established in the sidebar. Her campaign bio notes that, "In 2006, Abbey decided to devote herself to her family and community fulltime while still maintaining a small law practice on the side." Ms. Romanek has sought judicial office previously; another page on her website displays favorable ratings from the several members of the Alliance of Bar Associations for Judicial Screening.

Illinois Supreme Court throws out judicial age limits

The Illinois Supreme Court struck down the Compulsory Retirement of Judges Act this past Thursday in Maddux v. Blagojevich.

Cook County Law Division Presiding Judge William D. Maddux filed suit attacking the law in 2007; I wrote about the suit when it was filed.

Judge Maddux will turn 75 before December 6, 2010, when his current term expires. According to the Compulsory Retirement of Judges Act, Maddux would have been "automatically retired," unable to seek retention. Under Anagnost v. Layhe, 230 Ill.App.3d 540, 595 N.E.2d 109 (1st Dist. 1992), Maddux would have been able to attempt to retain his office only if he filed for the primary -- and took his chances against all comers. (In an amended complaint, Judge Maddux indicated a willingness to seek retention, if the Act were invalidated, but said he would not seek to keep his office in a contested primary.)

The Supreme Court acknowledged that, under Article VI, section 15a of the Illinois Constitution, "The General Assembly may provide by law for the retirement of Judges and Associate Judges at a prescribed age." The court found, however, that the Compulsory Retirement of Judges Act was, "in effect, nothing but an anti-retention provision. A judge disqualified by age from running for retention, yet able to hold a judicial seat, even the one he was retired from, via an open election is, in no sense of the word, 'retired.' As such, the Act, so construed [in Anagnost], fails to fulfill the constitutional mandate of compulsory retirement." (Slip op. at p. 8.)

After overruling Anagnost, the majority opinion explained why the Compulsory Retirement of Judges Act was unconstitutional (slip op. at 14):

There is no rational basis upon which the legislature can prevent 75-year-old or older former judges from running in an election, but not citizens 75 years old or older who were never judges when the disqualifying characteristic is age. If the legitimate state interest is to insure a “vigorous judiciary,” the classification we describe above cannot be deemed rationally related to that purpose. We stress again that if age defines ability (and both the constitutional and legislative history indicate that it was believed that it does), either all those 75 years of age or older are unfit or they are not. No presumption of constitutionality could save legislation like this that so blatantly violates equal protection.

The Supreme Court's majority opinion was authored by Justice Charles Freeman, himself 75 and, because of this opinion, now eligible to seek retention in 2010, should he so choose. Abdon M. Pallasch, writing in Friday's Chicago Sun-Times, quotes William Schroeder, a law professor at Southern Illinois University, as saying that Freeman's participation in the case, "has the appearance of impropriety. It diminishes the reputation of the judiciary and calls into question the integrity of the procedures. It brings the administration of justice into disrepute and causes the citizens to question the integrity of the process."

But DePaul University Law Professor Jeffrey Shaman was not as critical. According to Pallasch's article, Shaman said, "It might have been the better part of discretion if Judge Freeman had not written the decision in the case, but, even so, I don't think this is a situation where he had to disqualify himself from hearing the case." Pallasch also reports that Supreme Court spokesman Joe Tybor said, "I really think it's presumptuous to say it would 'benefit' Freeman."

Quoting from the Sun-Times article:

Freeman's accountant told him [Tybor] that with his pension, he would make more money if he retires. Maddux's attorney David Novoselsky said that was true for all the older judges who save taxpayers money by staying on the bench instead of leaving and drawing their generous pensions.

"It's really the voters in Illinois who benefit," Tybor said.

Asian groups protest filling of Otaka vacancy

FWIW received this press release:

Local Asian American leaders are outraged, dismayed, and disappointed by the hasty action of the Illinois Supreme Court to fill a seat left vacant by the recent death of Circuit Court Judge Sandra Otaka.

Otaka, who died on Saturday, June 5th, was the first and only Asian American elected to serve as a circuit court judge in Cook County. Her successor was appointed just five days after her death -- before the judge had even been laid to rest.

"The circumstances surrounding the appointment of Judge Otaka's successor suggests that the decision was made without regard to the changing demographics of the comm unity she served," said Diana Lin, president of the Asian American Institute (AAI).

Otaka, first elected judge in 2002, was retained last November in the 9th Judicial Subcircuit District -- home to Cook County's largest concentration of Asian Americans (about 300,000 residents).

The public outcry from community leaders came after they learned that the Illinois Supreme Court had appointed, as Otaka's successor, someone with no ties, or familiarity, with the county's Asian American community.

Nearly three-dozen Asian American groups (see attached list) are demanding more transparency in the appointment process and pushing for diversity on the bench with qualified candidates. The Asian American Bar Association, which expected to be consulted for recommendations of qualified candidates, had not even been notified that the process to select Otaka's successor was already ongoing.

"There are Asian American lawyers qualified to merit consideration for Judge Otaka's vacancy," says Anne I. Shaw, immediate past president of the Asian American Bar Association (AABA). "Given the historic significance of Judge Otaka's election and her stature as a beloved icon for Asian Americans, we had hoped that the Illinois Supreme Court would have exercised some sensitivity to Cook County's Asian American community by giving strong consideration to the prospect of appointing an Asian American, appointing someone with ties to our community or, at least, alerting Asian American community leaders."

Asian Americans are the fastest-growing minority group within the legal profession, yet continue to be grossly underrepresented in the judiciary. Otaka championed the effort to increase diversity in the Cook County court system. Her death leaves only six judges of Asian ancestry in the county. However, all six are associate judges -- not full circuit court judges like Otaka.

Groups protesting the recent action of the Illinois Supreme Court include:

• Asian American Bar Association of Greater Chicago
• Apna Ghar
• Asian American Coalition of Chicago
• Alliance of Filipinos for Immigrant Rights and Empowerment (AFIRE)
• Asian American Action Fund Greater Chicago
• Asian American Institute
• Asian Chronicle USA
• Asian Health Coalition of Illinois
• Asian Pacific Americans for Progress-Chicago
• Chinese American Bar Association
• Chinese American Service League
• Chinese Mutual Aid Association
• Coalition for a Better Chinese American Community
• Filipino American Council of Greater Chicago
• Filipino American Network
• Hanul Family Alliance
• Hamdard Center for Health and Human Services
• Indo-American Democratic Organization
• Indian American Bar Association
• Japanese American Citizens League
• Korean American Association of Chicago
• Korean American Bar Association of Chicago
• Korean American Community Services
• Korean American Resource and Cultural Center
• Korean American Women in Need
• Muslim Women’s Resource Center
• National Association of Asian American Professionals - Chicago
• National Association of Asian Pacific American Educators – Illinois Chapter
• Organization of Chinese Americans- Greater Chicago Chapter
• Philippine American Chamber of Commerce of Greater Chicago
• Pui Tak Center
• Punjabi Cultural Society of Chicago
• South Asian American Policy and Research Institute
• South Asian Progressive Action Collective
• Southeast Asia Center
• Sikh American Heritage Organization

End of press release.

Anne I. Shaw, the President of the Asian American Bar Association in 2007-08, was listed on the release as a contact person and I took the liberty of following up.

Some background:

As I understand the process, while the entire Supreme Court fills vacancies, as a practical matter, the Court acts on the recommendation of the justice in whose district the vacancy occurs. In Cook County, which has three justices, the justices take turns making appointments.

These days all of the justices have committees of one sort or another to advise them on appointments. In Cook County the Chicago Bar Association, at least, will be asked to provide an opinion about the merits of proposed appointee. Many persons seeking appointments have sought judicial office before and will have already had their credentials examined by both the CBA and the Alliance of Bar Associations for Judicial Screening. The Asian American Bar Association is a member of the Alliance.

In an email to FWIW, Anne Shaw, the former AABA president, acknowledged that AABA had not contacted the Supreme Court about the Otaka vacancy before it was filled. "We are and were mourning Judge Otaka’s death. She was a beloved leader and icon not just in our community, but in the community at large," Shaw said.

I have no inside knowledge of the circumstances surrounding how the Otaka vacancy was filled, but it may be that Yehuda Lebovits had already been screened and approved for appointment for the next available 9th Subcircuit vacancy before Judge Otaka's passing. That might account for how quickly the vacancy was filled. Anne Shaw had nothing to say against Mr. Lebovits individually; rather, she said, the Asian groups are calling for "greater transparency in the [appointment] process."

"Greater transparency," Shaw said, "would benefit everyone," including the Illinois Supreme Court. "We believe that this will encourage a larger pool of qualified applicants for the Illinois Supreme Court to consider."

Judge Bender campaign website up and running

Michael Ian Bender was appointed to the O'Malley vacancy in the 9th Subcircuit this past October. He now has a campaign website up and running in anticipation of the February 2010 primary.

I've started a sidebar category for Cook County 2010 judicial campaign websites; Judge Bender's is my first entry. (I had quite a list for the 2008 primary; I archived these links in this post on Page Two of this blog. Most of the 2008 links are now dead, but not all of them, and I'm sure some of these will soon join Judge Bender in the Sidebar here.)

If you know of any other 2010 Cook County judicial campaign websites already up and running, please let me know.

Yehuda P. Lebovits appointed to Otaka vacancy

Yehuda P. Lebovits, director of the Cook County Expedited Child Support Program, and a Lincolnwood village trustee, has been appointed by the Illinois Supreme Court to fill the 9th Subcircuit vacancy created by the recent death of Judge Sandra R. Otaka. Judge Otaka was the first Asian American elected to the Cook County bench.

A lawyer since 1983, Lebovits was among the finalists for the Associate Judge vacancies filled in 2007. A June 2008 Chicago Daily Law Bulletin article notes that Lebovits also served as financial secretary of the Decalogue Society of Lawyers.

The Expedited Child Support Program is a collaboration between the State of Illinois, Chief Judge of the Circuit Court of Cook County, Cook County State's Attorney and the Clerk of the Circuit Court of Cook County. You can find out more about the Expedited Child Support Program by following this link.

Lebovits' appointment is effective June 25 and runs through December 6, 2010.

Kull, Wasilewski receive Cook County judicial appointments

Geary W. Kull started his judicial career today. He was appointed by the Illinois Supreme Court on May 27, 2009 to fill a countywide vacancy created by the retirement of Judge Francis J. Dolan. The appointment ends on December 6, 2010.

A June 4 Chicago Daily Law Bulletin article notes that Kull was admitted to the Illinois bar in 1974. A sole practitioner, Kull's practice was focused on criminal law and civil rights law. He represented Floyd Durr, who pled guilty in 2006 to the murder of 11-year old Ryan Harris. (Durr was charged after charges were dropped against the initial suspects, aged 7 and 8.)

Kull has sought judicial office previously. In the 1994 primary, Kull was a candidate for the countywide Durham vacancy. At the time, the CBA rated him qualified, saying "Kull is a hardworking and diligent attorney with broad legal experience. Kull would be a fine addition to the bench." A search of Law Bulletin archives on Westlaw reveals that Kull also applied for an associate judgeship in 1997.

John A. Wasilewski was serving as an Associate Judge when the Illinois Supreme Court tapped him to fill a vacancy in the 15th Subcircuit created by the retirement of Judge Marcella C. Lipinski. Wasilewski's appointment was effective May 6; his appointment will also terminate on December 6, 2010.

Wasilewski was a member of the first graduating class (in 1978) of what was, briefly, the Lewis University College of Law (the law school is now part of Northern Illinois University). An October 2008 Law Bulletin article noted that 17 of the roughly 300 members of that graduating class became judges. According to the Law Bulletin, Wasilewski co-chaired the 30th anniversary gathering along with Cook County Associate Judge Gloria G. Coco.

Wasilewski joined the State's Attorney's office after law school; he became an Associate Judge in 1988. John Flynn Rooney's 1997 profile of Judge Wasilewski in the Law Bulletin noted that, while an ASA, Wasilewski "was known as a 'law guy,' or someone who diligently read the most recent criminal law cases."

The difference between red light & speed cameras

State Sen. Terry Link (D. Waukegan) has made quite a splash recently with a proposal to allow cameras to catch speeders and issue tickets. Jon Hilkevitch writes about the proposal in yesterday's Chicago Tribune; you can find the text of SB 1852 by following the link embedded in this sentence.

In the City of Chicago and certain Illinois counties the law already permits the erection of 'red light cameras' that automatically spit out tickets to violators. (For the state statute, see §11-208.6 of the Motor Vehicle Code, 625 ILCS 5/11-208.6.) These cameras seem to work: Where signs warn of camera enforcement, even at intersections where a red light was previously taken as little more than a suggestion, motorists seem to have modified their behavior. More of them actually stop when they're supposed to. (In one sense these cameras may have worked too well: Complaints have surfaced in some quarters about the cameras failing to generate promised revenues.)

But determining who is a speeder is fundamentally different from determining whether someone has, or has not, blown a red light. Running a red light is an either/or proposition. An unthinking, unblinking camera can reasonably make that call. But can it really decide when someone is really "speeding"?

What is a "speed limit" anyway? On most arterial streets, at rush hour, it's an impossible dream; at non-peak hours, though, on those same streets, a speed limit is more like a posted minimum. A "speed limit" is not a "limit" at all. A limit is an absolute: Try buying three items when the store says "limit two." Watch what happens when you exceed your credit limit. A speed limit is more a target average.

A police officer observing traffic may see that traffic is moving safely and smoothly at 40 mph... and choose not to enforce a 35 mph limit. A police officer observing traffic on an icy Winter's day may see that it is unsafe to drive at even 20 mph and pull over a motorist who tries. A driver can be ticketed under §11-601(a) of the Motor Vehicle Code for "driving too fast for conditions." ("The fact that the speed of a vehicle does not exceed the applicable maximum speed limit does not relieve the driver from the duty to decrease speed... when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.")

A police officer has training, judgment and discretion. The most advanced unthinking, unblinking eye has none of these.

Well, says the Tribune editorial this morning, in Arizona cameras are set to catch only those traveling 11 mph over the posted limit. An article by William M. Bulkeley in today's Wall Street Journal notes the same assertion.

But there's no guarantee that an 11 mph cushion would remain in place for long. It all depends on whether the cameras generate the anticipated revenue.

Don't blame me for a cynical assertion. Bulkeley's article cites "a study in last month's Journal of Law and Economics [which] concluded that, as many motorists have long suspected, 'governments use traffic tickets as a means of generating revenue.' The authors, Thomas Garrett of the St. Louis Fed and Gary Wagner of the University of Arkansas at Little Rock, studied 14 years of traffic-ticket data from 96 counties in North Carolina. They found that when local-government revenue declines, police issue more tickets in the following year." Thin the cushion, fatten the revenues.

The Tribune thinks that cameras will make the highways safer. But Bulkeley reports that studies are mixed on whether speed cameras enhance safety:

Some research indicates they may increase rear-end collisions as drivers slam on their brakes when they see posted camera notices. A 2005 Federal Highway Administration study of six cities' red-light cameras concluded there was a "modest" economic benefit because a reduction in side crashes due to less red-light running offset the higher costs of more rear-end crashes.

A study of crash causes released by the National Highway Traffic Safety Administration last July found about 5% of crashes were due to traveling too fast and 2% were from running red lights. Driving off the side of the road, falling asleep at the wheel and crossing the center lines were the biggest causes identified.

Speed cameras are about revenue, not safety. Unless we're going to make speed limits into real limits -- top end speeds beyond which no one can travel safely at any time, under any conditions -- discretion is always going to play a role in determining what constitutes speeding. Machines just can't do this job.

--------------------------------------------------------------------

Bulkeley's WSJ article discusses countermeasures some citizens have taken in response to unthinking, unblinking eyes. The funniest of these is shown in a YouTube video and you can watch that on page two.

Daniel B. Malone appointed to Cook County bench

Daniel B. Malone, a partner at the Healy Law Firm Ltd., has been appointed to the Cook County Circuit Court effective February 24, 2009. Malone will fill the "A" vacancy in the Third Subcircuit. His appointment will expire on December 6, 2010.

Malone obtained his undergraduate degree in 1979 from the University of Illinois and his law degree from DePaul University in 1986. He's been a partner at the Healy Law Firm since 2001 concentrating in personal injury and worker's compensation matters. According to his biography on the Healy firm website, Malone "currently serves as the Vice President and was the former Treasurer and on the Board of Directors for the Workers' Compensation Association. He is on the Board of Managers of the Illinois Trial Lawyers Association."

Malone made the Law Bulletin last March when the Illinois Appellate Court reinstated a claim he brought against Commonwealth Edison on behalf of a City of Chicago electrician who was injured while working in the Heating and Refrigeration (H & R) building at O'Hare International Airport, performing maintenance work on a circuit breaker. The Appellate Court held that the construction statute of repose did not apply to Commonwealth Edison's duty to maintain its equipment, even if the equipment had been installed more than 20 years before. The case is Ryan v. Commonwealth Edison Co., 381 Ill.App.3d 877, 885 N.E.2d 544 (1st Dist. 2008).

According to the Healy Firm website, Malone has served as Chairman of the Finance Committee of St. Mary Star of the Sea Parish in Chicago, also participating as a cantor and in the church choir. Malone has also been "a long term Commissioner and was the former Chairman of the Southwest Home Equity Assurance Program" and "currently serves as a Commissioner on the Midway Noise Compatibility Commission."

Rep. Scully appointed to 15th Subcircuit vacancy

Flossmoor State Representative George Scully, Jr. (D-80) has been appointed by the Illinois Supreme Court to fill the 15th Subcircuit vacancy created by the retirement of Judge Thomas P. Panichi. According to a February 5 post by Ashley Rueff on the Tribune's "Clout Street" blog, Scully broke the happy news yesterday to his House colleagues. They responded with a round of applause. Rueff's post quotes Scully as saying that, as a judge, "I have to keep my opinions to myself, and that is a big transition."

According to his House biography, Scully did his undergraduate work at Northern Illinois University and obtained his law degree from John Marshall Law School in Chicago. He also took graduate courses at Oxford University. Scully was admitted to practice in Illinois in 1981. His law office was located in Tinley Park.

Scully's appointment is effective February 27, 2009 and terminates December 6, 2010.

William R. Jackson Jr. appointed to Riley vacancy

The Illinois Supreme Court has announced the appointment of Evanston attorney William R. Jackson Jr. to the Circuit Court of Cook County. Mr. Jackson, a partner in the firm of Bradley & Jackson, will fill the vacancy created by the retirement of Judge Ronald C. Riley. The appointment begins on March 2, 2009 and terminates on December 6, 2010.

A 1974 graduate of the Northwestern University School of Law and a certified public accountant, Jackson worked for Winston & Strawn from 1974 to 1978. He founded Bradley & Jackson in 1988 and, in between, worked for Price Waterhouse Coopers in Chicago, Container Corporation of America, and Borg-Warner Corporation. Since 2001 Jackson has worked as an administrative law judge in Evanston; in addition, according to the Supreme Court's press release, Jackson has been a arbitrator with the Financial Institute Regulatory Authority since 1992, "mediating cases between the investing public against brokerage firms and their employees."

Jackson was among the finalists for Associate Judge in 2008. The Chicago Council of Lawyers reported at that time that, "Attorneys view Mr. Jackson as smart, well prepared, and knowledgeable. He is praised for his even temperament and his calming influence in heated situations."

Postal service in Chicago Loop picks up unintended consequence of Obama election

It has been an almost nightly ritual for me: Trying to get as much stuff done and copied and posted by 5:00 pm when the mail would be picked up at my Chicago office building. Some nights, particularly in the rush to Christmas, the letter carrier might be delayed until 5:20 or even 5:30 p.m.

But, says the Sun-Times this morning, my ritual has ended: The Postal Service, citing both budgetary and security concerns, has discontinued 5:00 p.m. mail pick-ups in Loop office buildings. Lisa Donovan's story quotes Chicago postal service spokesman Mark Reynolds as explaining that the late afternoon pick-ups were discontinued "in larger part out of security concerns, and then we took a broader look at overall efficiencies we could make." Reynolds told Donavan that the Secret Service asked the postal service to "make some adjustments at the Kluczyski Federal building where the transition office is, so we could comply with security" restrictions.

But -- writes Donovan -- there is good news: "Stand-alone blue boxes dotting the Loop will continue with regular pickups, including the final 5 p.m. timeslot."

This would be good news... if in fact there were any stand-alone blue boxes still left in the Loop. Most of these disappeared after 9/11.

If anyone reading this knows where a mailbox might be found on the street in the Loop, please leave a comment. Perhaps we can generate a list. If that won't violate some security protocol.

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.

Cook County contested subcircuit results

According to figures posted on the website of Cook County Clerk David Orr, with 98.56% of the votes counted, Democrat Pat Rogers easily defeated Republican Maureen H. Masterson-Pulia for the Fourth Subcircuit Schultz vacancy.

In the 15th Subcircuit, with 98.12% of the votes counted, Democrat Anna Helen Demacopoulous bested Republican Peter Fera, with a margin of over 32,000 votes.

In the 12th Subcircuit race for the Devlin vacancy, with 97.64% of the votes counted, Democrat Pamela Elizabeth Loza appears to have bested Republican Laura J. Morask by just over 10,000 votes.

The margins in the two contested 13th Subcircuit races were much closer. In the race for the Ryan vacancy, with only eight precincts still outstanding, Republican Annie O'Donnell was clinging to a 385 vote lead in her race over Democrat Ann Catherine Brady. As of 2:58 a.m., the Cook County Clerk's website showed O'Donnell with 56,208 votes to Brady's 55,823.

The race for the Tobin vacancy is not quite as close. Republican Margarita Kulys Hoffman had a 1,488 vote lead over Democrat Carol L. Barnes 293 of 301 precincts reporting. Hoffman had 55,951 votes to Barnes' 54,463.

Illinois voters: You should receive this notice before voting

(Click to enlarge if necessary.)

You are looking at a notice you should receive tomorrow when you vote. (Early voters, absentee voters, you should already have seen this notice.)

From an email received from the CBA and sent to all CBA members:

As you have probably heard, the CBA has filed suit challenging the form of the ballot for the referendum in the upcoming election about the calling of a Constitutional Convention in Illinois. The CBA has not taken a position supporting or opposing holding a Constitutional Convention. Our lawsuit is simply intended to ensure that the referendum is conducted in a fair and constitutional manner.

The circuit and appellate courts have agreed with us that the form of ballot certified by the State Board of Elections is inaccurate, biased, and misleading. The courts have ordered that each voter, before voting, be given a "Corrective Notice" in the form [shown above]. All voters throughout Illinois are supposed to receive the Notice, including those voting by absentee ballot, Early Voting, and on Election Day.

If you don't receive this notice when you vote, ask for it.

Today's CBA "vote no" ad is slightly misleading

Here is the ad inserted in this morning's Chicago Sun-Times by the Judicial Evaluation Committee of the Chicago Bar Association. (Some of the names appear toned differently than others in this copy, but that is a reflection of my limited scanning skills. No names were differently presented in the actual newspaper ad.)

The Chicago Bar Association does not endorse candidates for judicial office. None of the major bar associations do. But the CBA does rate candidates as either "Qualified" (and occasionally as "Highly Qualified") or "Not Recommended." (You can read what the CBA said about each of the retention candidates that it has found "Not Recommended" at this linked post.)

This morning's ad tells voters which current sitting judges ("Judges Running to Retain Their Seats") that it finds "Not Recommended."

But it also suggests that voters vote "no" on five other candidates, one running countywide, the other four running in subcircuit races.

The problem is -- and here is where the ad can be somewhat misleading -- in three of these five races there is no other candidate.

Kristyna Colleen Ryan, Dominique C. Ross, and Jackie Marie Portman were all assured of victory tomorrow when they won their primary races. There are no Republicans running against them; there are no Green Party candidates running against them. They are unopposed.

Voters wanting to follow the CBA's recommendations in these races may be understandably confused: They have no one else to vote for.

Kristyna Colleen Ryan narrowly outpolled the candidate endorsed by the Democratic Party, Paula M. Lingo, in a three-way race. Dominique C. Ross was not declared a winner in her neck-and-neck contest with former Cook County Bar Association President Stephen Stern until late August -- after a recount trial.

Only Jackie Marie Portman's race was won by a relatively comfortable margin. She bested two opponents, Nkrumah Lumumba Hopkins and Furmin D. Sessoms. Sessoms had been appointed to the bench by the Illinois Supreme Court.

In any event, the CBA can not influence the outcome of these three races at this point. And voters who usually vote only in general elections, and not in primaries, should remember, in the future, that many judicial elections are already decided when the polls close on Primary Day.

Morask responds to negative Council evaluation

Click here for 12th Subcircuit roundup post.

Since the linked roundup post appeared, I've received an email from Republican candidate Laura J. Morask responding to the new, harsh evaluation of her candidacy issued by the Chicago Council of Lawyers for the general election. (The entire text of the new evaluation can be accessed at the linked post.)

The Council initially found Morask "not recommended" because she did not participate in the Alliance of Bar Associations screening process. Morask has said that she could not comply with the tight Alliance screening deadline because of a planned family vacation. But the new evaluation suggested that Morask had an ulterior motive for ducking the Council evaluation, namely, trying to avoid calling attention to past accusations of prosecutorial misconduct.

From Morask's email:

I am dumbfounded that the Chicago Council of Lawyers would be so dishonest and misleading to the voting public as to print their "conspiracy theory" as to why I did not participate in their ratings. The simple fact is that had they or anyone else asked or researched the truth about these accusations at all, they could find that I had a full and complete hearing in the ARDC, the board that regulates conduct and was completely cleared. The chronology painted by the Council of Lawyers is a complete lie and extremely misleading to the public to say an intentional pattern of misconduct occurred. I have prosecuted the highest number of jury trials in Cook County and to have three cases (not nine) in which my sarcasm has been criticized is by far the best record of any attorney much less prosecutor. Only one of these cases was ever reversed and our office appealed it to the highest court. If one looks at the record instead of the conspiracy oriented drivel written by the Council you can see the following.

People v. SanAntone Moss-prosecuted in October 1998-jury convicted, sentenced to death for multiple murder, Govenor Ryan communted in Mass Commutations.
People v. Roy Fluker-prosecuted in December 1998-Conviction and sentenced to 35 yrs.
People v. Evan Griffith-prosecuted in June, 2001, sentenced to life for second murder.

People v. Roy Fluker conviction reversed in opinion December 2000 (criticism of closing argument allowed by trial court pursuant to pre-trial proper motion)
People v. Moss-appeal and conviction affirmed (with criticism of closing argument allowed by Trial Judge) October, 2001(commuted in mass Ryan commutations)
People v. Griffith-appealed with affirmance (criticism of my conduct which was pursuant to pre-trial motions allowed by Trial Judge) in opinion issued in 2002 which was then appealed to the Illinois Supreme Court by the defendant where no less a person than the State's Attorney of Cook County made a special appearance to argue to the Justices on behalf of my integrity and lack of prosecutorial misconduct and to decry the misleading push to make it appear as if a pattern existed when in fact the above chronology demonstrates the simple fact that the three cases were prosecuted before the first opinion issued. In other words, I never flouted any court ruling or admonishment. This fact was recognized by no less august a tribunal than the ARDC, and the Chicago Bar Association and the Northwest Suburbuan Bar who all had the same exhaustive application wherein one must attach any complaints.

It is dumbfounding to me that the Council of Lawyers violated their oath as responsible lawyers and citizens by printing what they did. Mr. Devine and every single judge involved in any of these cases will and has vouched for me repeatedly to the bar associations that are the major peer reviewed bars-the CBA, and NWSBA. The Alliance has demonstrated on prior occasions their agenda as a mere glance at their application reflects a bias that is not appropriate for judicial candidates. Unlike my opponent I have sat on the judicial evaluation and investigation committees of many of the Alliance and the CBA.

13th Subcircuit roundup (Ryan vacancy) -- Brady v. O'Donnell

In the race for the Ryan vacancy in the 13th Judicial Subcircuit, Republican Annie O'Donnell opposes Democrat Ann Catherine Brady (at right).

The Chicago Bar Association found O'Donnell qualified:

Annie O'Donnell is "Qualified" for the office of Circuit Court Judge. Ms. O'Donnell was admitted to practice law in Illinois in 1987 and has extensive experience in criminal law. Ms. O'Donnell is knowledgeable, hardworking, and possesses all the requisite qualifications to serve as a Circuit Court Judge.

The Chicago Council of Lawyers stood by the "not qualified" rating it issued to O'Donnell at the time of the 2004 judicial primary:

Annie O'Donnell received her license to practice law in 1987. She has been a solo practitioner engaged in criminal defense work since 1995. Before that, she served as an Assistant Cook County Public Defender. Ms. O'Donnell has good legal ability and a good temperament. The Council is concerned about the narrowness of her practice, including lack of sufficient courtroom experience in complex matters. The Council finds her Not Qualified for the Circuit Court.

Brady was found qualified by the CBA:

Ann Catherine Brady is “Qualified” for the office of Circuit Court Judge. Ms. Brady was admitted to practice law in Illinois in 1987. Ms. Brady is well regarded for her legal knowledge and ability and possesses all the requisite qualifications to serve as a Circuit Court Judge.

The Council disagreed:

Ann Catherine Brady has been a lawyer since 1987. She has handled principally domestic relations cases in private law firms throughout her career. Lawyers report that she has good legal ability and a good temperament. The Council is concerned, however, that her practice is narrow and too often involves non-complicated litigation matters. She has no jury trial experience. The Council finds her Not Qualified for the Circuit Court.

Here is the chart showing all of the Alliance ratings for these candidates (click to enlarge):

The Chicago Sun-Times endorsed Brady in this race. The Chicago Tribune said, "Democrat Ann Catherine Brady and Republican Annie O'Donnell are capable, experienced lawyers, each with 21 years of private practice. A slight edge goes to O'Donnell for her broader range of litigation experience as a criminal defense lawyer and public defender. She is endorsed."

I have been unable to find a website for O'Donnell. Brady's website can be found at bradyforjudge.org.

13th Subcircuit roundup (Tobin vacancy) -- Barnes v. Kulys-Hoffman

There are two contested judicial contests in the northwest suburban 13th Judicial Subcircuit.

In the race for the Tobin vacancy, Democrat Carol L. Barnes (at left) will face Republican Margarita Kulys-Hoffman.

Kulys-Hoffman is already serving as a judge, having been appointed to the post by the Illinois Supreme Court and, in September, being elected as an Associate Judge of the Cook County Circuit Court.

Barnes did not participate in the Chicago Bar Association evaluation process and was automatically found "NOT RECOMMENDED" as a consequence. She also did participate in the Alliance of Bar Association evaluation process; she was therefore found "not recommended" or "not qualified" by each of the Association members including the Chicago Council of Lawyers.

Here is what the CBA had to say about Kulys-Hoffman:

Judge Margarita Kulys Hoffman is "Qualified" for the office of Circuit Court Judge. Judge Hoffman was admitted to practice law in Illinois in 1983 and practiced law for 23 years before her appointment to the bench in 2006. Judge Hoffman has extensive experience and is highly respected for her knowledge of the law, work ethic, integrity, and fine judicial temperament.

The Council stated:

Margaret Kulys-Hoffman has been a lawyer since 1983. She was appointed to the bench by the Illinois Supreme Court in 2006. She currently presides over traffic court and misdemeanor courtrooms in the Rolling Meadows courthouse. The Council, in an earlier evaluation done before she took the bench, found Judge Kulys-Hoffman Not Qualified due to insufficient litigation experience. The Council’s current evaluation is based on her performance as a judge. She is considered by lawyers appearing before her to have good legal ability and temperament. She is praised for her courtroom management skills in high volume courtrooms. The Council finds her Qualified for the Circuit Court.

Here is the grid showing the ratings issued by each of the Alliance members in this race (click to enlarge):


The Chicago Tribune and the Chicago Sun-Times both endorsed Kulys-Hoffman. Kulys-Hoffman's website may be accessed at www.judgehoffman.org. Barnes' website is found at www.votecarolbarnes.com.

4th Subcircuit roundup -- Rogers vs. Masterson-Pulia

In Cook County's Fourth Judicial Subcircuit, Democrat Pat Rogers faces Republican Maureen Masterson-Pulia.

Again, the disparity in the photograph sizes is due to my technical limitations and not to any preference of any kind.

The Chicago Bar Association has rated Rogers qualified:

Patrick Toal Rogers is “Qualified” for the office of Circuit Court Judge. Mr. Rogers was admitted to practice law in Illinois in 1983 and has practiced law for 23 years. He has a diverse practice and possesses the depth and breadth of legal experience to serve as a Circuit Court Judge.

The Chicago Council of Lawyers, however, disagrees:

Pat Rogers was admitted to practice in 1983. He has been in private practice since 1988 and, is currently a solo general practitioner handling municipal, criminal and traffic cases. From 1983 until 1988, he was an Assistant Cook County State's Attorney. Since 1993, he has been a Supervisor for the Township of Lyons and also serves as an Administrative Hearing Officer for several other cities. Mr. Rogers is considered to knowledgeable about his practice areas, which are mainly limited to traffic and municipal matters. His integrity is unquestioned and he has a good temperament. The Council is concerned, however, that he has little experience in complex litigation matters and does not have the range of experience necessary to be judge. The Council finds him Not Qualified for the Circuit Court.

Neither the CBA nor the CCL rated Masterson-Pulia as qualified. Said the CBA:

Maureen Masterson-Pulia is “Not Recommended” for the office of Associate Judge. Ms. Masterson-Pulia was admitted to practice law in Illinois in 1994. Prior to her legal career, the candidate served as a Village Clerk and Village Trustee. She has good management skills and is articulate and poised. She has worked as an arbitrator for the Illinois Workers’ Compensation Commission for the last six and a half years and is well regarded for her timely and well-written decisions. Ms. Masterson-Pulia is a fine candidate but needs to acquire some litigation experience.

As the text of the CBA rating indicates, this is not a new evaluation but is an evaluation that dates from a prior effort by Masterson-Pulia to seek the office of Associate Judge. A footnote explains:

Pursuant to Section 27.4 of the JEC Resolutions and Procedures, a candidate who has been evaluated and found "NOT RECOMMENDED" for the office of Associate Judge and who shall within two years of such a finding be a candidate for Circuit Judge shall be found "NOT RECOMMENDED" without hearing.

The Council stated (also repeating its 2006 Associate Judge evaluation:

Maureen Pulia was admitted to practice in 1984. From 2003 to present, she has been an Arbitrator with the Illinois Workers Compensation Commission. From 1997 to 2003 she was Senior Public Service Administrator and Staff Attorney for the Illinois Workers Compensation Commission. Ms. Pulia is reported to have good legal ability and temperament. The Council is concerned, however, that her practice has been narrow and that she lacks sufficient litigation experience as a practitioner in complex matters. The Council finds her Not Qualified to serve in the Circuit Court.

Here are the complete Alliance of Bar Association ratings for Rogers and Masterson-Pulia (click to enlarge):


The Tribune and the Sun-Times have both endorsed Rogers.

In Thursday's Chicago Daily Law Bulletin, John Flynn Rooney reports that Rogers has raised $192,452 for this campaign, including a loan by the candidate to the campaign of $18,987 in late September. Masterson-Pulia has raised $15,381, according to that same article.

Pat Rogers' campaign website is at www.electpatrogers.com. Maureen Masterson-Pulia's website is maureenforjudge.com.