Celia G. Gamrath appointed to Chiola vacancy

The Illinois Supreme Court has appointed Celia G. Gamrath to the 8th Subcircuit vacancy created by the retirement of Judge Thomas R. Chiola.

Gamrath is currently a partner with Schiller, DuCanto & Fleck LLP. Gamrath joined that firm in 1998, after a stint as law clerk to then-Appellate Court Justice Thomas R. Rakowski. A 1994 graduate of John Marshall Law School, where she served as lead articles editor of the law review, Gamrath did her undergraduate work at Indiana University, receiving a business degree in 1991. (Her firm bio notes that Gamrath also had a minor in Spanish at IU.)

Gamrath served on the United States Magistrate Judge Merit Review (in 2008) and Magistrate Selection Panel (in 2007 and 2009) for the Northern District of Illinois. She has served on the Illinois Supreme Court Committee on Character and Fitness since 2004.

Gamrath also served as the President of the Justinian Society of Lawyers in 2006-07. She co-chair the Chicago Bar Association's Alliance for Women in 1999-2000 and has been a member of the Board of Directors of the Chicago Bar Foundation since 2004 (and has served as Secretary since 2007).

A member of the Assembly of the Illinois State Bar Association since 1997, Gamrath also served on the ISBA's Board of Governors from 2005-2008. She has served on the Board of Trustees of the John Marshall Law School since 2007 (Secretary since 2008) and was President of the Law School Alumni Association in 2003-04.

Gamrath's appointment is effective June 10 and will expire on December 3, 2012.

Protection principle provides framework for handling terror cases?

The arrest of Times Square bombing suspect Faisal Shahzad raises anew the question of how and where to try accused terrorists.

Shahzad is a naturalized American citizen, and it seems a virtual certainty that he will be tried in a 'civilian' federal court. This seems particularly likely in light of the Obama administration's promise late last year to try alleged 9/11 mastermind (and Kuwaiti native) Khalid Sheikh Mohammed in the Southern District of New York -- although the government has retreated from this position somewhat since. (Recently, Attorney General Holder said that there has been no final decision about where Khalid Sheikh Mohammed's trial will take place or even whether it will be held in a civilian court. Sources: Jake Tapper, ABC News, mystateline.com.)

But, sadly, as Shahzad's case reminds us, there will be other terror attempts. And, if Shahzad is an American citizen, Umar Farouk Abdulmutallab (the "Underwear Bomber") was not.

An article by Philip Hamburger, the Maurice & Hilda Friedman Professor of Law at Columbia Law School, Beyond Protection, 109 Colum. L. Rev. 1823 (Dec. 2009), looks to the principle of "protection" for a way to explain why it may well be appropriate to handle Shazad and Abdulmutallab differently. As the summary of the article explains, "Under the principle of protection, as understood in early American law, allegiance and protection were reciprocal. As a result, a person without allegiance was without protection, including the protection of the law. Not owing allegiance, such a person had no obligation to obey American law; moreover, not having protection, he had no rights under such law." In other words, the government has different obligations to citizens who engage in terrorism as opposed to foreigners who try to commit terrorist acts in this country. Explains Hamburger, "The principle thereby permits the nation to defend itself without having to compromise civil liberties." (109 Colum. L. Rev. at 1833.)

I do not pretend to have read the article. I was attracted to it, though, by an article about Professor Hamburger's article appearing in the current issue of the Wilson Quarterly.

Elected judges not "more biased or incompetent than their appointed counterparts"

That's the position taken by Eric Posner, the Kirkland and Ellis Professor of Law at the University of Chicago, in the May 17 issue of Newsweek.

Professor Posner writes that ongoing research, in which he and colleagues from Duke and New York Universities are engaged, supports this conclusion. Elected state court judges, says Posner, are more productive than their appointed brothers and sisters (as measured by the numbers of opinions produced), "nearly as professionally respected (as measured by citations per opinion), and no less independent (as measured by their willingness to disagree with judges in their own party)."

Posner's bottom line: "[A]s long as judges, like politicians, have the power to shape law through their decisions and interpretations, they must be accountable to their communities."

Mortgage foreclosure mediation program launched

Circuit Court of Cook County Chief Judge Timothy C. Evans has announced a program to assist struggling homeowners facing foreclosure.

According to the Circuit Court's press release (linked above), the Cook County Mortgage Foreclosure Mediation Program "will provide free housing counseling and legal services to Cook County homeowners and families in foreclosure. The program is aimed at helping homeowners resolve their mortgage cases in the most timely and respectful manner possible."

Judge Evans said, "The program's goal is to deliver critical services to homeowners as early as possible once the foreclosure process begins. In this way, homeowners in crisis are assured of receiving the support and information they need to explore fully their options either to stay in their homes or to negotiate a respectable exit."

To be eligible for this program, a person must be the owner and occupant of a 1-4 family home or condominium. Investment properties are not part of this program. The property being foreclosed must be in Cook County and must be the borrower-defendant's primary residence. Finally, the program applies to all foreclosure cases with an initial case management date on or after June 11, 2010. All such cases will have been filed on or after April 12.

Although I do not handle mortgage foreclosure cases, I took the opportunity to attend an April 9 briefing by Judge Dorothy Kirie Kinnaird, the Presiding Judge of the Chancery Division, offered for practitioners. In her remarks, Judge Kinnaird stressed that the program is not meant to delay foreclosure when foreclosure is appropriate; mediation will be allowed only when there is "something to negotiate." In some cases, there may be nothing at all to mediate, although there still may be an opportunity to work out a dignified way to leave the property.

Who decides whether there is something to negotiate in any given case?

The first step in determining whether a homeowner will be able to stay in his or her home is to contact a HUD-certified housing counselor. Any homeowner sued for mortgage foreclosure summons after April 12 should be served with a new five page summons. The second page of the new summons form provides the information that a homeowner needs to pay attention to in order to participate. Among the items on that notice is a toll-free number to call to set up a meeting with a HUD-certified housing counselor that is participating in the Cook County program. Information about securing legal representation is also included on that form. Interested readers can find out more about these services by visiting cookcountyforeclosurehelp.org.

Homeowners facing foreclosure may be contacted by all sorts of people offering to help. Unfortunately, some of these people may only be out to help themselves. Sadly, there are people who would prey on distressed homeowners. Homeowners must be careful to deal only with knowledgeable attorneys and reputable, HUD-certified housing counselors.

According to Judge Evans, the Cook County Mortgage Foreclosure Mediation Program is an unprecedented partnership between the Circuit Court of Cook County and several state and local organizations. According to the court's press release, the program is funded by the Cook County Board and administered by the Circuit Court's Chancery Division, the Circuit Court "and partner organizations, including the Illinois Housing Development Authority, The Chicago Bar Foundation and The Chicago Community Trust." The program will work with "attorneys and mediators from the Center for Conflict Resolution, the Chicago Legal Clinic and Chicago Volunteer Legal Services to provide access to free assistance to homeowners who have received a summons to appear in court."

Lawyers needed to protect against Internet trolls and improper incursions into online privacy

In his Friday column in the Chicago Tribune, John Kass wrote about anonymous, malicious Internet trolls. He wasn't writing about the ones who respond to his columns online (or to any other news article or opinion column on a mainstream media website) -- though these are bad enough. Kass was writing about college kids trashing one another on an anonymous website called College ACB (Anonymous Confession Board). The name may put one in mind of other confessional sites like Post Secret -- but Kass says the name is misleading. "Is it a confession to tell the world that someone named Tina is a slut crawling with disease?" Kass asks.

And even the "press release" describing the site does not pretend it is for kids to secretly confess their own failings. According to its "press release," College ACB "is the campus center, the dorm room, the cafeteria, and the lecture hall, all combined into a single, easily accessible forum where everyone is invited to converse openly, without fear of reprisal or reprimand. From sexuality to politics, from keg parties to concerns about course selections, the ACB is a website that helps build community and engenders the open exchange of information."

If Kass is correct, though, the real focus of ACB is providing a platform where college kids can say the most vile things about other college kids, even identifying them by name. Kass sums up thusly: "It's all about anonymous cruelty."

Kass suggests that sites like College ACB will eventually fade away. He speculates that lawyers will be part of the solution -- and he's not happy about it. He concludes:

"Both the law and the Internet are evolving as new cases arrive," said Sam Bayard, assistant director of Harvard University's Citizen Media Law Project. "In the absence of a Supreme Court case that takes up how this should work, it will continue to be a patchwork of legal doctrines."

Yet sooner or later, the Supreme Court will get around to it. The trolls will be identified, perhaps on "Expose the Trolls Who Dissed You on ACB" or on some libel law firm's site like "cashfortrolls.com."

There is one species even more bloodthirsty and relentless than the Internet trolls:

Lawyers.

And like reality, they bite.

Mr. Kass: Why are lawyers bad here? What's the problem with the law evolving on a case by case basis? The common law has been evolving since the reign of Henry II. Progress has been uneven, certainly, and not always free of controversy -- but human rights have advanced since the 1100s, haven't they? And, anyway, what's wrong with exposing Internet trolls to the sunshine -- and defamation liability? What's the alternative? Repeal of the First Amendment?

Gosh, I hope not.

Modern technology has made the First Amendment more important than ever. The Fourth Amendment, too. A man's home may still be his castle, but the battlements needn't be breached before the inhabitants' privacy is. In suburban Philadelphia, for example, the Lower Merion School District is being sued because security software in school-issued Macintosh laptops was used to take pictures of students in their own homes. According to this AP story by Mary Claire Dale, The software allegedly let Harriton High School technology personnel take "over 400 screen shots and webcam images" of sophomore Blake Robbins. (ABC News coverage here.)

The school may have been authorized to activate its spy technology when students failed to pay the required insurance for the laptops, or failed to return them at year end. But 400 images of one student? Awake, asleep and undressing?

In other technology/privacy news, the Federal Department of Justice just dropped efforts to obtain warrantless access to certain Yahoo! Mail accounts pursuant to an application under 18 U.S.C.A. §2703(d). This is not a change in heart prompted by a change of administrations: The government has been pursuing this application for some time since Mr. Obama's election(see this related April 13 CNET story for background.)

Yes, government lawyers are pursuing a number of courses that endanger the expectation of privacy that we have in our emails and other private electronic communications -- this February 11, 2010 CNET article, for example, relates how the DOJ has filed a brief trying to uphold the convictions of bank robbers who were tracked through their cell phones, arguing that cell phone users have no reasonable expectation of privacy concerning their cell phones' location.

But other lawyers are resisting and trying to find an appropriate balance between the needs of society as a whole in fighting crime and individuals who don't like being tracked like migratory caribou with radio-transmitting collars.

I would hate to think that the price we must pay for holding on to the shreds and tatters of our remaining privacy in modern, high-tech America is the tolerance of Internet trolls defaming our children. I prefer to think courts and lawyers will and should play a helpful role in helping to establish new and acceptable Internet behaviors that respect privacy, anonymity, and our families. Even -- aside to Mr. Kass -- if some of them make a couple of shekels in the process.

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Image obtained from this site.

Connecticut pol sues self -- certain of victory?

As Connecticut's Secretary of State Susan Bysiewicz explains and defends that state's election laws. But Bysiewicz wants a new job this year; she wants to be elected Connecticut's Attorney General.

By statute, however, a candidate for attorney general in Connecticut must be "an attorney of at least ten years' active practice at the bar of this state." (CGS 3-124). Bysiewicz was a corporate lawyer for eight years before entering politics, but two of these were spent in New York City. She's been Connecticut Secretary of State for more than a decade.

Is that sufficient to meet the statutory requirement? According to this AP story (by Stephanie Reitz) and this press release on Bysiewicz's campaign website, Bysiewicz is contending that (a) her experience is sufficient to meet the requirement and (b) even if her experience is insufficient, the requirement is unconstitutional.

Reitz's story for the AP notes that Republicans have had a field day with Ms. Bysiewicz's suit. The Connecticut GOP was so thrilled about the case that it actually volunteered to join it -- as a defendant -- so it could depose Bysiewicz and force "her to acknowledge... that she's never tried a case and hasn't been in a courtroom since law school." Indeed, Reitz writes, Bysiewicz "acknowledged under grilling by a GOP lawyer that she has never used the manual of Connecticut court procedures and rules governing attorneys, had never sat at a counsel table and had never been to a deposition or been a witness in a case."

Meanwhile, Bysiewicz's campaign bio says that she's a "graduate of Yale College and Duke University School of Law, [that] she is admitted to practice in both New York and Connecticut and has practiced corporate and international law at the law firm of White & Case in New York City, as well as corporate and banking law at Robinson & Cole in Hartford. In addition, Bysiewicz has practiced pension and health care law in the law department of the Aetna Insurance Company."

And they're all talking about the same person, too.

This story seems like an update of the old story about the time Abe Lincoln was on opposite sides of the same issue in two cases argued on the same day in the Illinois Supreme Court. The judges couldn't help but notice. "Surely, Mr. Lincoln," said one of the learned justices, "you can't expect to win both these cases."

"Well, no, Your Honor," replied Honest Abe, "but I figure to win one of them."

Here Bysiewicz is suing herself. One way or the other, she's gotta win this case, right?

More seriously, the constitutional challenge in Connecticut may help to explain why, in Illinois, calls to require minimum legal practice experience requirements for would-be judges are always framed as constitutional amendments. (See, for example, HJRCA 57.)

Geary W. Kull declared the winner in race for 9th Subcircuit Otaka vacancy

Six weeks after the polls closed, the race for the Otaka vacancy in the 9th Subcircuit is finally over.

In an article appearing on the Evanston Review website, Bob Seidenberg reports that Abbey Fishman Romanek has dropped her bid for a full recount in that race. Judge Geary W. Kull, who currently holds the countywide Dolan vacancy pursuant to Supreme Court appointment, has been declared the winner in the race for the 9th Subcircuit seat. The margin of victory was only 48 votes.

Seidenberg writes that Kull "won even though two local political heavyweights, U.S. Rep. Jan Schakowsky, D-9th, and State Sen. Jeff Schoenberg, D-9th, backed Fishman Romanek, an attorney for 22 years and a past contributor to Schakowsky and other progressive Democratic candidates." Fishman Romanek was also supported by the 49th Ward Organization in Chicago.

For her part, according to Seidenberg's article, Fishman Romanek "stressed that her challenge was not based on any animosity toward" Judge Kull. Seidenberg quotes Fishman Romanek as professing great respect for Judge Kull. "I look forward to working with him in the future," Fishman Romanek told Seidenberg.

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Hat tip: Bonnie McGrath.

Northwest Side Irish parade photos

The cancellation of the South Side St. Patrick's Day Parade undoubtedly contributed to the heightened interest paid to this year's Northwest Side Irish Parade.


Today was the 8th edition of the parade, which starts at Onahan School and marches down Northwest Highway.


The Chicago Police Department's Emerald Society was prominently featured.


And what would a St. Patrick's Day Parade be without politicians?






U.S. Rep. Jan Schakowsky (D-9) paused to greet spectators.








So too did 10th Dist. Democratic State Senate Candidate John Mulroe.







Mulroe's November opponent for that State Senate seat, 41st Ald. Brian Doherty (at left in this photo), also walked the route.


But there was more to today's parade than electioneering. Irish parades need lots of Irish dancers. These are from the Trinity Academy of Irish Dance.

For more pictures of today's parade, turn to page two.

March primary bill will impact judicial retention elections as well

The Chicago Tribune reports today that the Illinois General Assembly has approved and sent to Governor Quinn for signature a bill that will move the Illinois primary back to the third Tuesday in March.

For those newly arrived from Mars, the Illinois primary was moved to the first Tuesday in February in 2008 to enhance the electoral prospects of Barack Obama. With Mr. Obama safely in the White House, the early primary date is no longer needed.

But SB355 also changes the deadline for judges deciding whether to seek retention. The bill will amend Section 7A-1 of the Election Code (10 ILCS 5/7A-1) as follows (new language shown by underline; deleted language shown by strikeout):

Any Supreme, Appellate or Circuit Judge who has been elected to that office and who seeks to be retained in that office under subsection (d) of Section 12 of Article VI of the Constitution shall file a declaration of candidacy to succeed himself in the office of the Secretary of State not less than 6 months on or before the first Monday in December before the general election preceding the expiration of his term of office.

With this change, incumbent judges get more time to decide whether to seek retention. A judge who chooses to wait until the new deadline to decide against seeking retention would create a fairly long-term vacancy for the Supreme Court to fill. As a practical matter, though, will this really result in significantly more -- and longer -- interim vacancies?

Arthur P. Wheatley appointed to 7th Subcircuit vacancy

The Illinois Supreme Court has appointed CTA attorney Arthur P. Wheatley to the bench, filling a 7th Subcircuit vacancy created by the retirement of Judge Amanda Toney.

An attorney since 1983, Wheatley was chair of the Cook County Bar Association's judicial evaluation committee in 1996 and 1997.

Wheatley's appointment was effective March 5 and terminates on December 3, 2012.

Updated and corrected 7/8/11. Hat Tip to "Anonymous."

Dr. Klumpp analyzes the judicial primary results

A recognizable Irish surname conferred a significant advantage on Cook County judicial candidates in the primary campaign just concluded but, according to Albert J. Klumpp, PhD, a Research Analyst with the Chicago firm of McDermott Will & Emery LLP, female candidates and candidates slated by the Cook County Democratic party did not receive the same advantage as similar candidates have in past campaigns.

Dr. Klumpp has analyzed various components that seem to provide advantages to judicial candidates in the voting booth. In the following table, adapted from a table sent to me by Dr. Klumpp (meaning that any errors are mine, not his), the "Evaluations/Endorsements" component refers to favorable evaluations by both the Chicago Bar Association and the Chicago Council of Lawyers and a sweep of endorsements made by the Chicago Tribune and Chicago Sun-Times. Note, too, that the 2010 figures apply to the nine contested countywide judicial contests in the Democratic Primary, including the three races for the Appellate Court.

Variable

1986- 2008

2002- 2008

2008

2010

Female

16.0

17.0

23.3

6.3

Irish name

9.7

9.1

10.5

10.4

Top ballot position

4.3

8.2

7.2

7.8

Evaluations/Endorsements

9.9

11.9

12.7

11.2

Democratic slating

11.0

11.9

9.4

6.6

The analysis shows a dramatic fall-off in the advantage formerly enjoyed by female candidates. "Where did the gender vote go?" Klumpp asked in an email. He supplies a possible answer: "All in all, the results look like they came from an angry male electorate."

There are other factors that Dr. Klumpp tracks in his ongoing research into judicial elections. One factor that he tracks as influencing outcomes is campaign spending. This analysis takes longer to complete, however, because campaign spending disclosures are not yet complete. Dr. Klumpp believes that campaign spending is more influential in subcircuit elections than in the elections countywide but, in terms of these other factors, as a preliminary conclusion, Dr. Klumpp would agree that the same tendencies seen in countywide races this year seem to apply in the subcircuits as well.

Dr. Klumpp's most recent article on the subject of judicial elections is in the January 2010 issue of the CBA Record, "What Influences the Voters?"

Recount planned in race for Otaka vacancy

The Evanston Review is reporting that Abbey Fishman-Romanek has filed a request with the office of Cook County Clerk David Orr seeking a recount of the votes cast in the race for the Otaka vacancy.

Bob Seidenberg reports for the Evanston Review that Judge Geary Kull led Fishman-Romanek by only 48 votes in final figures released by the Cook County Clerk. Seidenberg writes that this "race drew attention for its fierce conflict in political loyalties. Fishman-Romanek had received the backing of two Evanston Democratic Party leaders, U.S. Rep. Jan Schakowsky and State Sen. and Evanston Township Democratic Committeeman Jeff Schoenberg. Kull, meanwhile, a longtime Evanston youth baseball coach, had received strong support in his base community."

According to Seidenberg's article, the Cook County Clerk's office had not set any date, as of Friday, to address the recount request. Seidenberg's article also does not specify the precincts in which Fishman-Romanek is seeking a recount. If readers have information to pass along in this regard, please leave a comment or send me an email.

Deborah J. Gubin receives bench appointment

The Illinois Supreme Court has appointed Deborah J. Gubin to the 8th Subcircuit vacancy created by the retirement of Judge Maureen Durkin Roy.

Gubin, an attorney since 1975, began her career in the Public Defender's office. In addition to stints in private practice Gubin has served as General Counsel of the Illinois Department of Financial Institutions, and, most recently, as Chief Administrative Law Judge for the Illinois Department of Healthcare and Family Services. She has also taught trial practice at Loyola University.

Gubin sought election to the bench in 2000, when she ran for the countywide Getty vacancy, and again in 2002, when she ran for the "A" vacancy in the 8th Subcircuit. While she fell short in these attempts, Gubin was endorsed by the Chicago Tribune on both occasions.

Gubin's appointment is effective March 4 and expires December 3, 2012.

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Hat tip to Bonnie McGrath for calling this appointment to my attention.

Looking at the results of the Cook County judicial primaries

Democratic Party Endorsements. As has been pointed out elsewhere, only one Appellate Court candidate slated by the Cook County Democratic Party, Chancery Judge James R. Epstein, won his primary race.

But party-endorsed candidates fared much better in Circuit Court races: In the eight countywide races, two slated candidates were unopposed (Daniel J. Gallagher in the McCarthy vacancy and Thomas V. Lyons in the O'Malley vacancy). In the other six races, slated candidates won in four (William H. Hooks in the Berland vacancy, Raymond W. Mitchell in the Hayes vacancy, John P. Callahan, Jr. in the Kelley vacancy, and Sandra Ramos in the Riley vacancy).

That coveted first ballot position seems to have been as important as ever this year -- and in four of the six countywide races where a ballot lottery was necessary, the slated candidate won the lottery. The only slated candidates who did not win their respective ballot lotteries also fell short in their bids for nomination. (Terry MacCarthy was not the slated candidate for the Bronstein vacancy, but had the top ballot spot and won his race; Susan Kennedy Sullivan was not slated for the Dolan vacancy, but had the top ballot spot and won her race.)

Interestingly, two of this year's slated candidates, Diann K. Marsalek and Sandra Ramos, were "pre-endorsed" for vacancies that never opened up in 2008. There were four such pre-approved candidates in that year -- but one, Judge Dennis J. Burke, ran against the Democratic Party's candidate and won, and another, Stephen James Connolly, became an associate judge in 2009. Marsalek did not win the ballot lottery in her race; Ramos did. Ramos won her primary race.

So... which was more important... the top ballot spot... or party slating?

How appointed judges fared. Sitting judges trying to hold the seats to which they had been appointed by the Illinois Supreme Court fared fairly well in 2010.

Judge Thaddeus L. Wilson (top ballot position) held the Coleman vacancy in the 1st Judicial Subcircuit. In the 3rd Subcircuit, each of the appointed judges won: Allen F. Murphy (Carmody vacancy, top ballot position), Edward S. Harmening (Darcy vacancy, top ballot position), and Daniel Malone ("A" vacancy, top ballot position). In the 15th Subcircuit, Judge George F. Scully (top ballot position) held the Panichi vacancy and Judge John C. Griffin (top ballot position) held the Phelan vacancy.

On the other hand, despite having the top ballot spot, Judge Steven J. Fruth was not able to hold onto the Riley vacancy in the 11th Judicial Subcircuit. In the 9th Subcircuit, neither Judge Yehuda Lebovits (Otaka vacancy) nor Judge Michael Ian Bender were able to hold their seats.

But analyzing these outcomes gets complicated: Judge Geary Kull was appointed to the countywide Kelley vacancy. Passed over by the Democratic Party at slating time, Kull filed for the 9th Subcircuit Otaka vacancy instead. (As of this morning, Judge Kull's margin over Abbey Fishman Romanek is 49 votes -- but 'official' results won't be released until next week.) There were 13 candidates at one time in the 11th Subcircuit race; eleven were on the final ballot, including Judge Pamela M. Leeming, who was appointed to the countywide McCarthy vacancy on October 30 -- after she'd filed in the 11th.

Still... holding a judicial position by Supreme Court appointment seemed to confer a decided advantage in this primary season: Every countywide candidate who was slated and already serving as a judge won their primary race.

Another interesting note: This year, two candidates were "pre-endorsed" by the Democratic Party. One, Assistant Public Defender Daniel J. Gallagher, was pressed into service when the countywide McCarthy vacancy opened up. The other, Associate Judge Mathias W. Delort, will presumably have first call for slating in 2012. With his significant judicial experience, if this year's pattern holds, he should be considered a very strong contender at that time.

Bar Association evaluations. Not every candidate who won in the primary was rated recommended or qualified by each of the several bar associations that investigate judicial candidate credentials. "Glass half full" folks will note that, in several races, nearly every candidate received positive ratings from the bar groups. "Glass half empty" folks will focus on races like the race for the Steele vacancy in the 1st Subcircuit where no candidate received positive ratings from every bar group. Jesse Outlaw was the only candidate in that five candidate race who received more positive evaluations than negative ones.

I line up with the "glass half full" folks. After the primary, Joyce Williams, who coordinates candidate evaluations for the Alliance of Bar Associations for Judicial Screening, sent me an email in which she noted, "None of the seventeen candidates that bypassed the Alliance's judicial evaluation process won in their respective races." Even unopposed candidates submitted their credentials to peer review (and most fared very well). Put it this way: Every single judicial primary race was won by a candidate who received a qualified or recommended rating from at least one bar association.

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Related: Acknowledgments and Archives

LIDAR speeders may now hold up in Cook County

Back in November, I wrote about how Cook County judges were routinely dismissing speeding tickets based on "high-tech LIDAR speed detectors." Nobody minded much because, as Sun-Times columnist Mark Brown wrote in a November 6 column, "the vast majority of accused speeders [disposed] of their tickets by just mailing in the fine or going to traffic school."

Those who spent their money on a lawyer instead of the fine got a good return on their investment. Everyone was happy... until, as so often happens, too many people learned about the trick.

By the time I found out about it, the City of Chicago had decided it had better press for a Frye hearing and establish that the device is generally accepted and reliable for ascertaining a vehicle's speed. The routine dismissals stopped.

The problem in getting such a hearing was economic: No one wanted to spend the money to put the hearing on in any given case. Why would someone who'd received a ticket fight this battle -- fraught with the prospect of defeat -- when, after incurring all the expense, he or she would be rewarded with a conviction?

Apparently no Frye hearing was held in Cook County on the LIDAR technology (although one had been scheduled for this week).

Instead, Meghan Twohey reports this morning in the Chicago Tribune, Judge Eileen Burke has found a Second District case that establishes the reliability of LIDAR to her satisfaction.

The Tribune does not name the case. The case is, however, People v. Mann, 2010 WL 258801 (Ill.App.2nd Dist. 1/15/10). The case specifically addresses the admissibility of LIDAR readings without a Frye hearing. In the absence of contradictory authority in the First Appellate District (Cook County), this opinion will presumably be followed by all other Cook County judges as well. See, Garcia v. Hynes & Howes Real Estate, Inc., 29 Ill.App.3d 479, 331 N.E.2d 634, 636 (3rd Dist. 1975) ("The opinions of any Appellate Court necessarily are binding on all Circuit Courts across the State, but not on the other branches of the Appellate Court.")

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Update: Credit where credit is due: Mark Brown also refers to Judge Burke's ruling in his column this morning.

"Final" numbers put Harmening, Kull in the lead in Subcircuits 3 and 9

Except, of course, that what we're all looking at this afternoon isn't necessarily final -- and that's without even broaching the topic of (*gulp*) recounts.

What Cook County Clerk David Orr points out on his website must be kept in mind: The results now posted may not include "[p]rovisional ballots and late-arriving absentee ballots, which can be received up to two weeks after election day." (Emphasis supplied.) Orr's site cautions that results official results may not be available before the 21-day post-election deadline.

With this significant caveat in mind, it appears that Judge Geary Kull is presently clinging to a razor-thin margin of just 54 votes over Abbey Fishman Romanek in the race for the Otaka vacancy in the 9th Judicial Subcircuit. Romanek has 7,804 suburban votes in the not-final final suburban numbers (185 of 185 suburban precincts reporting) and 3,286 votes from the City of Chicago -- a total of 11,090. Judge Kull has 8,895 votes recorded in the suburban tallies plus 2,249 from the City of Chicago -- a total of 11,144 votes.

In the 3rd Subcircuit, Judge Edward Harmening has opened up a 377 vote lead over Thomas J. Murphy. Murphy received 4,067 suburban votes and 12,073 out of the City of Chicago for a total of 16,140. Harmening received 2,681 votes from the suburbs and 13,386 votes from the City -- a total of 16,517.

While I can't prove it, this much I know for certain: Kull, Romanek, Harmening and Murphy -- and their respective spouses and children and campaign managers -- have each heard from dozens, and probably hundreds, of well-wishers today... and some of these people expressing concern today did not vote yesterday. No matter what they're saying now.

Cook County PD's celebrate judicial primary wins

From the Cook County Public Defenders Blog:

The local is very proud to announce (unofficially) that several of its members have been elected to judical seats in the primary election held on February 2, 2010. In addition, two former members of this local are also winners in the election.

Mark Levitt – winner of the Democratic primary in the 4th Judicial Subcircuit, Lake County. Mark has been an assistant Cook County public defender for almost 20 years and was lead counsel in the ”Browns Chicken” case. Mark will face a Republican challenger in the general election.

Terry MacCarthy - a supervisor and former member of the local won Full Circuit Bronstein seat in the primary. He has no Republican challenger in the general election.

Daniel Gallagher - Dan, an assistant at 26th Street was uncontested in the primary and will face a Republican challenger in the fall.

Ann Finley Collins - A member of the Homicide Task Force, won in a race with many qualified challengers including two sitting judges. Ann will not have a challenger in the general election.

Judge Jim Epstein – a former public defender who helped organize the local twenty years ago has won a seat on the 1st District Appellate court (McNulty vacancy).

Judge Geary Kull - another former public defender, was in a very heated race and it still might be too close to call because he has a slim lead of abut 80 votes based on the vote totals available as of 2/3/10 at / 8:00 a.m.

As of about 12:30pm, there's nothing new to report on either the race for the 9th Subcircuit Otaka vacancy or the 3rd Subcircuit Darcy vacancy.

ISBA posts judicial results outside of Cook County

My thanks to Christopher Bonjean, Director of Member Communications for the Illinois State Bar Association, for this link to judicial results outside of Cook County. Winners are listed in bold type -- and each candidate is listed alongside his or her ISBA rating. If you've come here looking to find out how judicial elections turned out in Will County or Kane County or somewhere other than Cook, check out the ISBA site.

Update on 9th Subcircuit Otaka race

Most of the other judicial contests in Cook County were settled at a fairly decent hour yesterday (scroll down the page for results) but one that seemed to close to call was the race for the Otaka vacancy in the 9th Subcircuit. When last seen, Judge Geary W. Kull had only a 250 vote margin over Abbey Fishman Romanek.

It's even closer now.

Thanks to a thousand vote margin in the City (3,232 to 2,213) Romanek has closed the gap to only 83 votes. The City figures are based on 107 out of 110 precincts (92.97%). Meanwhile, the suburban numbers favored Kull -- 8,708 to 7,606 -- with 182 of 185 precincts reporting.

These add up (and I used a spreadsheet, not pencil and paper) to Kull - 10,921 to Romanek - 10,838.

Perhaps some better informed person can leave a comment today with updated information.

If it becomes available today.

Update on 3rd Subcircuit Darcy race

Most of the other judicial contests in Cook County were settled at a fairly decent hour yesterday (scroll down the page for results) but, when last I checked yesterday, only 19 votes separated Judge Edward Harmening from his closest challenger, Thomas J. Murphy.

In the gray light of morning, the numbers are still close, but Judge Harmening has emerged with a 223 vote lead. This in only "comfortable" in the sense that (as Gov. Quinn said last evening... or was it early this morning?) one vote up is a "landslide."

As with the gubernatorial primaries, not all the votes are counted in this race. Still, 86 of 88 suburban precincts have checked in, with Murphy besting Harmening outside the City limits, 3,957 to 2,632. Inside the City, however, with 96.43% of the votes counted (243 out of 252 precincts), Harmening leads Murphy 13,413 to 11,865.

The one and only Republican judicial primary result

Maureen Masterson Pulia is the apparent winner tonight of the Republican nomination for the countywide McCarthy vacancy. Pulia beat Michaela Nolan Ryan by a little more than 5,000 vote margin for the right to face Assistant Public Defender Daniel J. Gallagher in November.

Countywide Circuit Court roundup

Berland Vacancy -- Judge William H. Hooks tallies big numbers in holding this seat. He was appointed to this vacancy by the Illinois Supreme Court in 2008. He was endorsed by the Cook County Democratic Party.

Bronstein Vacancy -- Terry MacCarthy beat Sharon Finegan Patterson to win this race. Diann K. Marsalek, who was slated by the Cook County Democratic Party, finished third.

Dolan Vacancy -- Susan Kennedy Sullivan appears to be maintaining, and even extending, her slim lead over the Cook County Democratic Party's slated candidate, Linda J. Pauel. Earlier this evening, with 86.51% of the City vote and 91% of the suburban vote counted, Sullivan had a 3,468 vote lead. Now, with 92.97% of the City vote in and 95% of the suburban vote in, Sullivan has 141,704 votes, Pauel has 138,043 -- a margin of 3,661 votes.

Hayes Vacancy -- Judge Raymond W. Mitchell will hold this seat.

Kelley Vacancy -- Judge John Patrick Callahan, Jr. has a comfortable margin over his only challenger, Joanne Fehn.

Riley Vacancy -- Slated candidate Sandra G. Ramos has a roughly 18,000 vote margin over nearest challenger Russell William Hartigan. Tracey J. Stokes ran third in this seven-person race.

First District Appellate Court results

In the race for the McNulty vacancy, Judge James R. Epstein has emerged the apparent victor. Judge Aurelia Pucinski, the former Circuit Court Clerk, scored a big victory in her bid for the O'Malley vacancy, while Judge Mary Katherine Rochford has taken the race for the South vacancy.

Jones, Scully and Griffin win in the 15th Subcircuit

Olympia Fields Mayor Linzey D. Jones has won the race for Lipinski vacancy in Cook County's 15th Judicial Subcircuit. Pat Flanagan and Nicholas W. Karas appear to have placed second and third, respectively, in this crowded field.

Judge George F. Scully has held onto the Panichi vacancy. He was appointed to this vacancy by the Illinois Supreme Court and he was able to best a field that included Mary Therese Quinn, Michael T. Huguelet, and Peter A. Fera.

Finally, Judge John C. Griffin, who was appointed to the Phelan vacancy by the Illinois Supreme Court, will remain on the bench. Griffin has turned back challenges tonight from Thomas "TJ" Somer, Mary Beth Kent Duffy, Carl Evans, Jr., and Nichole C. Patton.

Meanwhile, on the South Side

One of the three races in Cook County's 3rd Judicial Subcircuit looks extremely close: Only 19 votes separate Judge Edward Harmening from Thomas J. Murphy in the race for the Darcy vacancy. With 82 of 88 suburban precincts counted and 231 out of 252 City precincts reporting, Harmening has 14,981 votes while Murphy has 14,962 votes.

The other two races in the Third Subcircuit are not as close.

Judge Allen F. Murphy seems destined to hold onto the Carmody vacancy. Thomas G. O'Brien won the suburban part of the subcircuit, but only by a few hundred votes. Judge Murphy's margin in city precincts (with 91.67% of the votes counted) is about 5,400 votes.

Judge Daniel Malone appears to have won comfortably in his bid to hold the seat to which the Supreme Court appointed him, in the "A" vacancy.

Wilson, Oden-Johnson apparent winners in 1st Subcircuit

Judge Thaddeus Wilson will apparently hold onto the Coleman vacancy in Cook County's 1st Judicial Subcircuit, the seat to which he was appointed by the Illinois Supreme Court.

Sharon Oden-Johnson is the apparent winner in the other race, for the Steele vacancy, besting Jesse Outlaw, who had the endorsement of the Chicago Sun-Times, and Michelle Hugghis Flagg, who had the nod from the Chicago Tribune. Oden-Johnson received the endorsement of the Chicago Defender and a comment was left on this blog saying she'd been endorsed by SEIU Local 73, Congressman Danny Davis, Operation PUSH, Cook County Board President Todd Stroger, Cook County Clerk of Court Dorothy Brown, 6th Ward Alderman Freddrenna Lyle, 8th Ward Alderman Michelle Harris, 17th Ward Alderman Latasha R. Thomas, Candidate for Illinois Treasurer Robin Kelly, and Secretary of State Jessie White.

9th Subcircuit results updated -- Bernstein, Kull hold narrow leads... for now

Only 1456 votes separate Steven James "Steve" Bernstein, who is leading in the race for the 9th Subcircuit "A" vacancy, and Mary S. Trew. The totals are small, 9,948 to 8,492, but the percentages are high -- 90.91% of the City vote totaled at last look and about 94% of the suburban vote.

Judge Michael Ian Bender is running third at this juncture, with 7,915 votes.

In the race for the Otaka vacancy, we have a genuine nail-biter. Judge Geary W. Kull has a slim 250 vote lead, with 10,386 votes to Abbey Fishman Romanek's 10,136. Here, too, 90.91% of the City vote has been counted, as has about 94% of the suburban vote.

Judge Yehuda Lebovits is running third in this race.

Ramos the apparent winner in the race for the countywide Riley vacancy

I've been reporting all evening that Russell W. Hartigan was holding a lead over slated candidate Sandra G. Ramos in the race for the countywide Riley vacancy. The latest suburban totals have Hartigan with 48,076 votes to 43,308 for Ramos. But with 87.87% of the City vote counted, Ramos leads Hartigan 69,653 to 48,348.

Tracey J. Stokes seems destined to finish third, but her City totals were very strong: She's received 42,498 votes in the City of Chicago so far.

Cliffhanger in the Dolan vacancy

The surprise of the evening so far: Susan Kennedy Sullivan's early lead over slated candidate Linda J. Pauel is holding up.

With 86.51% of the City vote and 91% of the suburban vote counted, Sullivan has a 3,468 vote lead. Sullivan has 131,911 votes, Pauel has 128,443.

This race won't be over for awhile.

City results! And a projected winner in the 11th Subcircuit

My thanks to Kulmeet Galhotra for providing me with a much better link into the Chicago Board of Elections website. It's much better because it returns actual numbers.

Mr. Galhotra called the 11th Subcircuit race for Ann Finley Collins on Facebook in the last few minutes. Adding Collins' City votes (which, actually, Maritza A. Martinez seems to have won... with 92.73% of the City vote counted) to Collins' suburban totals, it sure looks as if he's right.

More in a few moments.

3rd Subcircuit suburban results

I keep saying suburban results because the City site is not showing ANY results in judicial races yet -- even though someone said on CLTV ahile ago that 70% of the Chicago vote was in.

Anyway, in the race for the Carmody vacancy, with 86% of the suburban precincts reporting, Thomas G. O'Brien leads Judge Allen F. Murphy, who was appointed to this vacancy by the Illinois Supreme Court. The margin, however, is only 290 votes -- and there are only 88 suburban precincts in the 3rd Subcircuit (76 counted so far).

In the Darcy vacancy, Thomas J. Murphy has a slightly larger lead over Judge Edward Harmening (1169 votes) -- but, again, consider that this is just a small piece of the overall picture.

Judge Daniel Malone leads in the race for the "A" vacancy. His nearest competitor in the race at this point is Mary McNamara.

9th Subcircuit suburban votes nearly in

With 161 of 185 suburban precincts reporting, Judge Geary W. Kull is leading Abbey Fishman Romanek, 36.93% to 31.38% in the race for the Otaka vacancy. Judge Yehuda Lebovits, who holds this seat by Supreme Court appointment, is in third place with 20.18% of the vote. Dennis Michael Fleming is also in this race.

Steven James "Steve" Bernstein leads in the race for the "A" vacancy with 30.47% to 23.99% over Judge Michael Ian Bender, who was appointed to this vacancy by the Illinois Supreme Court. Mary Susan Trew is running third at this point with 23.6% of the vote.

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And, no, I still can't get anything out of the City elections website.

Over 83% of the suburban votes are in now

Here are the current leaders in judicial races.

Appellate Court

McNulty Vacany -- Judge Jim Epstein

O'Malley Vacancy -- Judge Aurelia Marie Pucinski

South Vacancy -- Judge Mary Katherine Rochford

Circuit Court -- Countywide

Berland Vacancy -- Judge William H. Hooks

Bronstein Vacancy -- Terry MacCarthy

Hayes Vacancy -- Susan Kennedy Sullivan

Kelley Vacancy -- Judge John Patrick Callahan, Jr.

Riley Vacancy -- Russell William Hartigan

42% of suburban votes counted in the 15th Subcircuit

Olympia Fields Mayor Linzey D. Jones is leading in the race for the Lipinski vacancy. Closest at the moment are Pat Flanagan and Nicholas W. Karas.

Judge George F. Scully is leading in the race for Panichi vacancy. Mary Therese Quinn is his closest competitor at the moment.

Judge John C. Griffin is leading in the race for the Phelan vacancy, with 32.24% of the votes counted so far. Thomas "TJ" Somer is currently in second place, with 20.97% of the vote.

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Meanwhile the City website just reported no votes posted yet in the countywide Hayes vacancy. That's been loading now for 15 minutes. Where the heck is CLTV getting City numbers? Or are they loading only top-of-ballot races? And does that make any sense?

Updating judicial races

City website still loading... maybe...

But the County website has refreshed.

Now nearly 32% of the suburban Cook County vote is in.

Here are the current leaders in judicial races.

Appellate Court

McNulty Vacany -- Judge Jim Epstein

O'Malley Vacancy -- Judge Aurelia Marie Pucinski

South Vacancy -- Judge Mary Katherine Rochford

Circuit Court -- Countywide

Berland Vacancy -- Judge William H. Hooks

Bronstein Vacancy -- Terry MacCarthy

Dolan Vacancy -- Susan Kennedy Sullivan

Hayes Vacancy -- Raymond W. Mitchell

Kelley Vacancy -- Judge John Patrick Callahan, Jr.

Riley Vacancy -- Russell William Hartigan

Circuit Court -- Subcircuits

These are extremely preliminary here. Only 4 of 52 precincts reporting:

Coleman Vacancy (1st Subcircuit) -- Judge Thaddeus Wilson

Steele Vacancy -- Sharon Oden-Johnson

There are more precincts counted in the 11th Subcircuit -- 49 out of 144. Ann Finley Collins is leading over Lisa A. Marino and Judge Steven J. Fruth -- and eight others.

I'll come back to the subcircuits later.

Meanwhile I need to try and get the City site moving. It is still not loading on my computer....

If there was an election between the County Clerk and the City Board of Elections for best website, I'd cheerfully cast my vote for the County Clerk's site.

Early, early, early results in judicial races -- part 2

Hayes vacancy
Judge Raymond W. Mitchell has a narrow lead in early returns over Bonnie McGrath. These are suburban returns, with only about 18% of the vote reported, but at this point Mitchell leads McGrath 44.35% to 41.29%.

Carl B. Boyd is the third candidate in this race.

Kelley vacancy
Judge John Patrick Callahan, Jr. is comfortably ahead of Joanne Fehn in early suburban returns, 72.24% to 27.76%.

Riley vacancy
Russell William Hartigan has a narrow lead over slated candidate Sandra Ramos in this race, 28.17% to 27.37%.

James Michael Bailey, Edmund Paul Michalowski, and Tracey J. Stokes follow in third, fourth and fifth places, each with just over or under 12% of the vote.

John Patrick Nyhan and Marvin W. Gray round out this field.

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8:13pm -- CLTV says over 70% of the City vote is counted. But the City Board of Elections web site is not working -- and when it has (as mentioned) NO numbers were shown.

Early, early, early results in judicial races

Berland Vacancy
With just under 18% of the suburban vote reported, Judge William H. Hooks has 46.82% of the vote, Deidre Baumann has 31.36% and William Burnett Raines has 21.82%.

No City votes are yet reported.

Bronstein vacancy
Terry MacCarthy has the early lead in this contest, with 35.57% of the vote reported. The slated candidate, Diann Marsalek, is running fourth -- with 20.62% of the vote -- but Thomas William Flannigan, in second place, has 22.7% and Sharon Finegan Patterson has 21.11%.

Again, there are no City votes reported yet.

Dolan vacancy
Susan Kennedy Sullivan has the early lead in this contest, with 37.44% of the votes reported so far. Linda J. Pauel is in second right now, with 30.24% of the vote, while Kevin J. Murphy has 26.74%. Ubi O'Neal is trailing the field in this one.

And, guess what? There are no City votes yet reported in this race.

More in a few moments.

What Cook County Circuit Court race are you looking for?

This post will stay on top of the page until after the February 2 primary. Scroll down the page to look for new posts.

Click on the vacancy and get information about all the candidates in that race.

Countywide races:

Berland vacancy
Bronstein vacancy
Dolan vacancy
Hayes vacancy
Kelley vacancy
McCarthy vacancy (contest in Republican primary only)
O'Malley vacancy (uncontested)
Riley vacancy

Subcircuit races:

This map will give you a rough idea of which subcircuit you're in. If you're still uncertain, check your voter registration card or use a site like the "Ballot Builder" on the Chicago Tribune website.

First Subcircuit
Coleman vacancy, Steele vacancy,
"A" vacancy (uncontested)

Third Subcircuit
Carmody vacancy, Darcy vacancy,
"A" vacancy

Ninth Subcircuit
Otaka vacancy, "A" vacancy

Eleventh Subcircuit
Riley vacancy

Fourteenth Subcircuit
"A" vacancy (uncontested)

Fifteenth Subcircuit
Lipinski vacancy, Panichi vacancy,
Phelan vacancy

Defender makes judicial endorsements

I received this list of judicial endorsements made by the Chicago Defender from an anonymous emailer earlier today:

For Judge of the Appellate Court (McNulty vacancy), we endorse Arnette R. Hubbard.

For Judge of the Appellate Court (O'Malley vacancy), we endorse Pamela E. Hill-Veal.

For Judge of the Circuit Court (Berland vacancy), we endorse William H. Hooks.

For Judge of the 1st Subcircuit, (Coleman vacancy) we endorse Thaddeus Wilson.

For Judge of the 1st Subcircuit, (Steele vacancy) we endorse Sharon Oden-Johnson.

Township organizations make endorsements in subcircuit races... and, then again, maybe not

Updated and corrected, January 31, 2010

I posted last night that the Democratic Party of Evanston endorsed Abbey Fishman Romanek for the Otaka vacancy and Steven James Bernstein for the "A" vacancy in Cook County's 9th Judicial Subcircuit. I linked to the organization website in support of that statement. As my math teachers always said: Show your work.

I opened up my email this morning and found several notes telling me to look again. "Take a closer look at the fine print," said one note.

Fine print on a sample ballot? That's like footnotes in a comic book -- theoretically possible but (one would suppose) entirely out of place.

And yet... squinting... there is a disclaimer in light gray type on the organization website at the bottom of the sample ballot page:

Candidates in bold face are in contested races and have been endorsed by the Democratic Party of Evanston, having received 2/3 or more of vote of participating members at the 2010 primary endorsement session held by the DPOE on December 13, 2009. All other candidates on this sample ballot are recommended by the Evanston Township Democratic Committeeman, State Senator Jeff Schoenberg.

A separate .pdf sample ballot (that I did not look at yesterday) has the same disclaimer at the top of the page, in blue.

So... if my middle-aged eyes are correctly distinguishing bold from regular type... Evanston Township has not endorsed any judges. I can see, though, where voters might not catch the distinction. Some of my emailers this morning alleged that this was precisely the intent. I offer no opinion on the topic -- but I do regret my initial misreading.

In the meantime, so far as I know, the Maine Township Democratic Organization has actually endorsed Steven James Bernstein for the 9th Subcircuit "A" vacancy and Dennis Michael Fleming for the Otaka vacancy.

The Maine Township group has also endorsed Steven J. Fruth in the crowded 11th Subcircuit field, as has the Democratic Party of Oak Park.