Who Sits Where -- Flag Day Edition

Although it makes for a charming story, today is not the anniversary of the day on which seamstress Betsy Ross delivered the first American flag. It was Betsy Ross's grandson who turned family tradition into national mythology with an 1870 paper presented to the Historical Society of Pennsylvania.

But the Second Continental Congress did adopt the first American flag by resolution dated June 14, 1777:

Resolved, that the flag of the United States be thirteen stripes, alternate red and white; that the union be thirteen stars, white in a blue field representing a new constellation.

President Woodrow Wilson issued a proclamation that officially established June 14 as Flag Day in 1916. In 1949, the observance of Flag Day was established by Act of Congress (see, 36 U.S.C. § 110).

Meanwhile, we are also nine months away from the 2020 Primary -- but the Democratic Party's pre-slating meeting is next week. And so, once again, we pause to consider what judicial vacancies may be on the ballot in the March 2020 primary -- even though those elected to these vacancies won't actually take office until December 7, 2020.

Crazy, right?

Anyway, what follows is not a comprehensive list of Cook County judicial vacancies but, rather, a list of vacancies that have either been filled by Supreme Court appointment, or for which an application process has been announced, or that I believe to exist even though no announcement has been made. Not all of the "vacancies" listed below are necessarily vacant -- and some of the persons identified as filling these vacancies have not yet actually taken office -- but an official announcement has been made. There are probably other vacancies, beyond those reported here, which the Supreme Court has neither filled nor announced. When new vacancies are made public, I can and will update as necessity requires and opportunity permits.

But this is the best information I have now.

As always, all errors of omission or commission in this list are mine alone and I am grateful for additions and corrections provided.

Supreme Court Vacancy

Vacancy of the Hon. Charles E. Freeman -- P. Scott Neville, Jr.

Appellate Court Vacancies

Vacancy of the Hon. P. Scott Neville, Jr. -- Michael B. Hyman¹
Vacancy of the Hon. John B. Simon -- John C. Griffin

Countywide Vacancies

Vacancy of the Hon. Carole K. Bellows -- Kerrie Maloney Laytin
Vacancy of the Hon. Matthew E. Coghlan -- James T. Derico, Jr.
Vacancy of the Hon. Nicholas R. Ford -- Thomas M. Cushing
Vacancy of the Hon. Raymond Funderburk -- Celestia L. Mays
Vacancy of the Hon. Diane J. Larsen -- Levander Smith, Jr.
Vacancy of the Hon. Jessica A. O'Brien -- Lloyd James Brooks
Vacancy of the Hon. Sebastian T. Patti -- Lynn Weaver-Boyle
Vacancy of the Hon. Kevin M. Sheehan -- Marina E. Ammendola

Subcircuit Vacancies

1st Subcircuit
Vacancy of the Hon. Rodney Hughes Brooks -- Fredrick H. Bates
Vacancy of the Hon. Vanessa A. Hopkins² -- Tyria B. Walton

2nd Subcircuit
"A" Vacancy³ -- Sondra Nicole Denmark

3rd Subcircuit
Vacancy of the Hon. Denise K. Filan -- Daniel E. Maloney
Vacancy of the Hon. Allen F. Murphy -- Erin Haggerty Antonietti

6th Subcircuit
Vacancy of the Hon. Marya Nega -- Unfilled
Vacancy of the Hon. Kathleen M. Pantle -- Unfilled

7th Subcircuit
Vacancy of the Hon. Marianne Jackson -- Cara Lefevour Smith

8th Subcircuit
Vacancy of the Hon. John J. Fleming -- Unfilled⁴
Vacancy of the Hon. Deborah J. Gubin -- Michael A. Forti

9th Subcircuit
Vacancy of the Hon. Marvin F. Luckman -- Michael A. Strom

10th Subcircuit
Vacancy of the Hon. Thomas R. Allen -- John G. Mulroe

12th Subcircuit
Vacancy of the Hon. Kay M. Hanlon -- Unfilled

13th Subcircuit
Vacancy of the Hon. Margarita Kulys Hoffman -- Michael Perry Gerber

14th Subcircuit
Vacancy of the Hon. Robert Bertucci -- Gerardo Tristan, Jr.
Vacancy of the Hon. William G. Lacy -- Daniel O. Tiernan

15th Subcircuit
Vacancy of the Hon. John C. Griffin -- Nichole C. Patton

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¹ Justice Hyman is a Cook County Circuit Court judge sitting by appointment to the Appellate Court. The language of the Supreme Court's order appointing Justice Hyman to this vacancy suggests that, unless he runs for, and wins a seat on the Appellate Court in 2020, he will return to his original position as a Circuit Court judge. For this reason I have not included a "Hyman vacancy" among the countywide openings.

² The late Rhonda Crawford won the Democratic Party's nomination for this vacancy in the 2016 primary but never took office.

³ Vacancy created by the retirement of Judge Alexander White.

⁴ Jeanne Marie Wrenn was appointed to this vacancy, but, last November, Judge Wrenn was elected to fill the 8th Subcircuit vacancy of the Hon. Sheryl Pethers. That is why this vacancy is again unfilled.

Election lawyer co-authors book; book signing Tuesday, June 18 at Lizzie McNeill's

Election lawyer Michael C. Dorf and George Van Dusen have co-authored a biography of the late Cong. Sidney R. Yates, Clear it With Sid! (The link in the preceding sentence is to the Barnes & Noble website; here's an Amazon link, if you prefer.)

Fellow election lawyer James P. Nally reports that Dorf will be signing copies of his book at Lizzie McNeill's, 400 N. McClurg Ct., on Tuesday, June 18, from 5:00 to 7:00 p.m.

I am speculating here, admittedly, but I suspect that copies of the book may also be available for purchase at the book signing event.

Campaign website launched, June 26 fundraiser set, for Judge Dan Tiernan

Supporters of Judge Dan Tiernan's bid to hold his 14th Subcircuit seat have launched a campaign website. That's a link to the site in the preceding sentence.

According to his campaign bio, Tiernan was a Cook County Assistant State’s Attorney from 1995 to 2007. He left that office to become "a managing partner at Delgado & Tiernan, PC, a law firm specializing in criminal defense." While in private practice, he also handled probate, real estate, and immigration matters. In January 2016, according to the campaign bio, Tiernan joined the Office of the Cook County Independent Inspector General, "conducting investigations into allegations of fraud, waste, mismanagement, and criminal activity at the county level."

Tiernan's supporters are planning a campaign kickoff fundraiser on Wednesday, June 26, at the Billy Goat Tavern, 1535 W. Madison Street.

Tickets for the event are $100 apiece, but government lawyers may purchase tickets for $50. Sponsorships are also available (Neighbor - $250, Friend - $500, Patron - $1,000). Tickets will be available at the door. For more information about the event, or to obtain tickets, email tiernanforjudge@gmail.com.

Erin Haggerty Antonietti appointed to 3rd Subcircuit vacancy

In an order entered yesterday, the Illinois Supreme Court appointed Cook County Assistant State's Attorney Erin Haggerty Antonietti to the 3rd Subcircuit vacancy created by the passing of Judge Allen F. Murphy.

Antonietti's appointment is effective June 26 and terminates December 7, 2020.

According to ARDC, Antonietti has been licensed as an attorney in Illinois since 1991. A campaign committee has already been organized on her behalf, according to records obtained from the Illinois State Board of Elections.

State Sen. Mulroe appointed to 10th Subcircuit vacancy

In an order entered yesterday, the Illinois Supreme Court appointed State Sen. John G. Mulroe (D-10) to fill the 10th Subcircuit vacancy created by the recent retirement of Judge Thomas Allen.

The appointment is effective June 21 and terminates December 7, 2020. The Court's appointment was made on the recommendation of Justice Mary Jane Theis. The Supreme Court's complete press release about the appointment may be found here. As reported here in April, Mulroe's appointment was not unexpected.

Mulroe has served in the State Senate since 2010. He was previously a candidate for a 10th Subcircuit vacancy in 2008.

Licensed in Illinois since 1988, Mulroe has operated John G. Mulroe, P.C. since 1995. Before that, according to the Supreme Court's press release, Mulroe spent six years as a Cook County Assistant State's Attorney "and has also served as a hearing officer for the City of Chicago and the Chicago Park District." According to the Supreme Court's press release, Mulroe received highly qualified or recommended ratings from a dozen bar groups.

Protest of 7th Subcircuit appointment set for later this morning... but why?

So this flyer burbled up on my phone last evening. I spent some time looking for confirmation on social media that this was a for-real thing.

I eventually found it floating around Facebook. I can't confirm who's organizing this protest, but I can confirm that at least one recent judicial candidate had this flyer on Facebook tonight.

For those who came in late, Cara Lefevour Smith, who has been toiling of late as a spokesperson and policy adviser for Cook County Sheriff Tom Dart, was appointed last Friday to a 7th Subcircuit vacancy created by the recent retirement of Judge Marianne (not Marion) Jackson.

Ms. Smith's appointment was made by the Illinois Supreme Court on the recommendation of Justice Anne M. Burke. Illinois Supreme Court justices have the privilege of recommending persons for vacancies in their respective districts; the Court generally accepts those recommendations. In Cook County, a/k/a the First Judicial District, we have three Supreme Court justices. They take turns when vacancies arise. The Jackson vacancy was Justice Burke's to fill. This past February, Justice Burke announced an application process for filling this vacancy.

Back in the early 1990s, when the subcircuit system was created, the 7th Subcircuit was one of those subcircuits intended to increase African-American representation on the Cook County bench. Judge Jackson (elected a full circuit judge in 2016 after serving as an associate judge since 1997) is African-American. Ms. Smith is not.

Demographics have shifted in many parts of the county since 1990, including, in particular, in the 7th Subcircuit. But the subcircuit boundaries have remained unchanged since the subcircuit system was put in place. These population shifts spurred the Illinois General Assembly, just this month, to pass HB 2625, requiring that the subcircuit boundary lines be redrawn after the 2020 census.

Ms. Smith's future on the bench is by no means assured. If she wishes to stay in office, she will have to seek election next year.

But if Ms. Smith is elected next year, she would not be the first non-African-American judge elected in the 7th Subcircuit.

Two 7th Subcircuit vacancies were filled in 2016. Judge Jackson won one of these; the other was won by Judge Patricia S. Spratt. Judge Spratt was appointed to that other vacancy in 2015 on the recommendation of then-Supreme Court Justice Charles Freeman. Former Justice Freeman is African-American; Judge Spratt is not.

Two 7th Subcircuit vacancies were filled in by election in 2014 as well. One of the judges elected then was African-American; the other was not.

Three of the four judges elected from the 7th Subcircuit in 2012 were African-American. But one was not.

Neither the appointment nor the election of a non-African-American in the 7th Subcircuit is unprecedented. And appointment is not election. And if the community is not enamored of this appointment, the appointee will not survive the primary. That's why many people favor having judicial elections, to prevent elites from simply imposing judges on a community.

So... why is this appointment so controversial?

I don't know for certain, of course, but I do know that, late yesterday, Justice Burke took the extraordinary step of issuing a press release explaining the appointment process generally -- and discussing one disappointed applicant in particular. Quoting from the press release:

On Oct, 29, 2018, Ald. Jason Ervin came to my office and asked me to appoint Pamela Reaves-Harris to an upcoming 7th Subcircuit vacancy. I let Ald. Ervin know that Ms. Harris was welcome to apply and that she would need to be reviewed by my Judicial Selection Committee.

* * *

Pamela Reaves-Harris submitted an application which included an evaluation by The Chicago Bar Association Judicial Evaluation Committee. The evaluation, executed by then President Patricia Brown Holmes, found Ms. Harris to be “Not Recommended” for the office of Circuit Court Judge and stated, in part, that while Ms. Harris was “a dedicated, busy and hardworking public servant,” her “limited practice and court experience would make it difficult for her to effectively serve as a Circuit Court Judge.” My Judicial Selection Committee similarly concluded that Ms. Reaves-Harris was not a qualified candidate. Cara LeFevour Smith was found “Highly Qualified” by both the Chicago Bar Association and my Judicial Screening Committee. The Supreme Court unanimously voted to [appoint] Cara LeFevour Smith to the 7th Subcircuit vacancy.

Here are some additional facts: Derrick Smith was appointed to a vacancy in the Illinois House of Representatives in March 2011. In March 2012, just a week before the Democratic primary, Smith was arrested on federal charges. An informant caught Smith on tape accepting a $7,000 bribe to promote a grant to a day care center. On tape, Rep. Smith can be overheard telling the man passing the money to just 'leave it in the envelope.'

The man passing the money was also the man wearing a wire.

Well, Smith won the primary with Democratic Party support (he was running against a one-time Republican operative for the Democratic nomination), but got booted out of the House thereafter. Despite his expulsion, Smith stayed on the ballot, beating a "Unity Party" candidate who was recruited and endorsed by the Democratic Party in Smith's stead.

Smith could not be expelled from the House a second time for the same offense -- and his case hadn't gone to trial by the time the 2014 primary rolled around. So the party put up Pamela Reaves-Harris to oppose him. She won. (Smith was convicted in June 2014.)

Reaves-Harris did not run for reelection. As a result, Melissa Conyears-Ervin, the wife of Ald. Jason Ervin, wound up unopposed in the Democratic Primary and won that seat, holding it until her recent election as City Treasurer.

These facts may explain why Ald. Ervin sees this particular appointment as a "problem." Or not.

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Campaign website launched for Judge Dan Maloney; June 19 fundraiser set

Supporters of Judge Dan Maloney's bid to retain his 3rd Subcircuit seat have launched a campaign website. That's a link to the site in the preceding sentence.

According to his campaign bio, Maloney worked as an Assistant State’s Attorney in the Cook County State’s Attorney’s Office for 16 years, prosecuting domestic abusers, violent gang members and narcotics traffickers. Maloney "supervised the Complex Narcotics Unit until he left in 2017 to work for the U.S. Department of Justice as Division Counsel for the Chicago Field Division of the Drug Enforcement Administration (DEA)." There, the campaign bio continues, Maloney handled legal matters for the DEA in the states of Illinois, Indiana, Minnesota, North Dakota and Wisconsin and training sessions for state, local and federal law enforcement officers across the country.

Licensed as an attorney in Illinois since 2001, Maloney was appointed to the Filan vacancy in the 3rd Subcircuit by the Illinois Supreme Court in January of this year.

Maloney's supporters have organized a fundraiser for their candidate on Wednesday, June 19, from 5:30 to 7:30 p.m., at Petterino's, 150 N. Dearborn Street.

Tickets for the event are $100 each, but sponsorships are available (Red - $1,000, White - $500). Tickets may be purchased at this page of the campaign website. Questions concerning the event should be directed to vote@judgedanmaloney.com.

Special presentation of Purchased Lives exhibit on June 30

The Purchased Lives exhibition has been at the Illinois Holocaust Museum & Education Center since February, and will be there until August 25. The link in the preceding sentence will take you to the Skokie museum's website, where you can purchase tickets to see the exhibition on any convenient date prior thereto.

But the Jewish Lawyers Association of Illinois, the Decalogue Society of Lawyers, the Illinois Judicial Council, and the Cook County Bar Association are co-hosting a special presentation of the Purchased Lives exhibition on Sunday, June 30, from 12:00 to 5:00 p.m.

Admission for this special presentation is free, but reservations must be made by emailing lyoung@cookcountybar.org.

Registrants will be invited to participate in networking and refreshments from 1:00 to 2:00. At 2:15, Dr. Leslie M. Harris, Professor of History at Northwestern University, will speak about the continuing legacy and impact on the slave trade in the 21st Century, including the continuing relationship between the slave trade and current issues of racial bias and injustice. Docent-led tours of the exhibit will be available beginning at 2:45.

The Purchased Lives exhibition addresses the pain and injustice of the American domestic slave trade, illuminating just how widespread the practice of slavery was in American life, as well as its impact on enslaved families across the country.

The exhibition, originally curated by The Historic New Orleans Collection, showcases more than 75 original artifacts, slave narratives, and oral histories. Through interactive displays, visitors engage directly with historical records by tracking the shipment of more than 70,000 people to New Orleans. Purchased Lives also contains a collection of "Lost Friends" ads placed after the Civil War by newly freed people attempting to locate Illinois family members.

The sponsors of this special event also advise that registrants will also be able to experience Dimensions in Testimony, interactive 3·D holographic interviews with Holocaust survivors, their recollections now preserved for posterity.

Brad Trowbridge announces for 8th Subcircuit vacancy

Family law practitioner (and one-time social worker) Bradley R. Trowbridge has announced plans to seek the Democratic nomination for the Fleming vacancy in the 8th Judicial Subcircuit.

A campaign website has already been launched in support of Trowbridge's campaign. That's a link to the site in the preceding sentence. (Eventually, when enough sites are up and running, I'll set up a Sidebar here listing all candidate websites and this will be included.)

According to his campaign website, Trowbridge has served as an adjunct faculty member at John Marshall Law School and as President of the Chicago Battered Women's Network. "More recently," according to the campaign bio, "[Trowbridge] volunteered for First Defense Legal Aid and The Coalition to Stop Gun Violence."

Licensed as an attorney in Illinois since 2000, Trowbridge was a candidate for a countywide vacancy in the 2018 primary. He also sought an 8th Subcircuit vacancy in 2012.

Victory Research offers help for judicial candidates

Judicial campaign websites, social media management and petitions, petitions, petitions. In the last three election cycles, Victory Research has put more than 30 judicial candidates on the ballot. If you need help getting your signatures, we will get you on the ballot. Check out our website http://www.illinoispoliticsblog.com or call (312) 388-1782.

Tyria B. Walton, Cara Lefevour Smith receive bench appointments

Updated June 26, 2019 to provide link to Supreme Court press release concerning the appointment of Judge Walton

The Illinois Supreme Court appointed Tyria B. Walton to the 1st Subcircuit yesterday, filling a longstanding vacancy.

Walton is an Assistant Public Defender; she has been licensed to practice law in Illinois since 1997. The appointment is effective June 25 and terminates on December 7, 2020. On June 26, the Illinois Supreme Court issued a press release concerning Walton's appointment.

The vacancy Walton will soon fill has existed since December 5, 2016. Anthony E. Simpkins was appointed to fill the vacancy created by the retirement of Judge Vanessa Hopkins from judicial service. The late Rhonda Crawford defeated Simpkins in the 2016 Democratic Primary, and was unopposed on the November ballot. But she never took office.

In a second order entered yesterday, the Supreme Court appointed Cara Lefevour Smith to the 7th Subcircuit vacancy created by the recent retirement of Judge Marianne Jackson.

Smith's appointment is effective June 17; it also terminates on December 7, 2020.

Licensed as an attorney in Illinois since 1992, Smith has served recently as a spokesperson for Cook County Sheriff Tom Dart. She previously served as an Illinois Assistant Attorney General. Her late father, Raymond F. LeFevour, was the President of Wright Jr. College.

Both of these appointments were made on the recommendation of Supreme Court Justice Anne M. Burke.

JIB files Complaint against Judge Mauricio Araujo

The Illinois Judicial Inquiry Board has today filed a Complaint with the Illinois Courts Commission against Judge Mauricio Araujo, charging that he engaged in a pattern of inappropriate and harassing behavior toward several women including a court reporter, a Chicago Police Officer, and a Cook County Assistant State's Attorney.

Quoting now, from the Summary of Allegations in the JIB's Complaint:

In or around the Spring and Summer of 2012, on two separate occasions, Respondent made unwanted sexual advances toward a court reporter while alone with her in the confined space of an elevator at the Domestic Violence Courthouse in Chicago. On August 15,2016, Respondent made unwelcome sexual comments toward, and attempted unwanted physical contact with, a Chicago Police Officer while she was in his chambers at the George N. Leighton Criminal Court Building to obtain his signature on a search warrant. On September 11,2018, Respondent made inappropriate and sexually suggestive comments about an Assistant State's Attorney after she appeared before him, and did so in the presence of another Assistant State's Attorney.

The JIB's trial counsel, Kevin M. Fee and Martha C. Clarke of Sidley Austin LLP, will prosecute the Complaint.

Judge Araujo was elected to the bench in 2008 from the 6th Subcircuit. At the time he was rated qualified, recommended or better by every evaluating bar association. He was retained in 2014. In that election, Araujo was rated qualified for retention by each of the Alliance Bar groups and by the Chicago Bar Association.

Araujo has been assigned to administrative duties since his alleged comments about the Assistant State's Attorney broke into the news. According to a tweet this afternoon from the Chicago Daily Law Bulletin's Jordyn Reiland, the court reporter and police officer referred to in the JIB Complaint came forward after the media reports surfaced about Araujo's comments about the female prosecutor.

Margaret McBride joins race for Illinois Supreme Court

Another Appellate Court Justice has apparently joined the race for the Freeman vacancy on the Illinois Supreme Court: Papers were filed with the Illinois Board of Elections on April 18 reflecting the formation of a "Committee for Margaret McBride," the stated purpose of which is to elect Margaret McBride to the Illinois Supreme Court.

The Committee was formed without any funds on hand.

However, the ISBE website confirms that Clifford Law Offices, P.C., contributed $11,600 to the campaign on May 29.

Robert A. Clifford is listed as the Chairman of the McBride campaign.

McBride now joins Appellate Court colleagues Cynthia Y. Cobb, Shelly A. Harris, Nathaniel R. Howse, Jr., and Jesse G. Reyes in the race to unseat Justice P. Scott Neville, Jr., their former colleague, who was appointed to the Freeman vacancy last year.

There will presumably be other candidates. In fact, there appears to be one more already: A search today indicates that a committee has been formed to support the candidacy of Evanston attorney Daniel Epstein for the Illinois Supreme Court. According to ARDC Epstein was first licensed to practice law in Illinois in 2015.

Frank Calabrese creates maps with GIS technology that show where victories in judicial elections may be found

To say that Frank Calabrese is somewhat intense is like saying that a laser beam is a somewhat focused beam of light.

As the old expression goes, he's the kind of guy who would make coffee nervous.

So it seemed appropriate to meet him recently, as I did, at a Northwest Side Starbucks. I was on time. Frank was already ensconced at a table, typing on his laptop, waving me over before I'd gotten fully inside the store.

I was not surprised to see that he was also working on a tall cup of something while hammering on the keyboard and scanning the horizon for bloggers. I was surprised when he showed me that the cup contained hot chocolate. "I don't really like coffee," he said.

What Frank Calabrese likes is politics. To be specific, he likes political campaigning.

He's worked in all sorts of races, including aldermanic races (where he got his start, he says), the most recent mayoral race, the State's Attorney race, the Clerk of the Circuit Court race, and several judicial races. These days, he told me, he's doing a lot of research on candidates, sometimes for candidates who don't even know he's working on their behalf.

(Candidates hire someone else, Frank said, and that person enlists Frank, more or less as a subcontractor.)

Frank dropped lots of names. I didn't pick any up. That's not why I was there.

This is why I was there (click to enlarge or clarify):

Frank Calabrese has found a way, using an Excel code he's written, to meld Geographic Information Systems (GIS) technology with precinct level results from the City and County election authorities to show where candidates actually received support. Frank wanted to share some of the maps he's created from recent judicial campaigns.

Each candidate is represented by a different color on the map -- but the astute reader, or at least one using a larger screen, will soon notice that some red- or green- or blue-shaded areas are darker than others. The greater a candidate's vote percentage in a given precinct, the darker the color on the map. Chicago is so Balkanized, Frank noted; nowhere else in the country can a candidate get 70% support on one block -- but only 10% on the next.

In the first map, above, showing the race for the Dooling vacancy, the slated candidate won the primary; in the map below, showing the race for the Brewer vacancy, the slated candidate came up short.

Frank noted that both slated candidates did well in African-American communities and in Evanston where, he says, the Democratic organization is still quite strong. But Tom Sianis, though victorious, did not carry many North Shore precincts beyond Evanston. Tim Leeming, who had the Tribune endorsement, won those areas. Oran Whiting, who also had the Tribune endorsement, fared much better in those North Shore areas than Sianis.

Whiting's campaign, however, fared poorly in Northwest and Southwest Side communities where many police officers and firefighters live. John Maher, an Assistant State's Attorney who prosecuted gang crimes, received his strongest support in those areas.

There were two ASA's among the four candidates for the countywide Clay vacancy. One of these, Kathaleen Lanahan, who enjoyed the Tribune's endorsement, won the race. Her colleague in the State's Attorney's Office, Michael O'Malley, carried many Northwest and Southwest Side precincts. Neither enjoyed the official endorsement of the Democratic Party:

O'Malley did not have a lot of endorsements, but he did have one from the FOP.

These maps illustrate, fairly dramatically, that the 'boosts' that some candidates seem to receive, based on their surnames, or gender, or from the Tribune endorsement are real. Calabrese acknowledged that the maps provide confirmation of what Dr. Albert Klumpp has been reporting for years.

But the maps also show that -- as many candidates have learned to their sorrow -- the endorsement of the Democratic Party is, in and of itself, no guarantee of victory in a judicial primary election.

Frank Calabrese is a young man, often (he noted) quite a bit younger than the judicial candidates with whom he consults. Mature, successful lawyers may be wary of taking the advice of someone half their age. Instead, Frank noted, judicial candidates often prefer to rely on mentors who ran successful judicial campaigns -- but the political landscape has changed with the passage of time, Frank contends. He created these maps, he told me, to illustrate this.

Certainly Frank's maps illustrate, again, that all politics is local. In Chicago, often very local.

June 11 fundraiser set for Judge Lynn Weaver Boyle

Supporters of Judge Lynn Weaver Boyle's campaign to remain on the Cook County bench have planned a fundraiser for their candidate on Tuesday, June 11, from 5:30 to 7:30 p.m., at Harry Caray's, 33 W. Kinzie. State Senate President John Cullerton and Cook County Commissioner John Daley are the honorary hosts for the event.

Tickets for the event are $100 apiece, but sponsorships are available ($250 - Silver, $500 - Gold, and $1,000 - Platinum) and are available at this page on the candidate's new campaign website. For additional information about the event, contact Thom Karmik at (702) 809-2379 or by email at tkarmik@gmail.com.

The Illinois Supreme Court appointed Weaver Boyle to the countywide Patti vacancy late last year.

Patricia M. Fallon announces 2020 judicial bid

Patricia M. Fallon, a former Assistant Cook County State's Attorney now working for the Cook County Recorder of Deeds, has announced plans to seek election to the Cook County Circuit Court in the 2020 Democratic Primary.

Licensed as an attorney in Illinois since 2001, according to ARDC, Fallon states, on a new campaign Facebook page, that she is running because she is "ready to take my seventeen years of litigation experience in employment, labor, civil rights and contract law disputes, including both federal and state court litigation, to the bench."

Fallon received her law degree from the Chicago-Kent College of Law and a Bachelor of Science degree from Loyola University. Her Facebook campaign page notes that she resides in Glenview with her husband and two sons.

386 of 391 Illinois associate judges receive new 4-year terms

Three hundred eighty six of the 391 Illinois associate judges seeking reappointment for new four-year terms were retained by their colleagues in each of Illinois' 24 judicial circuits, according to an announcement issued today by the Administrative Office of Illinois Courts.

The appointments of all associate judges serving in Illinois, even those appointed recently (Judge James A. Wright, for example, appointed after a runoff only last June, and his 16 classmates, all sworn in last June 29) were set to expire on June 30 (under Supreme Court Rule 39(a)(1), the terms of all Illinois associate judges "expire on June 30th of every fourth year subsequent to 1975, regardless of the date on which any judge is appointed"). Only those associate judges seeking reappointment and retained by a vote of three-fifths of the sitting full circuit judges in their respective circuits, would be permitted to continue in office.

(Spoiler alert: Judge Wright and his classmates were all retained.)

The nearly 99% retention rate this year is slightly better than the roughly 98% retention rate in 2015 (when 376 of 384 associate judges were retained).

But in 2015, all 140 Cook County associate judges seeking a new four-year term were retained; this year, while 137 Cook County associate judges seeking reappointment were retained, one, Judge Richard Denis Schwind, was not.

Schwind became as associate judge in 2012; at the time of his 2012 appointment he was serving as an Assistant Illinois Attorney General. He was a finalist for associate judge in 2009.

Last fall, Judge Schwind was assigned to administrative duties following a media report in which Schwind was quoted as telling an African-American criminal defendant, during sentening, "You were never a slave." (Click here for FWIW post.) Schwind was one of four judges recently rated "not recommended" for retention by the Chicago Bar Association.

Tomorrow and June 22: CBA Symphony Orchestra & Chorus to perform joyfully

The Chicago Bar Association Orchestra & Chorus, the DePaul Community Chorus, and the Niles Metropolitan Chorus will perform Beethoven's Ode to Joy tomorrow, Sunday, June 2, at 3:00 p.m., at St. John Brebeuf Church, 8305 North Harlem in Niles, and again on Saturday, June 22, at 8:00 p.m. at Orchestra Hall, 220 S. Michigan Ave.

The performances of the Ode to Joy will feature winners of the American Prize in Voice Chicago Oratorio Award. The program will also include movements from Schumann's Piano Concerto, featuring Neil Posner on the piano; Mozart's Clarinet Concerto, featuring John Vishneski III on the clarinet; Saint-Saëns' Violin Concerto No. 3, featuring Sara Su Jones on violin; and selections by the combined choruses.

David Lazaar Katz, Stephen Blackwelder, and Marek Rachelski will conduct.

Tickets for tomorrow's concert in Niles are available online at this link.

To purchase tickets for the June 22 concert at Orchestra Hall, click here.

Mike Gerber receives new bench appointment

In an order entered yesterday, the Illinois Supreme Court returned Michael Perry Gerber to the Cook County Circuit Court bench, filling the vacancy created by the retirement of Judge Margarita Kulys Hoffman.

The appointment is effective Tuesday, June 4, and will terminate on December 7, 2020.

Gerber was previously appointed to the bench in late 2016, also to a 13th Subcircuit vacancy. He sought election to that post as a Republican, winning "Highly Qualified" ratings from both the Chicago Bar Association and the Illinois State Bar Association, and capturing the Tribune endorsement, but was defeated in the primary.

A 1980 graduate of DePaul Law School, Gerber was one of the longest serving Cook County Assistant State's Attorneys when he was first tapped for judicial service. He has also served as an instructor in business law in the College of Business and Management at the Northeastern Illinois University (NEIU) since 1980.

Gerber's new appointment comes on the recommendation of Supreme Court Justice Anne M. Burke. Justice Burke had announced an application process for the Hoffman vacancy in February.

Russ Hartigan seeks return to the Circuit Court bench

Former Circuit Court Judge Russell W. Hartigan has announced that he will attempt to return to the bench in the 2020 election.

First appointed to the bench in September 2010, Hartigan was elected, without opposition, to a countywide vacancy in 2012. However, he stepped down in early 2017 because of "family health issues," according to his new campaign website.

Hartigan was President of the Illinois State Bar Association in the 2017-2018 bar year. The bio on his new campaign website states that Hartigan "has a rich background of community and public service" including stints as Berwyn Township Committeeman and President of Lyons Township Democratic Organization. He has also served as Lyons Township Supervisor, Trustee and Township Trustee of Schools. Hartigan was also a trustee of Village of Western Springs.

A member of the American Board of Trial Advocates, Hartigan has taught classes at John Marshall Law School, Northwestern University, and the DePaul University School for New Learning. He was admitted to the practice of law in Illinois in 1976.

Kelly Marie McCarthy announces 2020 judicial bid

Assistant Public Defender Kelly Marie McCarthy has announced plans to run for the Cook County Circuit Court in the 2020 primary. A campaign Facebook page has been launched in support of this effort.

Licensed as an attorney in Illinois since 2001, McCarthy has worked for the Public Defender's Office since 2002. A campaign bio, linked to McCarthy's campaign Facebook page, notes that she has tried over 60 jury cases and hundreds of felony bench cases. She currently serves as Chief of the PD's Appeals/ Post Conviction Division, previously serving as Deputy Chief of the office's Felony Trial Division.

McCarthy's campaign bio also notes that she is a breast cancer survivor, a pilot, and the mother of two small children. In addition, according to the bio, she serves, pursuant to Supreme Court appointment, on "a subcommittee addressing pretrial practices throughout Illinois."

This will be McCarthy's first bid for election to the bench. She applied for Associate Judge in 2017 and again last September.

A bill to redraw Subcircuit boundaries has now passed both houses of the General Assembly

In 1990, a coalition of minority groups in the Illinois General Assembly (African-Americans, Hispanics, and Republicans) banded together to divide Cook County into 15 subcircuits, with 11 judges to be elected from each, as vacancies became available. These positions were made available by eliminating the former method of electing judges from the City only or the suburbs only. As judges elected from the City-only or the suburbs-only left office, Additional Judgeships A, B, and sometimes C were added on the ballot in the various subcircuits.

Each of these historic minorities thought that a subcircuit system would increase their respective numbers on the Cook County bench at the expense of the 'Regular' (read: European-descended) Democrats.

The Republicans were, of course, wrong.

The Subcircuits were drawn using data from the 1990 Census. The first Cook County subcircuit election was held in 1992. There are now only three judges still serving in Cook County who were elected City-only or Suburbs-only.

And the original subcircuit boundaries, drawn with 1990 Census data, have remained unchanged.

But not for long.

H.B. 2625, which will require the redrawing of subcircuit boundaries using 2020 Census data, has now passed both the Illinois House and Senate. It is not ready yet for the Governor's signature because the Senate has added provisions for the redrawing of subcircuit boundaries in the 12th, 16th, 17th, 19th, and 22nd Circuits as well (basically all the collar counties except DuPage, and Boone and Winnebago Counties). It seems likely, however, that the House and Senate versions of the bill will soon be reconciled.

Judges elected from a subcircuit will not be obliged to move if their residence is moved to a different subcircuit by the new map. However, starting with the 2022 election, a candidate for a subcircuit vacancy must be a resident of the redrawn subcircuit in order to qualify for the ballot.

Retired Judge Sebastian T. Patti to be honored at Alliance of Illinois Judges Annual Meeting

The Alliance of Illinois Judges will hold its Annual Meeting and Installation of Officers on Wednesday, June 26, from 5:00 to 7:00 p.m., at the Chicago Bar Association, 321 S. Plymouth Court.

At the meeting, the Alliance will present recently retired Judge Sebastian T. Patti with the inaugural Hon. Sebastian T. Patti Judicial Excellence Award.

In announcing the honor, the AIJ stated that this year marks the 50th anniversary of Stonewall, "and in celebration, we honor a truly remarkable member of the LGBTQ community."

Of Judge Patti, the AIJ states, "During his 24-year tenure Judge Patti personified excellence through his demeanor, strength of character, integrity, fairness and open-mindedness. He served with distinction and garnered the respect of judges and lawyers alike. Judge Patti is the first openly gay countywide Judge, the first openly gay Appellate Court Justice, and the first openly gay Presiding Judge in Illinois."

The AIJ will also inaugurate a new slate of officers at the June 26 meeting. These are:

• President - Hon. Mary Cay Marubio
• Vice President - Hon. Linda Pauel
• Treasurer - Hon. Judy Rice
• Secretary - Hon. Catherine Schneider
• Director - Hon. James Snyder
• Director - Hon. Stephanie Miller
• First Past President - Hon. Mary Trew
• Second Past President - Hon. Mary Colleen Roberts

Cook County Chief Judge Timothy C. Evans will preside at the installation.

Tickets for the event are $50 apiece, and are available at this link on the AIJ website.

June 11 reception set for Justice Reyes

(And so it begins....)

Supporters of Appellate Court Justice Jesse G. Reyes' Supreme Court bid are planning a fundraiser for their candidate on Tuesday, June 11, from 5:30 to 7:30 p.m., in the Savoy Room of the Hotel Allegro, 171 West Randolph Street.

Tickets for the event are $150 each, and sponsorships are available (Host - $500, Sponsor - $1,000, Patron - $2,500, Chair - $5,800). For additional information about this event, or to procure tickets, contact Kelly Marie Murphy at (224) 999-4690 or KellyMarie@KMMMconsulting.com.

Cook County Dems announce "pre-slating" on June 20-21

Jacob Kaplan, the Cook County Democratic Party's Executive Director, has confirmed the June 20-21 dates. To get a specific appointment time, and to find out what to bring, call (312) 263-0575 or email cookcountydems@msn.com.

The Cook County Democratic Party has also announced chairs and vice-chairs for these slating committees:

Candidate Recruitment and Evaluation (Pre-Slating) Committee:
Chair – Barrett Pedersen (Leyden Township)
Vice Chair – Jason Ervin (28th Ward)

Statewide Committee:
Chair – Michael Hastings (Orland Township)
Vice Chair – Antonio Munoz (12th Ward)

Countywide Committee:
Chair – Roderick Sawyer (6th Ward)
Vice Chair – Ted Mason (Elk Grove Township)

Supreme Court Committee:
Chair – Robert F Martwick Jr. (38th Ward)
Vice Chair – Tracy Katz Muhl (Northfield Township)

Appellate Court Committee:
Chair – Dean Maragos (New Trier Township)
Vice Chair – Pat Dowell (3rd Ward)

Circuit Court Committee:
Chair – Don Harmon (Oak Park Township)
Vice Chair – Michelle Harris (8th Ward)

And if you're doing long-range planning, the slating meeting is set for August 15-16.

Chicago Bar Association finds four Associate Judges "not recommended" for retention

One hundred thirty four of the 138 associate judges seeking reappointment have been found qualified by the Chicago Bar Association's Judicial Evaluation Committee, the CBA announced today.

For the mathematically-challenged, that means four current AJs were found "not recommended" by the CBA.

Two, Judges Stuart Katz and Patricia Logue, did not return the CBA's questionnaires and were thus automatically found "not recommended" under the CBA JEC's rules.

Frequently -- and I don't know whether this is the case here -- judges who are about to retire will decline to be screened. If I get further information on this, one way or the other, I can update this post.

Two current associate judges did participate in the CBA evaluation process but were found wanting by the CBA JEC.

These two judges are Judges Luciano Panici and Richard Schwind. The CBA's comments concerning these judges are set out in their entirety below.

JUDGE LUCIANO PANICI – NOT RECOMMENDED

Judge Luciano Panici is “Not Recommended” for reappointment as an Associate Judge. Judge Panici was admitted to practice law in Illinois in 1979 and was appointed an Associate Judge in 2001. Judge Panici is currently assigned to a bond and felony preliminary hearing court in the Sixth Municipal District. Judge Panici exhibits a casual attitude regarding whether the State has met the burden of proof, giving defendants and those who appear in his court the impression that the Judge favors the State. The Judge openly expressed the view that nearly all of the defendants who appear before him are guilty. Judge Panici’s conduct on the bench and comments regarding defendants who appear before him are improper, insensitive and evidence bias. Judge Panici lacks the judgment and integrity to serve as an Associate Judge.

JUDGE RICHARD SCHWIND – NOT RECOMMENDED

Judge Richard Schwind is “Not Recommended” for reappointment as an Associate Judge. Judge Schwind was admitted to practice law in Illinois in 1978 and was appointed an Associate Judge in 2012. Judge Schwind served in the Third Municipal District for six years before being reassigned to the First Municipal District in October 2018. Judge Schwind has serious issues with integrity, judicial demeanor and temperament. His statements to minority litigants appearing before him are insensitive, improper and evidence bias.

Interestingly, the CBA's press release about the AJ evaluations was time-stamped at 10:49 this morning.

Somehow, however, I had a comment yesterday in my comment queue spilling the beans in re: Panici and Schwind. I did not let the comment through until after I received the CBA's press release -- my initial plan was to seek confirmation from the CBA, but I wanted to get a little legal work done today before diving back into this. Historically, the bar associations have been pretty careful not to 'leak' information about ratings before an official rollout; that is why this seemed odd. To be continued?

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NB, if slightly off topic: Happy candidates, with good ratings, were never sworn to secrecy by any bar group that I've ever heard about. Once a candidate receives a rating, he or she is free to broadcast it to the world, to Tweet it, put it on Facebook, or Instagram, or whatever is the new social-media-flavor-of-the-week. Some candidates have, over the years, been annoyed with yours truly for not immediately publishing their good news here. And, truly, I'd be much happier if the bar associations put out evaluations on a rolling basis throughout each election cycle. But they don't. And I do try to confirm information I release in posts on this blog -- and, unless they're my own, I never, ever vouch for comments.

Which are quickly becoming ever more rude and mean and vicious.

With a Supreme Court seat at stake, I reluctantly realize that, in this election cycle, I will have to allow some greater "latitude" (read: attitude) than I would like -- but it amazes me that some of these safely-anonymous commenters may someday seek an appointment from the eventual winner of said Supreme Court seat, despite making vitriolic, mean-spirited attacks between now and the next Feast of St. Patrick on that same person.

I mean -- the mean, angry, sometimes scary comments in my queue can't all be from consultants trying to bamboozle candidates into hiring them... can they?

Diana Uchiyama named new Executive Director of the Illinois Lawyers' Assistance Program

The Illinois Lawyers' Assistance Program has named Diana Uchiyama, J.D., Psy.D., as its new Executive Director.

In a press release, Appellate Court Justice Mary K. O'Brien, LAP Board President, said "Dr. Uchiyama was selected from a number of talented candidates because her qualifications as an attorney, psychologist, and program administrator demonstrated to our board that she will be successful in increasing the reach of LAP to every part of Illinois."

Just last Fall, LAP announced an affiliation with Dr. Uchiyama. She was soon thereafter promoted to Assistant Deputy Director.

Prior to joining LAP, according to the LAP press release, Uchiyama was the Administrator of Psychological Services for DuPage County, overseeing a State-licensed substance use treatment program, including a MISA program, and DHS Domestic Batterer Intervention Program for a court mandated population of clients. Dr. Uchiyama has also worked for the Kane County Diagnostic Center, as both a Staff Psychologist and Juvenile Drug Court Coordinator, and has an extensive background doing court ordered psychological, sanity, fitness, and sex offender evaluations and therapy. She has implemented numerous changes to court-ordered programs both in Kane and DuPage County and is a certified trauma informed care trainer.

Before obtaining her masters and doctorate in Clinical Psychology, Dr. Uchiyama was an Assistant Public Defender in Cook County working in various felony courtrooms. She obtained her law degree from Pepperdine University School of Law.

The LAP office in Chicago, at 20 S. Clark St., Suite 450, is open daily from 9:00 to 4:30. The telephone number for the Chicago office is (312) 726-6607; LAP can also be reached toll free at 800-LAP-1233. LAP's email address is gethelp@illinoislap.org.

To schedule a confidential appointment with a LAP clinician at any LAP location, call the Chicago number (312) 726-6607. In addition to the Chicago office, appointments can be scheduled for offices in Park Ridge, DuPage/Kane County, Bloomington, Carbondale, Edwardsville, and Rock Island.

City's suit against Jussie Smollett up for initial status on June 3

Just more than five weeks ago, with great fanfare, the City of Chicago announced that it was suing Jussie Smollett, an actor in a show I never watched, seeking to recover costs incurred by the Chicago Police Department in investigating a crime reported by Smollett that never happened.

The filing of the suit garnered national headlines (e.g., CNN's coverage, linked here). Locally, a number of media outlets (e.g., WGN-TV) even provided a link to the City's entire Complaint (still accessible as of this posting).

But the copy of the Complaint provided for the press was not file-stamped.

That's not necessarily surprising, inasmuch as a document submitted for efiling on Day 1 may not actually be accepted until Day 2. But that's a totally different scandal.

Nevertheless, if the docket number of the case might was not available when the story was first posted, it became available eventually, and the story could have been updated to provide the fact that the docket number of the City's case against Mr. Smollett is 19 L 3898.

With that slight amendment, anyone interested could follow the progress of that suit from the comfort of one's home or office.

Because how this suit proceeds, or not, may provide an important signal about the new Mayor's pledges of reform.

The incoming mayor has already given a very politic answer regarding the fate of this suit: She has said that this case will not be a "priority" for her administration.

That may mean it will be quietly dropped at the first opportunity.

However, the City of Chicago has enormous problems, from potholes (merely the most obvious signs of our crumbling infrastructure) to pensions, from systemic corruption to skyrocketing fees and taxes, and from TIF reform to the glaring need for a deep, detailed, forensic accounting of every dollar spent, or misspent, these past 30 years or so. And also police reform, violence reduction, crime increases, the restoration of City mental health services, the precipitous decline of the City's middle class, the surging cost of living. Any or all of these may be rightly said to be greater 'priorities' for the new mayor than one Law Division case against an actor who has been fired from a now-cancelled series.

Therefore, even if Mayor Lightfoot instructs incoming Corporation Counsel Mark A. Flessner to pursue Smollett with the same pitiless remorse with which Jauvert pursued Jean Valjean, the case of City v. Smollett would not be a 'priority' for the new administration. The new mayor need not ever hear of it again -- and Mr. Smollett might never hear the end of it.

The first status hearing in the Smollett case is June 3 at 9:00 a.m. before Judge James E. Snyder.

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Meanwhile, if you're also wondering about the suit by the Osundairo brothers against Smollett's Los Angeles-based lawyers, Tina Glandian, Mark Geragos, and their firm, Geragos & Geragos, that case is pending a little further south on Dearborn Street under docket number 19 C 2727. As of Saturday, none of the defendants had yet appeared in that case.

I wish media outlets would remember to include docket numbers in any story concerning civil litigation.

In case you missed it when it was first offered....

The Cook County Democratic Party is revisiting the "Road to the Robe" program (in a somewhat condensed format) on Tuesday, June 4, from 5:30 to 7:30p.m. The pertinent information is set out on the flyer below:

Admission is free, but space is limited, and would-be attendees must advise of their hopes to attend. To secure a place for the program, call (312) 263-0575 OR email cookcountydems@msn.com.

Who Sits Where: National Pack Rat Day, Yellow Brick Road Edition

Today, May 17, is Sugar Ray Leonard's 63rd birthday, which is hard to believe. Today is also the 119th anniversary of the publication of The Wizard of Oz. L. Frank Baum wrote that book, a classic of children's literature, and a recognized progenitor of the science fiction genre, while a Chicago resident.

What does that have to do with the Cook County judiciary? Perhaps nothing. But it may give you a conversational topic besides our abysmal Spring weather.

Today is also National Pack Rat Day, a day set aside by very few to consider whether we are holding onto things we would be better off without.

Meanwhile, we are also 10 months away from the 2020 Primary. And so, once again, we pause to look at what judicial vacancies there may be to be filled on the next Feast of St. Patrick.

What follows is not a comprehensive list of Cook County judicial vacancies but, rather, a list of vacancies that have either been filled by Supreme Court appointment, or for which an application process has been announced, or that I believe to exist even though no announcement has been made. Not all of the "vacancies" listed below are necessarily vacant -- and some of the persons identified as filling these vacancies have not yet actually taken office -- but an official announcement has been made. There are probably other vacancies, beyond those reported here, which the Supreme Court has neither filled nor announced. When new vacancies are made public, I can and will update as necessity requires and opportunity permits.

But this is the best information I have now.

As always, all errors of omission or commission in this list are mine alone and I am grateful for additions and corrections provided.

Supreme Court Vacancy

Vacancy of the Hon. Charles E. Freeman -- P. Scott Neville, Jr.

Appellate Court Vacancies

Vacancy of the Hon. P. Scott Neville, Jr. -- Michael B. Hyman¹
Vacancy of the Hon. John B. Simon -- John C. Griffin

Countywide Vacancies

Vacancy of the Hon. Carole K. Bellows -- Kerrie Maloney Laytin
Vacancy of the Hon. Matthew E. Coghlan -- James T. Derico, Jr.
Vacancy of the Hon. Nicholas R. Ford -- Thomas M. Cushing
Vacancy of the Hon. Raymond Funderburk -- Celestia L. Mays
Vacancy of the Hon. Diane J. Larsen -- Levander Smith, Jr.
Vacancy of the Hon. Jessica A. O'Brien -- Lloyd James Brooks
Vacancy of the Hon. Sebastian T. Patti -- Lynn Weaver-Boyle
Vacancy of the Hon. Kevin M. Sheehan -- Marina E. Ammendola

Subcircuit Vacancies

1st Subcircuit
Vacancy of the Hon. Rodney Hughes Brooks -- Fredrick H. Bates
Vacancy of the Hon. Vanessa A. Hopkins² -- Unfilled

2nd Subcircuit
"A" Vacancy³ -- Sondra Nicole Denmark

3rd Subcircuit
Vacancy of the Hon. Denise K. Filan -- Daniel E. Maloney
Vacancy of the Hon. Allen F. Murphy -- Unfilled

6th Subcircuit
Vacancy of the Hon. Marya Nega -- Unfilled
Vacancy of the Hon. Kathleen M. Pantle -- Unfilled

7th Subcircuit
Vacancy of the Hon. Marianne Jackson -- Unfilled

8th Subcircuit
Vacancy of the Hon. John J. Fleming -- Unfilled⁴
Vacancy of the Hon. Deborah J. Gubin -- Michael A. Forti

9th Subcircuit
Vacancy of the Hon. Marvin F. Luckman -- Michael A. Strom

10th Subcircuit
Vacancy of the Hon. Thomas R. Allen -- Unfilled

12th Subcircuit
Vacancy of the Hon. Kay M. Hanlon -- Unfilled

13th Subcircuit
Vacancy of the Hon. Margarita Kulys Hoffman -- Unfilled

14th Subcircuit
Vacancy of the Hon. Robert Bertucci -- Gerardo Tristan, Jr.
Vacancy of the Hon. William G. Lacy -- Daniel O. Tiernan

15th Subcircuit
Vacancy of the Hon. John C. Griffin -- Nichole C. Patton

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¹ Justice Hyman is a Cook County Circuit Court judge sitting by appointment to the Appellate Court. The language of the Supreme Court's order appointing Justice Hyman to this vacancy suggests that, unless he runs for, and wins a seat on the Appellate Court in 2020, he will return to his original position as a Circuit Court judge. For this reason I have not included a "Hyman vacancy" among the countywide openings.

² The late Rhonda Crawford won the Democratic Party's nomination for this vacancy in the 2016 primary but never took office.

³ Vacancy created by the retirement of Judge Alexander White.

⁴ Jeanne Marie Wrenn was appointed to this vacancy, but, last November, Judge Wrenn was elected to fill the 8th Subcircuit vacancy of the Hon. Sheryl Pethers. That is why this vacancy is again unfilled.

Two upcoming Cook County judicial elections that will not involve the public

Cook County Chief Judge Timothy C. Evans is seeking reelection to a new three-year term.

He has served as Chief Judge since 2001, the longest tenure of any Cook County Chief Judge since the Illinois courts were reorganized in 1964.

Jordyn Reiland reported, in the May 7 Chicago Daily Law Bulletin, that Judge Lorna E. Propes has announced her intention to oppose Judge Evans's bid for a 7th term.

There may ultimately be other declared candidates; there will be rumors and speculations aplenty. But, whatever campaigning may take place, we may rest assured that candidates will not be airing commercials during our evening newscasts. That is because the only persons eligible to vote in the election for Cook County Chief Judge are current Cook County Circuit Court judges.

The Chief Judge election will be held in September. Meanwhile, in the next few weeks, prior to June 30, that same small electorate will decide the fate of each of the Cook County Circuit Court's associate judges -- even those appointed just last year.

Why? Because Illinois Supreme Court Rule 39(a)(1) provides, in pertinent part, "The terms of all associate judges in office shall expire on June 30th of every fourth year subsequent to 1975, regardless of the date on which any judge is appointed."

In fact, this election is already underway. Supreme Court Rule 39(c) provides:

(c) Reappointment of Associate Judges Upon Expiration of Their Terms.

(1) Request for Reappointment. An associate judge may file a request for reappointment with the chief judge of the circuit at least three months but not more than six months before the expiration of his or her term. At least 63 days before the expiration of the terms of associate judges, each chief judge shall certify to the Director the names of the associate judges in the circuit who have requested reappointment.

(2) Distribution of Ballots. At least 40 days before the expiration of the terms of associate judges, the Director shall prepare and distribute ballots on which each circuit judge shall vote on the question whether each associate judge who has requested reappointment shall be reappointed for another term. Each ballot shall be accompanied by a stamped, addressed return envelope, an envelope marked “For Ballot Only,” and a signature card.

(3) Balloting. Each circuit judge shall complete his or her ballot, enclose it in the envelope marked “For Ballot Only,” seal the envelope, sign the signature card, and enclose the sealed envelope and signature card in the stamped, addressed return envelope, which shall be delivered to the Director within 14 days after it was distributed. The Director shall count the ballots which are accompanied by a signed signature card, tabulate the results and certify them to the chief judge, maintaining the secrecy of the ballots. If three fifths of the circuit judges voting on the question vote in favor of reappointment of an associate judge, he or she shall be declared reappointed for another term.

In 2015, all Cook County associate judges seeking retention were reappointed. Statewide, 376 of the 384 associate judges seeking reappointment in 2015 were retained. The results of the 2015 reappointment election came on June 11 of that year.

Tom Cushing appointed to countywide vacancy

The Illinois Supreme Court has appointed Thomas M. Cushing to the countywide vacancy created by the retirement of Judge Nicholas R. Ford.

The appointment was made on the recommendation of Justice Mary Jane Theis; the Supreme Court has issued this press release announcing the appointment, which will be effective June 19, 2019 and terminate December 7, 2020.

Currently, Cushing is Of Counsel for Christopher A. Kreid & Assoc. for the last six years, focusing on general civil litigation and chancery matters. Before that, Cushing had his own firm, Thomas M. Cushing, LLC, for 13 years. He also spent 17 years at Ambrose & Cushing, PC, where he was a trial and appellate attorney.

According to the Supreme Court's press release, Justice Theis recommended Cushing's appointment after he was previously reviewed by bar associations and a special judicial screening committee. Cushing received highly qualified or recommended ratings from a dozen bar groups, according to the court's press release. Cushing was a countywide judicial candidate in the 2016 primary; he sought a 9th Subcircuit seat in the 2014 primary. He enjoyed superlative bar ratings in both of those races.

Cushing earned his Bachelor of Arts from the University of Notre Dame and received his Juris Doctor from the Loyola University School of Law.

Cushing has additionally served as an Adjunct Faculty Member at the Loyola University School of Law, has taught numerous Continuing Legal Education courses, and has been an invited lecturer on over 65 occasions. He has been an appointed Hearing Board Member for the Illinois Attorney Registration and Disciplinary Commission since 2013.

Oregon AG (and former judge) offers 11 tips for becoming a good judge

An article by Tony Mauro in the National Law Journal ('Set Your Ground Rules Early' and 10 Other Tips on Becoming a Good Judge) led me to this list on the National Judicial College website.

The list was prepared by Ellen Rosenblum, the Oregon Attorney General, elected in 2012, and reelected in 2016. Before her election to the AG post, Rosenblum was a trial and, later, appellate judge in Oregon for 22 years.

Herewith, then, Rosenblum's list (and her comments on each point):

1. Encourage lawyers to educate you on the issues of the case. It is OK to say you are new to the subject matter – no one expects you to be an expert. You are a judge of general jurisdiction for a reason, and lawyers will respect you for not trying to fake what you don’t know.
2. Allow lawyers to make their record, even if you are feeling antsy about the time and ready to move on. I didn’t realize the importance of this until I became an appellate judge and the records simply didn’t always match up to the arguments – sometimes on account of an impatient trial judge.
3. Make it a habit to read appellate opinions, and stay ahead on legislation and jurisprudence in your areas. As you know, there’s never enough time to read up when you’re in the middle of a motion, hearing or trial.
4. Now that you’re up to date on the judicial ethics rules, share them with lawyers who do not know them as well as you do. Consider offering knowledge on the judicial conduct code to lawyers, as everyone is looking for ways to get their ethics credits.
5. Set your ground rules early when it comes to discovery practice. If the lawyers believe you are in control, they will get along better, and your role as referee will take up less of your precious time.
6. Avoid social media to the extent possible. Facebook and similar friend-based apps should specifically be avoided.
7. Take advantage of opportunities to chat to jurors after the case is over. It will help to make you a better judge, and you will also be able to give constructive feedback to lawyers if they are interested.
8. Try to avoid taking issues under advisement if it is possible. As much as I loved writing opinions as a trial judge, I found there to be little time to do so.
9. Make collegiality between you and your judicial colleagues a priority, and develop a support system on and off the bench. While you’re at it, get exercise. There will be days when the stress of it all seems like too much to handle. Trust me, it will help a lot.
10. Step up your mentoring. Going for a walk with or taking a young lawyer out to coffee might be the most thrilling moment of that lawyer’s career thus far. It will also get you out of the courthouse and into the fresh air for a healthy break.
11. Never say “no comment” to a media inquiry. There’s almost always something you can say that is a matter of public record. If not, just consider a question as an opportunity to educate the media as to why you are unable to discuss the case.

Point 5 appeals to me, as the world's leading proponent (and, so far as I know, only proponent) of Zero-Based Discovery, although 'setting ground rules' (advising of one's expectations) is not good enough. The court needs to be directly involved in what discovery will be permitted, and why.

While I wholeheartedly agree that social media is fraught with peril for any public figure, I'm not sure that Point 6 (Facebook is a no-no) is entirely consistent with Points 9 and 10 -- and, in this day and age, I think Facebook and the like are darn near necessary for staying connected with actual family and real friends. That seems to me to be an important part of staying grounded as a person.

I like Point 1. A lot. Nobody knows everything, even judges, no matter how varied one's practice may have been before ascending to the bench. In some circles it seems almost disqualifying to admit that one hasn't become expert in all areas of the practice. (As if that were possible!) A willingness to listen, and learn, seems to me to be more important to the makeup of a good judge than faith in one's own expertise.

Any list, of course, is necessarily incomplete, and subjective. But what would you add -- or delete -- from your personal list of what makes a good judge?

Deadline nears for applications for two subcircuit vacancies

Updated and partially rewritten 4/29/19 to confirm Sen. Mulroe's interest in the appointment to the Allen vacancy.

Tuesday, April 30 at 4:00 p.m. is the deadline for interested persons to submit applications to Illinois Supreme Court Justice Mary Jane Theis for appointments to the Allen vacancy in the 10th Subcircuit and the Fleming vacancy in the 8th Subcircuit.

The links in the preceding sentence will take you to press releases announcing each vacancy and details regarding the application process. As with past appointments by Justice Theis, applications are to be reviewed by the special screening committee she set up in 2013.

I have no information about who might be among the favorites for the 8th Subcircuit Fleming vacancy, but I do know that, in his February 27 column, Russ Stewart predicted that State Senator John Mulroe (D-10) would be Allen's "likely replacement" in the 10th Subcircuit.

In a telephone conversation Monday, Sen. Mulroe confirmed that he is seeking the appointment -- but he rejects any speculation that he has the nod. "People in Springfield were calling me 'Judge,'" Mulroe said, "but I told them to knock that stuff off."

It is certainly no sudden whim or impulse; Mulroe has had judicial aspirations for some time. Long-time FWIW readers may also recall that Mulroe sought a 10th Subcircuit vacancy in 2008, losing the race but picking up the endorsements of the Tribune, Sun-Times, and the Chicago Federation of Labor along the way. Mulroe won a contested Democratic primary for the 10th District State Senate seat in 2010. When the incumbent, Sen. James DeLeo, stepped down early, in August 2010, Mulroe was appointed to the vacancy. He then bested 41st Ward Ald. Brian Doherty in the 2010 general election. He was unopposed for reelection in 2016 and currently serves as Chair of the Senate Judiciary Committee.

While Sen. Mulroe is taking nothing for granted, admitting only that he may never again have a better opportunity, I personally would be surprised if Justice Theis did not appoint him. If appointed, he would certainly be a formidable candidate in the primary.

Full disclosure: I have also submitted an application for this vacancy, which says something about my sense of timing. Actually, I applied because you can't get what you don't ask for. I ran for a 10th Subcircuit vacancy in 1994... and I suppose I have been running (albeit ineffectively) ever since.

Politico's Illinois Playbook carries Supreme Court bid announcement from Justice Reyes

This morning's Illinois Playbook reports that Illinois Appellate Court Justice Jesse G. Reyes has declared for the Freeman vacancy on the Illinois Supreme Court.

Politico's Illinois Playbook is regularly linked in the blog Sidebar.

An excerpt from this morning's post:

In his election announcement sent to POLITICO, Reyes, the first Latino elected to the Appellate Court in Illinois, said, “As a descendant of immigrants and a product of a blue-collar family, I know of the struggles many people in the state of Illinois have to endure on a daily basis.”

The Illinois Playbook post includes the suggestion that six other jurists, including Justice P. Scott Neville, Jr., who was appointed to the Freeman vacancy last year, and Justice Sheldon A. Harris, whose election announcement ran yesterday here on FWIW, are exploring possible campaigns for this position.

Personal opinion, clearly labeled as such: I think there may be as many as 10 or 12 candidates who will seriously consider bids for the Freeman vacancy. I do not necessarily expect that all 10 or 12 will make it to the ballot in the March 2020 primary -- but Supreme Court vacancies are rare (justices are elected to 10-year terms and face only a retention election thereafter, not a contested election, in order to remain in office) and this scarcity almost necessitates a 'now-or-never' analysis.

Justice Sheldon A. Harris announces for Supreme Court vacancy

Illinois Appellate Court Justice Sheldon A. Harris has declared his candidacy for the 1st District Supreme Court vacancy to be filled in 2020.

Justice Harris released this statement in connection with that announcement:

My good friend and learned jurist Charles Freeman retired last February. His retirement has created a Supreme Court vacancy which will be filled in the 2020 elections.

Today I am announcing that I am a candidate in the March, 2020 Democratic primary election to fill his vacancy.

No candidate for the Freeman vacancy can better or match my experience and qualifications:

• Justice of Appellate Court, First District since 2010 having authored over 400 Opinions and Orders.
• Rated Qualified/Recommended by every bar association that rates judges.
• Over 25 years of extensive Trial Lawyer Experience
• 10 years Circuit Court Cook County Jury Trial Judge
• Former Chicago Public Schools Teacher

A committee supporting me is in formation and HarrisForJustice.com is in place.

I look forward to the election campaign and will be grateful for your support.

The Illinois Supreme Court appointed Justice P. Scott Neville, Jr. to the Freeman vacancy last June, but he would have to win election to this seat in 2020 to continue in office.

South Asian Bar Association of Chicago plans Judicial Reception for April 11

The South Asian Bar Association of Chicago has announced that its Second Annual Judicial Reception will be held on Thursday, April 11, from 5:00 to 8:00 p.m. at the Kimpton Hotel Allegro, 171 West Randolph Street.

SABA will be honoring Illinois Supreme Court Justice Mary Jane Theis at this event and welcoming newly appointed U.S. Magistrate Judge Sunil R. Harjani. SABA Chicago Preisdent Chirag H. Patel advises that over 100 judges have already indicated plans to attend.

Tickets for the reception are $100 each for non-members, $80 for SABA Chicago members, and $25 for law students. Members of the judiciary will be admitted without charge, but all must register. To purchase tickets or register for the event click here.

Attention Last Minute CLE Shoppers -- 7th Circuit Bar Association Symposium tomorrow

My fault entirely for the late posting -- but, if you can defer the start of your St. Patrick's Day celebrations until tomorrow night, you can pick up 6.75 Illinois CLE hours at a symposium put on by the 7th Circuit Bar Association, from 9:00 to 5:15, at the University Club of Chicago, 76 E. Monroe. Here is the agenda for the seminar, "Today's Challenges to a Functional Congress: Revitalizing Article I" (click to enlarge or clarify):

Here is the registration link.

The price (for those seeking CLE credit) is $50. A reception follows the program.