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(By Andrew MacKie-Mason)
In Illinois, judges aren't directly challenged in elections. Rather, voters decide whether or not to retain them. For me, at least (voting in Chicago) there are a huge number of candidates up for retention questions, and there's no way for me to investigate them in detail. So I'll proceed as follows: by default, I'll assume every candidate should be retained. Then I'll look closer at any candidate whom the Chicago Tribune, Chicago Bar Association (detailed assessments), or Chicago Council of Lawyers (detailed assessments) says
shouldn't be retained. At the bottom of this post will be a list of those candidates whom I, in the end, think should not be retained. The candidates for the Cook County Circuit Court who are opposed by at least one of these three are:
- Kathy M. Flanagan, opposed by the CCL
The Council has one main reason for voting against Flanagan: her temperament falls within the realm of "judicial rudeness" according to them. This is a tough thing to evaluate without personal experience, but given that the CCL does not provide specific examples and Flanagan is supported by the other two groups (the Tribune gives her an explicit endorsement, not just a failure to oppose), I'm going to tentatively recommend retention for Flanagan. It's also worth noting that even the CCL says Flanagan has all the other qualities expected of a judge: intelligence, knowledge of the law, diligence, etc.
Vote: YES
- Cynthia Brim, opposed by the Tribune, CBA, and CCL
Brim has the dubious honor of unanimous opposition from the three organizations. The CCL says that she is not punctual and routinely demonstrates a poor grasp of the law. NBC has troubling reports of her being arrested and behaving very strangely in court. According to the Tribune, she's now not allowed inside the courthouse without a Sheriff's escort and has been suspended for seven months. There's more than enough good cause here to kick Brim out of office.
Vote: NO
- Rodney Hughes Brooks, opposed by the Tribune and the CBA
The Tribune opposes Brooks primarily based on the CBA's report that Brooks lacks basic judicial skills and knowledge of the law. However, the Tribune misrepresents the CCL's report as much more negative than it actually is; in sharp contrast to the CBA, the CCL says of Brooks:
His legal ability andknowledge of the law is considered one of his most obvious strengths. Attorneys commented thathe “reads statutes literally and follows them” to the letter of the law, that he is “extremely wellversed in the law” and does research when he is uncertain about a particular issue
Such different reports don't leave me with a solid basis on which to recommend a vote against retention.
Vote: YES
- Christopher Donnelly, opposed by the Tribune and CCL
Though the CCL says Donnelly has legal aptitude, it raises even stronger concerns about Donnelly's temperament than for Flanagan's, calling Donnelly a bully who goes out of his way to demean individuals. More seriously, several lawyers apparently view him as having a severe pro-prosecution bias (Donnelly is a former prosecutor), which is a terrible thing in a circuit court judge. The CBA says that Donnelly is "compassionate," but doesn't address the charge of partisanship.
Vote: NO
- James D. Egan, opposed by the CBA and CCL
Egan failed to send materials to the Tribune, the CBA, or the CCL for their evaluations. The Tribune still supports retention, but both the CBA and CCL automatically recommend against retention for those who fail to participate in the evaluation process. Even though the CCL thinks there are some mitigating circumstances (Egan has participated in evaluations in the past, and done well) I have to agree that a failure to submit to evaluation, whether it shows a desire to avoid scrutiny or mere forgetfulness, is a reason to vote against retention.
Vote: NO
- Lisa Ruble Murphy, opposed by the Tribune and the CBA
The Tribune reports that Murphy often pressures litigants to settle when it's not in the best interests of the clients, presumably because it makes her job easier (by clearing out her calendar). The CBA raises concerns about her work ethic and delay in issuing opinions. The CCL concurs in the reports, but considers her smart and able enough to score a "Qualified" rating. I'll side with the CBA and Tribune here: settling too often is a bad thing for our legal system. Everyone agrees that Murphy pushes too hard for settlements, so she should go. (Note: there are two other Murphys on the ballot. Make sure you're voting against Lisa Ruble).
Vote: NO
- Loretta Eadie-Daniels, opposed by the CBA
The CBA doesn't consider Eadie-Daniels qualified because of "continuing concerns about the judge’s temperament and knowledge of the law." However, the CCL reports that she's now assigned to traffic and ordinance violation cases, which have minimal need for a deep knowledge of law. And in contrast to the CBA's concerns about her temperament, the CCL reports that Eadie-Daniels takes her responsibility towards
pro se litigants (non-lawyers representing themselves) seriously.
Vote: YES
- Joyce Marie Murphy Gorman, opposed by the CCL
The CCL's report has a lot of positive things to say about Murphy Gorman: she is knowledgeable, good at managing a courtroom, and treats
pro se litigants well. Their opposition to her is entirely based on concerns that she can be "short" with people and lets lawyers get under her skin. This seems like lawyerly sensitivity, not cause for voting Murphy Gorman out of office. That's especially true since the CBA says she has a "fine judicial temperament."
Vote: YES
- Pamela E. Hill-Veal, opposed by the Tribune, CBA, and CCL
Hill-Veal is the second judge to get unanimous opposition from these three organizations. She failed to cooperate with the CBA or CCL, which is (as the Tribune puts it) "a signal she's counting on clout, not voters, to keep her on the bench." On top of that, the Tribune reports that Hill-Veal has been reprimanded for improperly jailing a lawyer and has even been recommended for anger-management counseling.
Vote: NO
- Gloria Chevere, opposed by the Tribune, CBA, and CCL
Chevere is the last judge opposed by any of the organizations, and is also the third to be opposed by all three of them. There are no extremely dramatic issues with Chevere, just a lot of minor issues that add up to a compelling case against retention: she often leaves work early; she doesn't read pleadings carefully enough before ruling (which makes her rulings erratic), and she issues unnecessary arrest warrants for defendants who are merely late to court.
Vote: NO
Summary: I recommend voting against retention for the following judges:
- Cynthia Brim
- Christopher Donnelly
- James Egan
- Lisa Ruble Murphy
- Pamela E. Hill-Veal
- Gloria Chevere
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