A textbook case, if textbooks were any good
Monday, Sep 21, 2009 - Posted by Rich Miller
* You just don’t see newspaper stories like this any more. Heck, you rarely saw ‘em in the alleged “good ol’ days.” Abdon Pallasch has written a marvelous piece about the slating process of Cook County judges that is as entertaining as it is in-depth - meaning it’s long. It’ll take you a while to get through it, but you really should if you want to learn more about what really goes on in that county. I hope he wins a big prize for this story.
One of my favorite parts…
With a slight Jamaican accent, Pauel describes her unique background: “I was born and raised in Jamaica, I happen to have mixed-race parentage. My mother is half black and half Chinese. My father is a Dutchman who adopted my sister who is half Venezuelan, so we really are a little bit of a melting pot just in our own home.”
And she’s gay.
One committeeman calls her a “four-fer.” She’ll have little problem getting slated.
By all means, go read the whole thing. And if you know anybody who is studying politics in school, make sure to send this link to him or her.
* Related…
* Stroger Says Subpoena Won’t Change Anything: They’re just subpoenas. They don’t mean anything unless we find out.
* Subpoena leak irks Stroger
* Jesse Jackson Jr.’s World of Woe
* Jackson hits new low, makes ‘Most Corrupt’ list
* Rush to Introduce Law in Response to Burr Oak Cemetery
* Rush to unveil cemetery regulations
* Lake County briefs
- Insider - Monday, Sep 21, 09 @ 9:48 am:
I was stunned by the column. But as bad a picture it paints the reality is even worse. Slating a candidate for the appellate court who doesn’t even submit her credentials to the CBA for their evaluation? Slating candidates who are found not recommended by the CBA?
The process is truly shameful. You try a case in front of a clouted judge who makes elementary errors and then you go up in front of an appeals panel who know even less than the trial judge.
Forget about investigating clout for students at Whitney or the U of I, at least those people will have to work to get their degrees and then enter the job market. The clout at the judicial level is handing out careers to the undeserving who then have the final say in crucial issues.
- VanillaMan - Monday, Sep 21, 09 @ 9:49 am:
If enough people read this, there will be a demand again for appointing judges, instead of electing them.
Folks just don’t understand this federalized system, do they?
- Amalia - Monday, Sep 21, 09 @ 10:00 am:
the system is broken in so many ways. actually, some of the
folks who get slated are really good lawyers. but they get
tainted by the process and by others who are totally unworthy,
the poor lawyers and the scheming committeemen.
i’m very supportive of women in politics, but, the voting for the three named women, mainly irish last names, is totally
irresponsible.
but, there is some insider politics in the bar associations. the one good filter for this is the multiple bar evaluations. the
Sun Times performs a great public service by publishing
the entire chart of bar evaluations. in the last election there
was a suburban bar candidate approved by the CBA but
who got thumbs down from all but one other group. she
lost. maybe voters do pay attention. until some merit
system is designed, the Sun Times chart needs to be
in every voter’s hand.
- fedup dem - Monday, Sep 21, 09 @ 10:05 am:
Rich, your link to the Lake County briefs article seems to be non-functional.
- The Doc - Monday, Sep 21, 09 @ 10:09 am:
And the penultimate paragraph is the kicker:
==Any attempts to replace the current system with an appointive “merit selection” system like many other states have have been squashed by Illinois political leaders, who are loathe to give up their power…==
Funny how most of this phrase could be attributed to so many other practices in Illinois.
- Anon - Monday, Sep 21, 09 @ 10:09 am:
VM,
Why do you think appointing judges in Illinois would get you that much better judges? A number of the slated judges were appointed to fill vacancies. When you have an Illinois SC justice married to the head of the judicial slating committee I’m not sure you’d get a much different group.
By the way, slating for judicial candidates only applies to countywide races. The party “endorses” candidates in subcircuits but they have a dismal record of winning. There are more subcircuit vacancies most years than there are countywide slates and most of those slots are won by non-endorsed candidates.
- OneMan - Monday, Sep 21, 09 @ 10:21 am:
Aonon,
You really think this system is better? Having Irish women stalking horses is a good way to pick judges?
- Thomas Westgard - Monday, Sep 21, 09 @ 10:24 am:
I can’t decide if it’s more disturbing that the committee chooses a judge for being a gay black Chinese immigrant woman, or if voters automatically vote en masse for Irish-surnamed women. What an asinine dance we are all doing.
- Honest Abe - Monday, Sep 21, 09 @ 10:34 am:
It is fairly disturbing to see Joe Berrios participating in the judicial slatemaking process. This protege of Alderman Thomas Keane was introduced to the political game when he sought to have a ticket fixed and ended up being assigned a precinct to work on election day. We’re still paying the price!
- Downstate - Monday, Sep 21, 09 @ 10:42 am:
My college roommate, an assitant states attorney, decided to run for Cook County judge several years ago. The slating meeting was like a drug deal. Despite my friends efforts, he couldn’t find out where and when the slating meeting was to take place.
A friend in the party, finally gave him the info. And he showed up….unannounced.
When he told the panel why he was there, one of the members delivered a classic line, “How the h*%% did you find out about this.”
He had less than 3 minutes to present his credentials. The other candidate didn’t even show. The committee asked him to leave the room, so they could decide. They called him back in, less than 15 seconds later to let him know he would not be slated.
- Dana Heupel - Monday, Sep 21, 09 @ 10:58 am:
For even more amazing anecdotes on the judicial slating process, see the excellent piece Abdon wrote for Illinois Issues in our March 2008 edition.
http://illinoisissues-archive.uis.edu/features/2008mar/judge.html
- Scooby - Monday, Sep 21, 09 @ 11:06 am:
If you think a process whose outcome is decided by all registered voters in one of the largest counties in the country is rigged, wait until you see how an appointment process would work.
- OneMan - Monday, Sep 21, 09 @ 11:14 am:
Scooby,
Lots of other places manage to do it just fine.
- wordslinger - Monday, Sep 21, 09 @ 11:27 am:
I generally vote no on the judges for retention because of the absurd length of the ballot.
But here in Cook County, do we really want Stroger appointing and the County Board approving?
- Scooby - Monday, Sep 21, 09 @ 11:27 am:
Really? It seems to me to be a “grass is always greener” argument. Take a look at this from the Illinois Issues article linked above:
As far as I can tell, here’s the scorecard:
Appointing Senators - BAD (the sky is falling?)
Electing Senators - GOOD democracy wins
Appointing Judges - GOOD
Electing Judges - BAD they must be appointed
- concerned member of the bar - Monday, Sep 21, 09 @ 11:42 am:
This is a wonderful article, but by the time “joe the plumber” goes to vote in Feb. it will go back to “what name looks good” or “eenie meanie miney moe”. PLEASE FOLLOW UP ON THIS….JIM RYAN COULD ACTUALLY WIN!!!!! This is not a joke anymore.
The Associate Judge race is currently in process in Cook COunty. Just like the vote for the Pope, (yes the Cathlic Pope) the ballots are allegedly destroyed before the vote totals are released. We wait for the white smoke to come up, (from fax machine)and the winners are announced. Candidates NEVER KNOW THEIR VOTE TOTALS. How’s that for a democracy.
Why doesn’t the Suntimes or any news agency file a FOIA request for the last five Associate Judge races in Cook County. The Illinois Supreme court will tell you “we don’t have them”. Cheif Judge Evans allegedly tells the candidates on the first day of campainging, “don’t bother to call if you loose, because we won’t tell you how close you were”.
But again, some how, some way, this final list always comes out politically perfect.
HELP!!!!!
- Just Observing - Monday, Sep 21, 09 @ 12:13 pm:
I thought the article was great, except I think Abdon exaggerates how often people change their name to Irish surnames. I know it has happened, but it really is a very small number (I only know of one candidate) — but to make it sound like this is a habitual practice is incorrect (I think).
- Amalia - Monday, Sep 21, 09 @ 1:46 pm:
concerned member of the bar brings up a very good point. the full circuits pick the junior members and that’s another insider game that’s a sham.
- Ghost - Monday, Sep 21, 09 @ 3:25 pm:
People raise this tuckus over judges…. yet no one is concerned that we let juries decide cases? 12 random people grabbed from off the streets; no training or expertise.
How about we go with professional jurors first and worry about judge selection later. After all, those verdicts tend to come from juries not judges
- Honest Abe - Monday, Sep 21, 09 @ 8:18 pm:
The reality is that judicial elections work better in the 101 counties outside of Chicago and Cook County. Downstaters actually vote on manageable ballots with fewer candidates pick and fewer judicial offices and vacancies to fill.
If many local offices, including alderman, are chosen on a non-partisan basis, why are judges required to run on a partisan basis?
- wordslinger - Monday, Sep 21, 09 @ 8:18 pm:
Ghost, watch the Yiddish.
No one, I’m certain, is raising a “tuckus,” thank goodness. A “ruckus” is something else.
- Bobs yer - Monday, Sep 21, 09 @ 9:40 pm:
Most of the Cook County judges I see are pretty good. Epstein, mentioned here, is OK.
Article says that not quite 50% of those slated are elected. So its not exactly a threat to our democracy. But no, its not the right way to do things. Who would want Ed Burke choosing judges for god’s sake. The fact that his wife is on the, no kidding, Supreme Court is a joke. Yes, that’s you Annie.
I’ve been amused at how many women only vote for women, regardless. And I’m a little guilty of the ‘irish name when you don’t really know’ deal myself. Nice to know that we’re actually serving democracy by doing so.
How pathetic that other women would engage in the CCD fraud voluntarily. All sorts of names for those sorts of people. And they earned it. Are your parents proud of what you do??
- Abdon - Monday, Sep 21, 09 @ 10:43 pm:
Concerned,
Every time I file a FOIA request with the courts, they argue they’re exempt from the state’s FIA law.
Just Observing,
Over the years I’ve written stories documenting at least 10 lawyers of other ethnicities changing their names to Irish ones to run for judge — often to no avail but sometimes it works. This is not counting those who take mother’s or grandmother’s names. After Frederick S. Rhine changed his name to Patrick M. O’Brien to run for judge two years ago, Fritchey introduced a bill to ban the practice and Blagojevich signed it.
From a 1998 story I wrote for Irish America and Chicago Lawyer magazines: In this year’s March 17 judicial primary election — yes, it was held on St. Patrick’s Day — the former Edwin H. Korb, an assistant public defender, ran as Edward K. Flanagan. The former Bonnie Carol McGrath, a Jewish solo practitioner married to an Irishman, ran as Bonnie Fitzgerald McGrath. Terrie Adrienne Rymer, a legal advocate for the Jewish Federation of Metropolitan Chicago, was running as Terrie Fitzgerald Rymer — until she was thrown off the ballot … In 1992 James G. Smith lost a countywide race for judge. In 1993 he changed his name to James G. Fitzgerald Smith. In 1994 he won.
- Anon - Monday, Sep 21, 09 @ 11:40 pm:
Thanks, Abdon.
Another great story in a long and pathetic series.
Merit selection won’t solve all of the problems. There will still be bar politics and other issues. But it would eliminate the bottom of the barrel.
The way it works in most states is a screening panel submits several names for each vacancy to the appointing authority — which could be the governor or the supreme court. The benefit is not in the appointment process. It’s in the screening panel getting rid of the worst.
And make no mistake, many of the Cook County judges are terrible. They are there, as Abdon has documented, because of their relationship to a ward committeeman or other powerful politician — sometimes family, sometimes political loyalty. Qualifications and ability are largely irrelevant.
It may all seem entertaining and the way the game is played when viewed as a distance. But if your divorce, or criminal case, or child custody case, or will dispute, for example, is heard by a judge with absolutely no clue, no temperament, etc., it suddenly stops being a game.
The best hope for changing the system was the 1970 constitutional convention, where merit selection was placed as a separate issue on the ballot. It passed Cook County, but lost downstate and failed overall. While some progress was made after Operations Greylord and Gambat revealed deep corruption in the Cook County judiciary, there wasn’t enough to pass it.
Until the next constitutional convention (whenever that will be), there will be no chance of its passage, unless we have more scandals and a governor who will go to the mat on the issue. I’m not holding my breath.
But I still appreciate Abdon’s stories giving the sliver of the public that reads the paper a glimmer of an idea of how bad it is.