Judges' fates rest with voters
By Abdon Pallasch, Sun-Times Legal Affairs Reporter
Published November 01, 2004The votes for president, senator and Congress on Tuesday are just the hors d'oeuvres.
The meat of the ballot -- which in Cook County measures longer than any other ballot in the entire United States -- is the judges.
Every two years, voters get the chance to pass judgment on groups of the robe-wearing women and men who, at times, make life-or-death decisions for $150,000 a year. This year Cook voters will say "yes" or "no" to 74 judges running for retention and 21 lawyers running to become judges for the first time.
A dozen lawyers' groups interviewed attorneys who practice in judges' courtrooms to give the public their takes on which are fit to stay. The bar groups, including those representing African-American, Hispanic, Jewish and women lawyers, unanimously found 63 of the judges qualified.
They also unanimously found two judges unqualified. One is Dorothy F. Jones, who has consistently gotten bad marks from bar groups over the years. She lacks legal skills, is indecisive and demonstrates poor judicial temperament, the Chicago Council of Lawyers found.
Also found unanimously unqualified was Susan Jeanine McDunn, who "does not appear to understand the proper application of the rules of evidence" and lacks legal knowledge and ability, according to the Chicago Bar Association.
Adoption controversy
A particular case involving McDunn stands out for the bar groups. She refused to approve two uncontested adoptions by lesbian couples because she believed state law required her to hold a hearing on the children's "best interests." She also appointed a Washington, D.C., group opposed to gay rights to argue in the cases.
Her presiding judge overruled her, approved the cases and demoted McDunn to Traffic Court. McDunn felt her presiding judge had no authority to overrule her, so she reclaimed the case files, voided his orders and prepared to continue handling the cases from Traffic Court.
The appellate court overruled McDunn in harsh terms, and the Judicial Inquiry Board filed charges against her. But the Illinois Courts Commission cleared her, saying she made no explicit statement of bias against gays.
McDunn said all the other Cook County judges approving adoptions by same-sex couples without adversary hearings are violating the law -- not her.
Other judges on the hot seat
Among other judges one or more bar groups recommends a "no" vote on:
- William O'Neal does not always follow the law and has problems with patience and temperament, according to the Chicago Council of Lawyers. The Chicago Bar Association says he lacks legal knowledge.
- Edna Turkington's "judicial temperament too often is unprofessional," according to the Chicago Council of Lawyers. The Suburban Bar Coalition also recommends a "no" vote on her.
- Leida Gonzalez Santiago has an "apparent unwillingness to try cases," according to the Chicago Council of Lawyers. "She sometimes makes inappropriate faces or gestures as commentary on the perceived credibility [or lack thereof] of particular witness' testimony," the council said. Santiago is married to former Ald. Miguel Santiago, who was acquitted of ghost payrolling in 1999.
- Arnette Hubbard can't handle the job of judging, the council said. The Suburban Bar Coalition also recommends a "no" for Hubbard, who is divorced from former Ald. Fred Hubbard, convicted 32 years ago of embezzling $100,000 in anti-poverty funds.
- Dennis James Morrisey has problems with "punctuality and his ability to rule and render decisions in a timely manner," the Chicago Bar Association said. The state Supreme Court once had to order the judge to make a decision, the bar association said.
More than just retention
In addition to the retention election, there is one contested countywide race for judge and three contested races in the suburban judicial subcircuits.
In the countywide race, Demo-crat Michelle Jordan, a former Environmental Protection Agency official, is "well qualified," while her opponent, Republican John Joseph Coyne, is found not qualified by all bar groups.
In the South Suburban 15th Subcircuit, Democrat Jim Ryan, a top aide to Cook County Sheriff Michael Sheahan, is rated unqualified by all the bar groups.
A grand jury investigation of beatings at the Cook County Jail said: "Ryan interferes with the operation of the jail, interferes in promotions, and gives orders or countermands orders that are inimical to the proper operation of the jail. It has been said that Ryan doesn't listen, is belligerent, and has no expertise in corrections."
Ryan's opponent, Republican Catherine Sanders, was at times "overzealous and aggressive" as a prosecutor, the council said, but it still found her qualified, as did all the other bar groups except the African-American Cook County Bar Association.
In the West Suburban 4th Subcircuit, Republican former John Wayne Gacy prosecutor William Kunkle is unanimously found qualified, while Democrat Deirdre Ann McGuire is found unqualified by all bar groups, save the Suburban Bar Coalition.
In the North Suburban 12th Subcircuit, Republican Kay Marie Hanlon is rated qualified by all the bar groups while Democrat Ellen Flannigan is rated unqualified.
The Sun-Times will run bar ratings on Election Day. More details can be found at www.chicagobar.org and www.chicagocouncil.org.
© 2004 Digital Chicago, Inc.
