Thursday, October 13, 2016

The Robe

The Illinois Administrator has swiftly filed charges in a much-publicized matter for an attorney's alleged

(Dishonesty as a result of handling cases on a judge’s call while dressed in judicial robes and seated on the judge’s chair behind the bench)

Remarkably, the charges involved an incident took occurred that took place only two months ago. I'd venture there are few places where charges ever go forward so swiftly.

The particulars

1. From August 2011 to August 2016, Respondent was employed as a Law Clerk/Staff Attorney for Office of the Chief Judge of the Circuit Court of Cook County. From August 2011 until May 2015, Respondent worked at the Daley Center Courthouse and was responsible for research and writing assignments given to her by Chief Judge Timothy Evans. In May 2015, Respondent was transferred to the Markham Courthouse in the Sixth Municipal District ("Markham"), where she maintained her position as Law Clerk/Staff Attorney and was responsible for research and writing assignments given to her by any of the judges at Markham. Judge Marjorie Laws ("Judge Laws"), the presiding judge in Markham, was Respondent’s supervisor at Markham.

2. At no time has Respondent held the office of Judge or Associate Judge in Illinois pursuant to Article VI of the 1970 Illinois Constitution. As a result, at no time was Respondent authorized to act as a Judge or Associate Judge in a Circuit Court of this State of Illinois.

3. In March 2016, Respondent won the primary election for the office of judge in the Circuit Court of Cook County, First Judicial Subcircuit. Respondent is currently unopposed on the general election ballot for November 2016. Subsequent to winning the primary election, Respondent began observing judges at Markham during their court calls in preparation for the likely possibility that she would be elected to the office of judge in November 2016.

4. On August 11, 2016, Judge Valarie Turner ("Judge Turner") was assigned to Courtroom 098 in Markham ("Courtroom 098") for court calls scheduled to begin at 9:00 a.m., 10:30 a.m., and 1:00 p.m. On August 11, each of the three court calls involved traffic tickets that had been issued in the Village of Dolton. The Village of Dolton prosecutor working in Courtroom 098 that day was Luciano Panici, Jr. ("Panici, Jr.").

5. On August 11, 2016, at approximately 9:00 a.m., Respondent was seated in the witness box to the left of the judge’s bench in Courtroom 098. Shortly thereafter, Judge Turner entered Courtroom 098 wearing her judicial robe, took the bench, and began the 9:00 a.m. call. Respondent remained seated in the witness box throughout the 9:00 a.m. and 10:30 a.m. calls, between which there was no recess.

6. At approximately 12:00 p.m., the court recessed for lunch. At that time, Judge Turner introduced Respondent to Panici, Jr. and asked, "Have you met Judge Crawford?" Respondent did not correct Judge Turner’s statement that she was a judge. Panici, Jr. introduced himself to Respondent and left Courtroom 098.

7. Judge Turner’s statement that Respondent was a judge in paragraph six, above, was false because Respondent was not a judge on August 11, 2016, nor has she ever been a judge.

8. Respondent knew that Judge Turner’s statement in paragraph six, above, was false because she knew she was not a judge. Respondent’s failure to correct Judge Turner’s statement in paragraph six, above, was dishonest and misleading.

9. At approximately 1:00 p.m., Panici, Jr. returned to Courtroom 098 for the afternoon call beginning at 1:00 p.m. At that time, Officer Derrell White also arrived at Courtroom 098 for the afternoon call. Officer White sat in a chair in a row of chairs located to the left of and slightly behind the witness box. Respondent again sat in the witness box to the left of the judge’s bench. Judge Turner began the afternoon call at approximately 1:00 p.m.

10. At some time near the end of the 1:00 p.m. call, Judge Turner announced to the people in Courtroom 098, "We’re going to switch judges" and gave her judicial robe to Respondent. Respondent did not correct Judge Turner’s reference to her as a judge and put on Judge Turner’s robe in plain view of the people in Courtroom 098.

11. Judge Turner’s reference to Respondent as a judge in paragraph ten, above, was false because Respondent was not a judge on August 11, 2016, nor has she ever been a judge.

12. At the time Judge Turner referred to Respondent as a judge in paragraph ten, above, Respondent knew Judge Turner’s statement was false because she knew she was not a judge. Respondent’s failure to correct Judge Turner’s reference to her as a judge in front of the people in Courtroom 098 was dishonest and misleading.

13. After putting on Judge Turner’s robe, Respondent sat down on the bench and began purporting to preside over at least three cases on the 1:00 p.m. call. Judge Turner stood behind Respondent.

14. As a result of Judge Turner’s previous introduction of Respondent, at the time Respondent put on Judge Turner’s robe and began purporting to preside over cases, Panici Jr. believed Respondent was a judge.

15. After Respondent had put on Judge Turner’s robe and sat on the bench, the court clerk called the case of defendant Maliq Giles ("Giles"), ticket YE-334-458. At Giles’ request, Respondent purported to continue the matter until October 26, 2016. Respondent reflected her purported decision by writing "MD 10-26-16" on the back of ticket YE-334-458.

16. After Giles’ matter, the court clerk called the case of defendant Angel LaSalle ("LaSalle"), ticket YE-334-458. When LaSalle stepped up to the bench, Respondent said to LaSalle, "Officer is not in court." Panici, Jr. then made a motion to continue the matter. Respondent turned to Judge Turner and asked, "Can I deny his motion?" Judge Turner replied, "Yes, you can deny the motion" and Respondent purported to deny the motion. Panici, Jr. then made a motion to non-suit the matter, which Respondent purported to grant. Respondent then reflected her purported decision by writing "ONIC" (Officer Not In Court) and "MCNS" (Motion City Non-Suit) on the back of ticket YE-334-458.

17. At some point while Respondent was wearing Judge Turner’s robe and seated on the bench, she called the case of defendant Kendrah Blackshear ("Blackshear"), ticket YE-250-620. Blackshear stepped up to the bench before Respondent and presented a valid driver’s license. Panici, Jr. made a motion to non-suit the matter and Respondent purported to grant the motion.

18. At the time Blackshear stepped up in front of Respondent, described in paragraph 17, above, Blackshear believed Respondent was a judge as a result of the facts that Respondent was wearing a judicial robe, sitting behind the bench in the Judge’s chair, and presiding over cases being called by the clerk.

19. After the 1:00 p.m. call concluded, Respondent returned Judge Turner’s judicial robe to her. At that time, Officer White approached Respondent to congratulate her on her judgeship. Officer White asked Respondent if she would be assigned to Markham and Respondent replied that she was in Markham now but would probably be assigned downtown.

20. Respondent’s statement to Officer White referenced in paragraph 19, above, was false and misleading because she was not a judge assigned to Markham on August 11, 2016.

21. Respondent knew that her statement to Officer White referenced in paragraph 19, above, was false and misleading because she knew she was not a judge assigned to Markham.

22. After being apprised of what had occurred, Judge Laws conducted an investigation of Respondent’s conduct. As a result of that investigation, Judge Laws placed all three tickets referred to in paragraphs 15-17, above, back on the court’s docket. On September 1, 2016, Judge Laws heard all three matters, tickets YE-334-458 (Giles), YE-334-458 (LaSalle), and YE-250-620 (Blackshear). Panici, Jr. was the prosecutor and motioned to non-suit each matter. Judge Laws granted the motions and dismissed the tickets nunc pro tunc to August 11, 2016.

The attorney also is charged with engaging in criminal conduct based on the above alleged facts and false statements in the investigation. (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2016/10/the-illinois-administrator-has-swiftly-filed-charges-in-a-much-publicized-matter-of.html

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