Wednesday, September 24, 2014

Chicago Council of Lawyers finds 18 retention candidates "Well Qualified" for retention; the Council rates Judge Michael Toomin "Highly Qualified"

The Chicago Council of Lawyers has issued explanations for its ratings of Cook County judges seeking retention in November. The Council's complete ratings will be available shortly on VoteforJudges.org; the Council's ratings of retention candidates, stripped down to their Yes-No essence, can be viewed, along with those of all the other Alliance members, in the post below.

Nearly all of the 70-plus jurists seeking retention in Cook County were rated Qualified or better by the Council. The CCL found only one judge, Judge Ann O'Donnell, "Not Qualified" for retention. We will return to this in a separate post.

The big news here, however, at least in my reading, is that, not only did the Council find so many judges seeking retention to be Qualified, but that the Council bestowed "Well Qualified" ratings on 18 retention candidates.

Moreover, the Council singled out Judge Michael Philip Toomin as "Highly Qualified" for retention. Of Judge Toomin, the Council stated:
Judge Michael Philip Toomin --- Highly Qualified
Prior to becoming a judge, Michael Toomin was in private practice. He also served as an Assistant Public Defender for Cook County. Judge Toomin is currently sitting at the Juvenile Justice Division as a Presiding Judge. He was elected to the First Municipal District in 1980. His previous judicial assignments included the Appellate Court of Illinois, the Criminal Division of the Circuit Court of Cook County, and the Second Municipal District of the Circuit Court of Cook County. Judge Toomin authored “Second Degree Murder and Attempted Murder: CLEAR’s Efforts to Maneuver the Slippery Slope” for the John Marshall Law Review. Judge Toomin is widely respected as an excellent judge and administrator. He has very good legal ability and temperament – both on the bench and as an administrator off the bench. He is praised for being exceptionally hard-working. As a judge, his rulings are considered well-reasoned and decisive. The Council finds him Highly Qualified for retention.
The Council rated Justice Thomas E. Hoffman, the one elected Appellate Court Justice seeking retention this year, "Well Qualified." Of Justice Hoffman, the CCL said:
Justice Thomas E. Hoffman --- Well Qualified
Prior to becoming a judge, Justice Thomas Hoffman worked as an Assistant Corporation Counsel for the Chicago Department of Law and as an attorney in the private sector. Currently Justice dge Hoffman serves on the Illinois Appellate Court for the First District, where he has worked since 1993. Prior to joining the Appellate Court in 1993, Justice Hoffman served in the Law Division. Justice Hoffman is highly praised for his excellent knowledge of the law and for the quality of his written opinions. He is respected as a mentor for other judges. He is also praised for his work ethic – he is described generally as being always well-prepared. The Council finds him Well Qualified for retention to the Appellate Court.
Here are the Council's explanations for the "Well Qualified" ratings it bestowed on 16 other Circuit Court judges seeking retention:
Judge Andrew Berman --- Well Qualified
Prior to becoming a judge, Andrew Berman was an Assistant Cook County Public Defender from 1979 to 1996. Beforehand, he was an assistant appellate defender for four years. Judge Berman has been assigned since 2007 to the Juvenile Justice Division. Judge Berman has also served in the Chancery Division. Judge Berman is considered to have very good legal ability and is widely respected for his legal knowledge. He serves as a mentor to other judges and serves as the acting Presiding Judge when Presiding Judge Toomin is unavailable. He is especially praised for his professionalism. His temperament is considered to be excellent and he is praised for the way he manages his courtroom. His rulings are considered to be well-reasoned and he spends the necessary time explaining his rulings to the parties appearing before him. He is active in court reform efforts. The Council finds him Well Qualified for retention.

Judge Eileen Brewer --- Well Qualified
Prior to becoming a judge, Eileen Brewer was the Chief Counsel to County Board President, John H. Stroger. From 1988 to 1994, Judge Brewer served as the Assistant Corporation Counsel for the City of Chicago. Before that, she worked for a year as an associate attorney at Jenner & Block. Judge Brewer was elected to the bench in 2002 and is currently sitting as a motion judge in the Law Division. She spent much of her judicial career in the Domestic Relations Division. Judge Brewer is considered to have very good legal ability and temperament. Practitioners report that she has successfully made the transition from the Domestic Relations Division to the motion call in the Law Division. She is praised for her court management skills and is reported fair to all parties. The Council finds her Well Qualified for retention.

Judge Clayton J. Crane --- Well Qualified
Prior to becoming a judge, Clayton J. Crane was in private practice. He has also served as an Assistant State’s Attorney for Cook County. Judge Crane is currently sitting at the Criminal Division. He was first assigned to the Criminal Division in 1998. Judge Crane is praised as an excellent jurist by both prosecutors and defense counsel. He is considered to be fair to all parties, and to have very good legal ability and temperament. He has been involved in the development of specialty courts and other reform efforts in the Criminal Division. The Council finds him Well Qualified for retention.

Judge Candace J. Fabri --- Well Qualified
Prior to becoming a judge, Candace J. Fabri was in private practice. She also served as an Assistant United States Attorney for the Northern District of Illinois for nine years. Judge Fabri has taught at Loyola University School of Law and clerked for a district judge in the Northern District of Illinois. Judge Fabri has been sitting at the Child Protection Division of the Juvenile Court since 1996. She is also presiding judge for the Family Treatment Court, where a judge, the lawyers, addiction specialists work with families where drug addiction has prevented reunification of a family. Judge Fabri is considered to have very good legal ability. She is praised for the quality and timeliness of her evidentiary rulings. Many respondents praised her opinions as “excellent” and “painstakingly thorough.” She is also praised for her ability to handle a high volume courtroom. During this current evaluation, all respondents described her temperament as “very professional”, “low key”, “respectful” and/or “effective.” Some respondents noted that she can be sharp with lawyers and caseworkers she believes are not prepared. She is often described as caring deeply for children and parents appearing in her courtroom. The Council finds her Well Qualified for retention.

Judge James P. Flannery Jr. --- Well Qualified
Prior to becoming a judge, James P. Flannery worked as assistant corporation counsel in municipal and federal litigation for the City of Chicago until 1980, when he was hired as an associate attorney for Murphy, Preston & Jaffe. Judge Flannery worked in corporate, real estate, and labor law for two years before establishing a general practice as an associate at John T. Mitchell & associates. In 1984 Flannery worked as a solo practitioner maintaining his general practice before being hired as chief assistant attorney general where he was assigned to the Land Acquisition division in 1985.

Judge Flannery’s current assignment is Presiding Judge of the Law Division, where he has served since January, 2014 and supervised approximately 50 judges in the Law Division. His administrative duties include handling assignment and motion calls, as well as hearing contested motions involving the Law Jury section, Motion section, Commercial section, Tax and Miscellaneous section, and Individual calendar section of the Law Division of the Circuit Court. Previous judicial assignments include an assignment to the Law Division, Jury Section in 1997, where he presided over jury trials primarily involving personal injury and commercial cases. Before that, Judge Flannery spent 5 years assigned to the Criminal Division of the Circuit Court of Cook County where he heard every type of felony case,
including death penalty cases, with as many as 300 cases on his docket at any given time.

Judge Flannery is considered to have very good legal ability and an excellent knowledge of the law. He is praised for his legal analysis of often complex issues and is reported to serve as a mentor to many other judges. He is also praised for his fairness and integrity – some respondents noted that he is willing to reconsider a ruling if sufficiently persuaded. He has an excellent demeanor and many respondents noted that he treats all parties fairly while having a calm yet effective temperament. He is reported to be exceptionally hard-working and many respondents noted that he is always prepared for court proceedings. The Council finds him Well Qualified for retention.

Judge Rodolfo Garcia --- Well Qualified
Justice Rodolfo Garcia was appointed to the Illinois Appellate Court in 2003 and served there until 2012. He is now assigned to the Chancery Division. He was elected to the Circuit Court in 1996. From 1983 to 1996, Judge Garcia worked as a sole practitioner with concentrations in criminal defense and immigration. From 1981 to 1983, he worked as an Assistant Illinois Attorney General in the Criminal Appeals Division. In March 2011, he was appointed to fill the elected spot of retiring Appellate Court Judge Michael J. Gallagher.

As an Appellate Court Judge, Judge Garcia was praised for being well-prepared for oral argument and for issuing well-reasoned, well-written opinions. As a trial judge, he is considered to have very good legal ability and temperament. The Council found him Well Qualified for the Appellate Court during the 2012 primary election. He is also an excellent trial judge. The Council finds him Well Qualified for retention to the Circuit Court.

Justice Robert E. Gordon --- Well Qualified
Prior to becoming a judge, Robert Gordon spent 5 years working as an Associate Partner doing Insurance Defense work at Gordon & Brustin, followed by 10 years as a Partner and Insurance Defense litigator for Gordon Brustin. He then spent another 5 years as a Partner at Gordon, Schaefer, & Gordon, Ltd. where he represented both plaintiffs and defendants in litigation. Gordon then became President of Gordon & Gordon, Ltd. where he spent 15 years in General Litigation.

Justice Gordon is currently a Circuit Court judge sitting by appointment by the Illinois Supreme Court to the Illinois Appellate Court, First District since 2005. Justice Gordon is presiding judge of the Fifth Division and was previously presiding judge of the Sixth Division. Prior judicial assignments also included presiding over jury cases as a Jury trial Judge in the Law Division at Richard Daley Center, and presiding as a Jury Trial judge in the Municipal Division. He reports that he is currently working on a textbook on evidence which has yet to be published. Additionally Judge Gordon is a member of the
Appellate Court Administrative Committee.

Justice Gordon is considered to be a highly knowledgeable Appellate Court Justice who is praised for the quality of his written opinions and for the quality of his questioning during oral argument. He is considered to be exceptionally hard-working and prepared. He was also praised as an excellent trial judge before 2005. The Council finds him Well Qualified for retention to the Circuit Court.

Justice Michael Hyman --- Well Qualified
Justice Hyman was assigned to the First Judicial District of the Illinois Appellate Court effective January 2013. He was appointed to the Circuit Court in 2006 after being respected private sector practitioner since 1979. Justice Hyman is a former president of the Chicago Bar Association and the Decalogue Society of Lawyers, and former chair of the Bench and bar Section of the Illinois State Bar Association. He has published numerous articles on legal issues. As a trial judge, Justice Hyman was reported to have very good legal ability and temperament. He was praised for the quality of his written opinions and for his ability to thoughtfully bring about fair settlements. He was and continues to be well-respected for his dedication to improving the judicial system. As an Appellate Court Justice, he continues to be praised for his work ethic and for the quality of his written opinions. He is reported to be well-prepared. The Council finds him Well Qualified for retention to the Circuit Court.

Judge Marilyn Johnson --- Well Qualified
Prior to becoming a judge, Marilyn Johnson worked as a staff attorney for the Legal Assistance Foundation in Chicago providing civil representation of indigent clients. She then worked for a year is Chief Assistant Corporation Counsel for the City of Chicago, Department of Law, followed by nine years as Deputy Corporation Counsel in the same department. Between November 1994 and December 1995 Johnson worked as General Counsel for the Chicago Housing Authority, before becoming General Counsel for the Chicago Board of Education. In March, 2003 she began working as Chief of Staff for the Illinois State Toll highway Authority in a managerial/administrative capacity until 2006.

Judge Johnson is assigned to the Child Protection Division of the Cook County Court, where she has served since 2006. Judge Johnson is widely praised for being a hard-working jurist who is very knowledgeable. She has very good legal ability, as demonstrated by both her performance as a judges and in the wide array of professional positions she held before becoming a judge. She is praised for combining her legal knowledge with common sense – a combination praised by practitioners. Her opinions are considered well-reasoned. The Council finds her Well Qualified for retention.

Judge Themis Karnezis --- Well Qualified
Prior to becoming a judge, Themis Karnezis worked as a lawyer in criminal, workers’ compensation and real estate tax matters. He then served as an Associate Judge and, later as a Circuit Judge. From 1983 to 1998 he was assigned to the Criminal Division. He then went to the Law Division, and became the Presiding Judge of the Fourth Municipal District in 1999. He was appointed to the Illinois Appellate Court in 2002 and served there until 2012. Judge Karnezis then served as Supervising Judge at the Traffic Center. In 2014, he was transferred to the Law Division. Judge Karnezis has been regarded as one of the Circuit Court’s best trial judges and was considered an excellent Appellate Justice, as well. He has outstanding legal knowledge, integrity, temperament, and diligence. He serves as a mentor to practitioners and to other judges. Some lawyers are reporting that recently Judge Karnezis has been having difficulty with stamina, but the Council notes that for most of his career Judge Karnezis has been an outstanding jurist. The Council finds him Well Qualified for retention based on the totality of his career.

Judge William G. Lacy --- Well Qualified
Prior to becoming a judge, William G. Lacy spent six and a half years as an Assistant Cook County State’s Attorney, two years as an associate doing personal injury defense work for Fidelity National Law Group, and nearly five years as a partner at Tressler LLP doing insurance defense work. He was elected to the bench in 1996. Currently, Judge Lacy is assigned to the Criminal Division, Courtroom 604 where he has served since 2001. His previous judicial duties include an initial assignment to the 1st Municipal District, followed by three years as an evening narcotics judge, before being assigned as a back-up judge in the criminal division. Judge Lacy is considered to have good legal ability and exhibits a professional demeanor on the bench. He is respectful of all parties. He is praised for his decisiveness and is well regarded as a jurist. The Council finds him Well Qualified for retention.

Judge Marjorie Laws --- Well Qualified
Prior to becoming a judge, Marjorie Laws worked as an Assistant Cook County State’s Attorney. She did criminal litigation in the Public Interest Bureau doing Child Support Enforcement and Consumer Fraud cases; she worked as a trial assistant in the First Municipal District, followed by six years in the Felony Trial Division. Earlier in her career Judge Laws was a title examiner for the Chicago Title and Trust Company and was a partner at Cunningham and Cunningham where her practice primarily engaged in civil litigation with an emphasis on corporate, real estate, and domestic relations law.

Judge Laws is currently the Presiding Judge of the Sixth Municipal District. Her previous judicial duties include eight years assigned to the Criminal Division at 26th and California handling a felony caseload. Before becoming a presiding judge she spent several years assigned to the First Municipal District and to the Juvenile Justice Division. Judge Laws is considered to have very good legal ability and is respected as both a trial judge and as an administrator. As a judge, she is reported to be well prepared and to treat all parties fairly and respectfully. She is praised for her courtroom management skills. As an administrator, she has worked to improve the Sixth Municipal District, including working to improve the quality of the judiciary. She has worked to establish programs designed to improve access to justice. The Council finds her Well Qualified for retention.

Judge Pamela Loza --- Well Qualified
Prior to becoming a judge, Pamela Loza was a partner at Loza & Associates, Ltd., where handled mostly divorce and criminal cases in numerous counties in Illinois. She also spent time as partner at Cameron, Loza & Associates and Cameron, Loza and Walsh, P.C. from 1987-2002 and 1984-1987 respectively. As an associate at Marder & Seidler Ltd. she practiced in divorce and criminal court after four years working as a Cook County assistant state’s attorney.

Currently Judge Loza is supervising judge in the Parentage/Child Support Enforcement Department of the Domestic Relations Division. She is responsible for day to day operation of the department and its numerous personnel, and has her own daily status and trial calls. Previous judicial service includes a year as a judge in traffic court and four years as a trial judge in the domestic relations division from 2009 - 2012. Judge Loza is considered to have very good legal ability and is described as being very knowledgeable about the law. Most lawyers say she has good temperament – exhibiting patience that respondents tell us is necessary in her current assignment. She is praised for being able to manage a high volume courtroom. She is considered to be well-prepared and is respectful of the parties before her. She has participated in major efforts to bring about systemic reform of the Domestic Relations Division. The Council finds her Well Qualified for the Circuit Court.

Judge Patricia Martin --- Well Qualified
Prior to becoming a judge, Patricia Martin was a career Assistant Cook County Public Defender. She was elected to the bench in 1996. She served in the Child Protection Division through July 1998, when she was transferred to the Law Division. She returned to the Child Protection Division as Presiding Judge in January 2000. She has been instrumental in creating new approaches to juvenile justice. She teaches and lectures extensively on representation of minorities in foster care, educational outcomes for children in foster care, and mediation in child protection cases. Respondents with experience with Judge Martin as a trial judge reported that she has a very good grasp of the law and that she controlled the courtroom well. Respondents with knowledge of her abilities as a presiding judge praised her administrative abilities and many praised her innovations and her training of judges. The Council finds her Well Qualified for retention.

Judge Mary Ann Mason --- Well Qualified
Justice Mary Anne Mason was appointed to the Illinois Appellate Court in July 2013. She was appointed to the Circuit by the Illinois Supreme Court in 2000, and was elected to the Circuit Court in 2002. After serving in the Traffic Division, she served for two years in the Juvenile Justice Section. From July 2003 to July 2013 she was assigned to the Chancery Division presiding over cases involving injunctive relief, declaratory judgments, administrative reviews, partnership and corporate disputes, trust construction, and restrictive covenants. Before taking the bench, she worked in the Civil Division of the U.S. Attorney’s Office and worked for Kevin M. Forde, Ltd (now the Forde Law Offices) doing commercial litigation and appeals. Before going on the bench, she had extensive experience in complex litigation and appellate matters.

Justice Mason has been hearing cases as an Appellate Justice for about a year. Lawyers report generally that she is well-prepared and is active during oral argument. Respondents who have received written opinions say her opinions are well-reasoned and well-written. As a judge in the Chancery Division, she was reported to have very good legal ability and temperament. Many respondents commented on their impression that she understood even complex issues. Off the bench, Justice Mason has lectured widely on issues considered in the Chancery Division. She reports that she prepares materials for the Judicial Conference. She also reports that as chair of the Illinois Supreme Court Committee on Discovery Procedures, she participated in preparing a report to the Illinois Supreme Court “regarding the status of e-discovery rules nationwide.” The Council finds her Well Qualified for retention.

Judge Sebastian Patti --- Well Qualified
Prior to becoming a judge, Sebastian Thomas Patti was Assistant Regional Counsel at the US Environmental Protection Agency and practiced federal civil environmental enforcement litigation from 1979-1995. Judge Patti is currently the presiding judge of the Domestic Violence Division of the Circuit Court of Cook County. Judge Patti previously sat at the Chancery Division from 2010 to 2011, and then as appointed to the First Division Appellate Court from 2009 to 2010. He served as the supervising judge of the Housing Court between 1999 and 2009. Judge Patti was first appointed to the bench by the Illinois Supreme Court in 1995. Judge Patti is considered to have very good legal ability and a dedication to improving the administration of justice. He is considered to be exceptionally knowledgeable about the law and has an excellent temperament. He serves as a mentor to other judges. The Council finds him Well Qualified for retention.

Judge Shelley Sutker-Dermer --- Well Qualified
Prior to becoming a judge, Shelley Sutker-Dermer served as an Assistant Cook County State’s Attorney. Judge Sutker-Dermer is currently the Presiding Judge of the Second Municipal District. Judge Sutker-Dermer was appointed to the bench in 1995 and was elected in 1996. Judge Sutker-Dermer is considered to have very good legal ability and is well respected by respondents as doing an excellent job as Presiding Judge. She is part of the new judges training program, as well as other court reform initiatives. Lawyers report that it is their perception that the Skokie Courthouse (Second Municipal District) runs efficiently. She also has a court call and is praised for her temperament and her courtroom management. The Council finds her Well Qualified for retention.

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