Thursday, March 2, 2017

central kentucky lawyer referral service

central kentucky lawyer referral service

thank you so much for joiningus. us.i am h. wayne wilson. i am h. wayne wilson.we are pleased to have a we are pleased to have aconversation for next one half conversation for next one halfhour with the chief justice of hour with the chief justice ofthe supreme court of the state the supreme court of the stateof illinois, and he is thomas l of illinois, and he is thomas lkilbride. kilbride.you call the quad cities home?

you call the quad cities home?>> i do, rock island to be more >> i do, rock island to be morespecific. specific.>>you are chief justice for >>you are chief justice forthree year period of time. three year period of time.how far into that are we? how far into that are we?>> two years in another week or >> two years in another week orso. so.>>we will talk about cameras and >>we will talk about cameras andmics we will talk about the

mics we will talk about thetransparency of the court that transparency of the court thathas evolved under the chief has evolved under the chiefjustice. justice.first, i want to talk to him first, i want to talk to himabout you weren't a judge before about you weren't a judge beforeyou made the supreme court. you made the supreme court.of course, everyone knows you of course, everyone knows youare elected to the supreme are elected to the supremecourt.

court.in fact, i think it is 39 out of in fact, i think it is 39 out of50 states have elections for 50 states have elections fortheir justices. their justices.has not being a judge prior to has not being a judge prior tojoining the court in # think joining the court in # thinkbeen a hindrance, has it been a been a hindrance, has it been ahelp? help?either? either?>> i think that's a great

>> i think that's a greatquestion. question.i am not sure if i have a good i am not sure if i have a goodanswer for you. answer for you.i guess it depends on your point i guess it depends on your pointof view. of view.in one respect, it is helpful in in one respect, it is helpful inthe sense i came out of 20 years the sense i came out of 20 yearsof practice as an attorney of practice as an attorneyrepresenting clients, and i knew

representing clients, and i knewthat side of the courtroom that side of the courtroomvantage point, viewpoint. vantage point, viewpoint.frommed a strife stand point, frommed a strife stand point,from the things that impact from the things that impactlawyers in the community in lawyers in the community intheir practice, i came with a their practice, i came with afresh perspective out of that, fresh perspective out of that,having been someone in the having been someone in thecourtroom on a daily basis.

courtroom on a daily basis.i think that's an advantage. i think that's an advantage.but the other thing to keep in but the other thing to keep incontext or from a viewpoint on context or from a viewpoint onthis is there is not just one this is there is not just onejudge on the supreme court. judge on the supreme court.there are seven of us. there are seven of us.we all bring different we all bring differentadvantages and maybe advantages and maybedisadvantages, whoever we may be

disadvantages, whoever we may beon court. on court.so i think my perspective is so i think my perspective isjust one piece of the puzzle just one piece of the puzzlethat hopefully helps. that hopefully helps.>>i want to talk about >>i want to talk abouttransparency for a moment. transparency for a moment.we will talk about specific we will talk about specificprograms that you have initiated programs that you have initiatedor have continued, but, first,

or have continued, but, first,the courts, in my opinion, the the courts, in my opinion, thecourts traditionally have not courts traditionally have notbeen as open to the public as been as open to the public asyou would hope, the public would you would hope, the public wouldhope. hope.i don't mean they can't come i don't mean they can't comeinto the courtroom, it is just into the courtroom, it is justthat we have jobs and families that we have jobs and familiesbe and we can't go to the

be and we can't go to thecourtroom. courtroom.it doesn't seem like the court it doesn't seem like the courtsystem is that available to us. system is that available to us.why the push for transparency why the push for transparencyunder your chief justice tenure? under your chief justice tenure?>> well, it is something that is >> well, it is something that issort of evolved. sort of evolved.it seems to have arisen as it seems to have arisen asnatural evolution of things, and

natural evolution of things, andmaybe it is a question of the maybe it is a question of theright to opportunities and right to opportunities andtiming with colleagues who are timing with colleagues who areequally open to the idea. equally open to the idea.i am not able to really move any i am not able to really move anyproject or initiative at the project or initiative at thecourt unless i have got court unless i have gotconsensus among my colleagues. consensus among my colleagues.of course, each of us who serve

of course, each of us who serveas chief, have the privilege to as chief, have the privilege toraise projects, initiatives, and raise projects, initiatives, andthat just happens to be one of that just happens to be one ofthe categories i have raised. the categories i have raised.before we talk about those, we before we talk about those, weprobably should clarify what probably should clarify whatkinds of cases you hear. kinds of cases you hear.you just don't hear any kind of you just don't hear any kind ofcase.

case.there is constitutional ty there is constitutional tycases. cases.what else? what else?>> well, from the stand point of >> well, from the stand point ofa big picture, civil and a big picture, civil andcriminal cases across the board. criminal cases across the board.until the legislature abolished until the legislature abolishedthe death penalty in illinois, the death penalty in illinois,all the capital death penalty

all the capital death penaltycases automatically came to the cases automatically came to theillinois supreme court. illinois supreme court.rolling back the clock a bit, rolling back the clock a bit,before governor george ryan before governor george ryancommuted the sentences of a commuted the sentences of anumber of -- not a number, all number of -- not a number, allthe capital row defendants, all the capital row defendants, allthe cases were on our docket. the cases were on our docket.we probably had a full week's

we probably had a full week'sworth of cases that were death worth of cases that were deathpenalty relate, either direct penalty relate, either directappeals or what they call appeals or what they callpost-conviction appeals after post-conviction appeals afterthe first round of appeals. the first round of appeals.so all that has gone by the so all that has gone by thewayside. wayside.otherwise we take cases that otherwise we take cases thatpresent issues of first

present issues of firstimpression, never decide before impression, never decide beforein the state of illinois. we in the state of illinois. wetake cases that resolve take cases that resolveconflicts between one appellate conflicts between one appellatedistrict and another. district and another.there are five appellate there are five appellatedistricts in the state of districts in the state ofillinois. illinois.as you mentioned, questions of

as you mentioned, questions ofconstitutional ty. constitutional ty.for example, in the local judge for example, in the local judgehere in the tenth judicial here in the tenth judicialcircuit were to strike illinois circuit were to strike illinoisstate statute down as state statute down asunconstitutional, that case unconstitutional, that casewould automatically be appealed would automatically be appealedto our court among other kinds to our court among other kindsof cases.

of cases.>>let's talk about specific >>let's talk about specificprojects the supreme court has projects the supreme court hasbeen involved in or undertaken. been involved in or undertaken.you have e-business committee. you have e-business committee.can you explain the purpose can you explain the purposebehind that. behind that.i think it makes sense, talking i think it makes sense, talkingabout the internet. about the internet.>> right.

>> right.e-business is a fancy title e-business is a fancy titlethat -- maybe it is not that that -- maybe it is not thatfancy, but it is something came fancy, but it is something cameup with that the business of the up with that the business of thecourts that we need to get into courts that we need to get intothe electronic digital age to the electronic digital age tomake advantage of, to use the make advantage of, to use thebenefits of technology. benefits of technology.the primary most specific

the primary most specificexample is e-filing so that we example is e-filing so that wecan begin to move away from can begin to move away frompaper filings because the amount paper filings because the amountof money that taxpayers are of money that taxpayers arefunding for courts, whether it funding for courts, whether itis in the tenth judicial circuit is in the tenth judicial circuitor any circuit in -- or counties or any circuit in -- or countiesin the 102 counties in the state in the 102 counties in the stateof illinois pay a lot of money

of illinois pay a lot of moneyjust for to manage and hold and just for to manage and hold andstore all the paper that comes store all the paper that comesthrough the door filed by through the door filed bylitigants. litigants.the storage of it is tremendous. the storage of it is tremendous.the amount of money that it the amount of money that ittakes just to buy what they call takes just to buy what they callthe jackets, the file folder the jackets, the file folderthat the case file goes into,

that the case file goes into,that adds up as well. that adds up as well.so we are really focusing so we are really focusingprimarily at this point on primarily at this point one-filing of documents. e-filing of documents.but many of the circuits are but many of the circuits areinvolved in pilot projects, involved in pilot projects,e-guilty pleas. e-guilty pleas.we are also working in the arena we are also working in the arenaof more on a pilot basis what

of more on a pilot basis whatare called e-warrants where a are called e-warrants where ajudge can see the paperwork and judge can see the paperwork andelectron cally sign off on it, electron cally sign off on it,and that's something that is and that's something that ishappening around the country. happening around the country.i was a at a conference just i was a at a conference justrecently on language access recently on language accessissues. issues.one of the judges who was

one of the judges who wastalking at the conference talking at the conferencementioned how she was able to mentioned how she was able tohandle even during the handle even during theconference search warrants that conference search warrants thatwere presented to her while she were presented to her while shewas in the state of texas. was in the state of texas.i can't remember, kentucky or i can't remember, kentucky orwhere she was from, and she was where she was from, and she wasable to process that paperwork e

able to process that paperwork eremotely electron cally in a remotely electron cally in asecure fashion. secure fashion.>>and obviously, saving money. >>and obviously, saving money.>>absolutely. >>absolutely.>>let's talk about another >>let's talk about anothercommittee you are a proponent, committee you are a proponent,pro bono publico services pro bono publico servicescommittee. committee.>>uh-huh.

>>uh-huh.>>doesn't the -- the illinois -- >>doesn't the -- the illinois --maybe it is the american bar maybe it is the american barassociation suggests that association suggests thatattorneys give 50 hours a year. attorneys give 50 hours a year.does this go beyond that or what does this go beyond that or whatis the purpose of the committee? is the purpose of the committee?>> well, we don't have a direct >> well, we don't have a directcommittee that is right now committee that is right nowframed as a public pro bono

framed as a public pro bonocommittee. committee.we did in the past have one, but we did in the past have one, butwe are actually very good timing we are actually very good timingon your part, h, because the on your part, h, because theaccess to justice commission access to justice commissionthat we started became the 29th that we started became the 29thstate in the nation to set up an state in the nation to set up anaccess to justice commission. access to justice commission.we are holding our first

we are holding our firstconference next week in chicago conference next week in chicagotrying to make the courts more trying to make the courts moreuser friendly to deal with the user friendly to deal with theexplosion of litigants who are explosion of litigants who arecoming into the court coming into the courtself-represented, meaning not self-represented, meaning notwith an attorney and trying to with an attorney and trying tofind lawyers to help fill that find lawyers to help fill thatneed to represent folks.

need to represent folks.one of the committees that the one of the committees that theaccess to of the j is commission access to of the j is commissionis organizing is a pro bono is organizing is a pro bonoservices committee. services committee.just this week, this month, and just this week, this month, andyesterday, in chicago, the yesterday, in chicago, thenational legal services national legal servicescorporation, that's the body corporation, that's the bodyfunded by the federal government

funded by the federal governmentthat provides legal aid that provides legal aidorganizations around the country organizations around the countryin civil cases to represent in civil cases to representfolks who are at 100% or i think folks who are at 100% or i think120% of the federal poverty 120% of the federal povertyguideline to make lawyers guideline to make lawyersavailable. there is not enough available. there is not enoughlawyers to meet that demand. as lawyers to meet that demand. asyou know, people are losing

you know, people are losingtheir homes through mortgage for their homes through mortgage forclosures and other kinds of closures and other kinds ofthings. things.that committee is going to that committee is going toaddress those kinds of demands. address those kinds of demands.>>this is early on in that >>this is early on in thatcommittee? committee?>> that's correct. >> that's correct.>>let's turn to cameras and mics

>>let's turn to cameras and micsin the courtroom. in the courtroom.i don't know if the viewer is i don't know if the viewer isgoing to be as excited as i am going to be as excited as i amabout this. about this.>>(laughing) right! >>(laughing) right!>>but i think they should be. >>but i think they should be.it will open up a whole new it will open up a whole newdimension how the media covers dimension how the media coversthe courtroom.

the courtroom.let's talk about in general why let's talk about in general whyyou decided to do this. you decided to do this.i understand it took all seven i understand it took all sevenjustices, but i will remind you justices, but i will remind youthat the illinois news that the illinois newsbroadcasters association on six broadcasters association on sixprior occasions petitioned for prior occasions petitioned forcameras and mics in the court, cameras and mics in the court,most recently i think in 2003.

most recently i think in 2003.then, without a petition, the then, without a petition, thecourt says "let's experiment. court says "let's experiment.let's go ahead with cameras and let's go ahead with cameras andmics." mics."why? why?>> you know the back ground on >> you know the back ground onthis, the story with my personal this, the story with my personalhistory. i come from the quad history. i come from the quadcities.

cities.the reason it is the quad the reason it is the quadcities, it is part of the iowa, cities, it is part of the iowa,rock island, davenport, iowa, rock island, davenport, iowa,moline, , etcetera, bettendorf moline, , etcetera, bettendorfiowa, across the river this iowa, across the river thisiowa, they have had cameras in iowa, they have had cameras inthe courtrooms probably close to the courtrooms probably close to30 years. 30 years.you probably know the answer to

you probably know the answer tothat question better than i do! that question better than i do!during the my entire legal during the my entire legalcareer as practicing attorney, i career as practicing attorney, ihave been able to watch have been able to watchcourtroom coverage of courtroom coverage ofproceedings from iowa on our proceedings from iowa on ourlocal tv stations whether abc, local tv stations whether abc,nbc, cbs, public television and nbc, cbs, public television andso forth.

so forth.and the friends that i have had and the friends that i have hadin the past, whether lawyers or in the past, whether lawyers orjudges, have indicated how well judges, have indicated how wellit worked in iowa. it worked in iowa.and, inth fa, there has been and, inth fa, there has beencameras in the courtroom in cameras in the courtroom inwisconsin and even in missouri wisconsin and even in missourifor a number of years and for a number of years andindiana is experimented with

indiana is experimented withsomewhat before we did in somewhat before we did inillinois. illinois.you and your colleagues h you and your colleagues hprompted me over years, when are prompted me over years, when arewe going o get cameras in the we going o get cameras in thecourtroom here in illinois? courtroom here in illinois?the last time i visited with the last time i visited withyou, you asked me that question. you, you asked me that question.>>every time you are on the

>>every time you are on theprogram! program!(laughing). (laughing).>>you don't have to because we >>you don't have to because weare doing it now! are doing it now!(laughing) but when i became (laughing) but when i becamechief in october of 2010, after chief in october of 2010, afterthe retention election, that was the retention election, that wasin november. in november.really the first opportunity for

really the first opportunity forme to visit with my colleagues me to visit with my colleaguesafter the election was in after the election was injanuary of 2011. january of 2011.and i proposed that project to and i proposed that project tomy colleagues as experiment, as my colleagues as experiment, asa pilot project. a pilot project.my colleagues thankfully, my colleagues thankfully,gratefully were open to the gratefully were open to theidea.

idea.we have started to roll it out we have started to roll it outslowly, but it is gaining slowly, but it is gainingmomentum throughout the state. momentum throughout the state.>>right now cameras and mics are >>right now cameras and mics areapproved in five circuits. approved in five circuits.>>yes, and i am not sure -- five >>yes, and i am not sure -- fivei think the last time we talked i think the last time we talkedabout it, and i don't have our about it, and i don't have ourcommunications director at my

communications director at myelbow to tell me. elbow to tell me.>>joe teibert. >>joe teibert.>>joe, right. >>joe, right.i think right now among the i think right now among thetotal number of circuits, it total number of circuits, ittranslates equates into 23 translates equates into 23counties. counties.wedupage, collar county came on wedupage, collar county came onboard.

board.kane, mchenry, collar counties kane, mchenry, collar countiesaround chicago have filed or around chicago have filed orgoing to file soon for going to file soon forpermission. we also anticipate permission. we also anticipatecook county, where chicago is, cook county, where chicago is,will probably be requesting will probably be requestingpermission before the end of the permission before the end of theyear, and we hope to have them year, and we hope to have themmoving forward before the end of

moving forward before the end ofthis calendar year. this calendar year.>> i haven't heard the ninth >> i haven't heard the ninthcircuit or tenth circuit or 11th circuit or tenth circuit or 11thcircuit. circuit.this is central illinois. this is central illinois.>>sure. >>sure.the tenth circuit to, early on, the tenth circuit to, early on,originally asked for permission originally asked for permissionto experiment as a pilot

to experiment as a pilotproject. project.through conversations, because through conversations, becauseof the other number of circuits of the other number of circuitsthat were also asking for that were also asking forpermission, it was decided permission, it was decidedreally i think collectively really i think collectivelyamong a number of the chiefs, among a number of the chiefs,than rather than putting too than rather than putting toomany online so to speak online

many online so to speak onlineat once, it would be better to at once, it would be better totry to to roll out at more try to to roll out at moregradual basis. gradual basis.through mutual consent, the through mutual consent, thetenth circuit's application was tenth circuit's application wasdeferred. deferred.i know there have been i know there have beenconversations with the chief conversations with the chiefjudge recently the last month or

judge recently the last month orso. so.i believe if i am understanding i believe if i am understandingthis correctly, there is a this correctly, there is ameeting with the media meeting with the mediarepresentatives, including you representatives, including youand your colleagues coming up and your colleagues coming upwithin the month to talk about within the month to talk aboutthe pragmatics, the mechanics the pragmatics, the mechanicshow it gets done.

how it gets done.i anticipate it may roll out as i anticipate it may roll out asthey say here in the tenth they say here in the tenthcircuit of peoria, and the circuit of peoria, and thesurrounding counties in the near surrounding counties in the nearfuture. future.>>for the benefit of the >>for the benefit of theaudience, tenth circuit is five audience, tenth circuit is fivecounties, putnam, marshal, counties, putnam, marshal,stark, peoria, and tazewell.

stark, peoria, and tazewell.then the ninth circuit is then the ninth circuit ismclean county, 11th is fulton mclean county, 11th is fultonand mc donough. and mc donough.the 14th already has cameras and the 14th already has cameras andmics. mics.have you had any feedback yet on have you had any feedback yet onhow this is working so far? how this is working so far?the feedback has been good so the feedback has been good sofar.

far.there really haven't been any there really haven't been anyproblems. problems.it has been positive, whether it it has been positive, whether ithas been in the 14th or in the has been in the 14th or in the21st, that's kankakee county, 21st, that's kankakee county,specifically and the other specifically and the othercircuits around the state that circuits around the state thatare experimenting with it. are experimenting with it.>> let's move onto the impact of

>> let's move onto the impact ofmoney. money.you ran for retention two years you ran for retention two yearsago. ago.the civil justice league raised the civil justice league raiseda lot of money as did you in a lot of money as did you inorder to -- they were trying order to -- they were tryingto -- they were focused on one to -- they were focused on oneparticular case. particular case.are you concerned about money --

are you concerned about money --as i mentioned, 39 states that as i mentioned, 39 states thathave elected justices. have elected justices.is money starting to be a is money starting to be aproblem with maintaining the problem with maintaining theneutrality of the court? neutrality of the court?>> it is a definite problem. >> it is a definite problem.the impact is an issue that the impact is an issue thatneeds to be reviewed all the needs to be reviewed all thetime.

time.but i think -- to answer your but i think -- to answer yourquestion directly, am i question directly, am iconcerned about it? concerned about it?yes. yes.the impact is a direct impact on the impact is a direct impact onthe sit as soon as of our the sit as soon as of ourcommunity who vote and also i community who vote and also iguess form opinions about what guess form opinions about whatthey believe a judge may or may

they believe a judge may or maynot think. not think.if we look, and i guess you if we look, and i guess youwouldn't see this as much here wouldn't see this as much herein the peoria area r but where i in the peoria area r but where ilive in the quad cities, because live in the quad cities, becauseiowa is targeted as a swing iowa is targeted as a swingstate, i have the benefit or state, i have the benefit ordisadvantage, if you will, of disadvantage, if you will, ofseeing add nauseum, negative

seeing add nauseum, negativeadvertising in the presidential advertising in the presidentialelection on both sides of the election on both sides of thespectrum, whether romney or spectrum, whether romney orpresident obama a camp, its president obama a camp, itsnegative commercials either paid negative commercials either paidby the campaigns or third party by the campaigns or third partygroups. groups.thing i fear most about negative thing i fear most about negativeadvertising.

advertising.that's what happens with this that's what happens with thismoney. it is not out there to money. it is not out there topromote, but to tear folks down. promote, but to tear folks down.it will discourage voters from it will discourage voters fromvoting. voting.i think they may get fed up. i think they may get fed up.i hope they don't. i hope they don't.as citizens, we have obligation as citizens, we have obligationto go to the polls, to vote, to

to go to the polls, to vote, tobe educated about the issues and be educated about the issues andthe candidates. that's the real the candidates. that's the realharm whether it is in judicial harm whether it is in judicialelection or other elections. election or other elections.so, yes, i am concerned about so, yes, i am concerned aboutit. it.i don't have any answers. i don't have any answers.i don't have any solutions. i don't have any solutions.>>one of the biggest

>>one of the biggestcontributors across the country contributors across the countryto judicial races is u.s. to judicial races is u.s.chamber of commerce. chamber of commerce.and in one study, from and in one study, from1992-2010, business won 71% of 1992-2010, business won 71% ofrelated cases that came before related cases that came beforethe judiciary in those states the judiciary in those stateswhere they contributed. where they contributed.is there a fear even if it is a

is there a fear even if it is aperception that u.s. chamber may perception that u.s. chamber mayhave undue influence or does have undue influence or doesmoney influence your decision? money influence your decision?>> it can influence any of our >> it can influence any of ourdecisions because each of us who decisions because each of us whoeven in my situation with my even in my situation with myretention election in 2010, i retention election in 2010, iwas not directly or even was not directly or evenindirectly raising of any funds.

indirectly raising of any funds.we have to set up in illinois we we have to set up in illinois wehave sort of a barrier, firewall have sort of a barrier, firewallto use a computer term by to use a computer term byanalogy, put around us where we analogy, put around us where wehave a group of responsible have a group of responsiblecitizens, whether lawyers or citizens, whether lawyers ornon-lawyers who do the non-lawyers who do thesolicitation, handle the funds solicitation, handle the fundsand make the decisions how to

and make the decisions how tospend the money for the spend the money for thecampaign. campaign.we keep that knowledge off of we keep that knowledge off ofour radar screen. our radar screen.so that's ability-in systematic so that's ability-in systematicstructure to protect us. structure to protect us.>>i want to talk about the make >>i want to talk about the makeup of courts. up of courts.i want to start with the u.s.

i want to start with the u.s.supreme court. supreme court.i want to talk about diversity. i want to talk about diversity.right now the u.s. supreme court right now the u.s. supreme courthas nine justices, six of them has nine justices, six of themare catholic, three are jewish. are catholic, three are jewish.there are certain parties who there are certain parties whohave written about concerns that have written about concerns thatthere may not be enough there may not be enoughreligious diversity on that

religious diversity on thatparticular court. particular court.to take it further, we might to take it further, we mighttalk about geographic, we might talk about geographic, we mighttalk about ethnicity. talk about ethnicity.now, in illinois, gee e graphic now, in illinois, gee e graphicisn't a problem because there isn't a problem because thereare representatives from the are representatives from thefive different districts, cook five different districts, cookcounty getting a fair share of

county getting a fair share ofthem. them.is there some way of assuring is there some way of assuringthere is diversity on a court there is diversity on a courtthat is elected? that is elected?>> well, i mean the contrast, >> well, i mean the contrast,just to start with your just to start with yourquestion, i mean the federal question, i mean the federalsystem, supreme court, the system, supreme court, thesupreme court is appointed

supreme court is appointedillinois by our constitution, we illinois by our constitution, weare elected. are elected.only way to assure diversity only way to assure diversitythrough elections is by the will through elections is by the willof the people. of the people.they elect who is going to be they elect who is going to beserving on the illinois supreme serving on the illinois supremecourt. court.and i would point this out, that

and i would point this out, thatout of our seven members on the out of our seven members on theillinois supreme court, we have illinois supreme court, we havethree women who are members. three women who are members.it is the first time ever in the it is the first time ever in thehistory of the court. history of the court.and actually -- when i joined and actually -- when i joinedthe court in 2000, 12 years ago, the court in 2000, 12 years ago,mary ann more o was the first mary ann more o was the firstwoman.

woman.she soon there ever soon became she soon there ever soon becamethe first chief justice, and the first chief justice, andactually only a few months after actually only a few months afteri starred, rita garman from the i starred, rita garman from thedanville fourth district joined danville fourth district joinedthe court, became the second the court, became the secondwoman. woman.right now if we had one more right now if we had one morechange on the court, fourth

change on the court, fourthwoman came on, that would be the woman came on, that would be themajority on the court. majority on the court.at least there is some diversity at least there is some diversityif -- and i think we should if -- and i think we shouldalways consider gender as an always consider gender as anissue of diversity as well. issue of diversity as well.>>i want to turn to the >>i want to turn to thelimitations put on i suppose limitations put on i supposejudges across the state of

judges across the state ofillinois, including the justices illinois, including the justiceson the supreme court. on the supreme court.is there any kind of rule that is there any kind of rule thatprevents judges or justices from prevents judges or justices fromparticipating in political participating in politicalevents? events?>> well, yes. >> well, yes.in illinois, under our judicial in illinois, under our judicialcode of conduct, judges, whether

code of conduct, judges, whetherthey are a candidate or a they are a candidate or asitting active non-candidate sitting active non-candidatejudge, incumbent judge, judge, incumbent judge,incumbent suggests an election, incumbent suggests an election,but somebody who is active as a but somebody who is active as ajudge but not in election, under judge but not in election, underboth scenarios, judges are both scenarios, judges areguided by various rules. guided by various rules.and the rules for judges who

and the rules for judges whohave to campaign open the door a have to campaign open the door alittle bit more, but still little bit more, but stillrestrain judges from becoming restrain judges from becomingtoo active in a political kind too active in a political kindof traditional conventional kind of traditional conventional kindof way. of way.can you support other political can you support other politicalcandidates running for office? candidates running for office?>> a judge or a candidate to

>> a judge or a candidate tobecome a judge at that time, become a judge at that time,that's the only exception. that's the only exception.but for example, for myself but for example, for myselfright now, i am not a candidate. right now, i am not a candidate.i am not up for retention. i am not up for retention.so i am not allowed to endorse so i am not allowed to endorseanyone. anyone.but like, for example, in 2010 i but like, for example, in 2010 iwas allowed under our rules to

was allowed under our rules toendorse other candidates. endorse other candidates.but i don't know that i but i don't know that ireally -- i don't believe i really -- i don't believe idid -- i may have, but i don't did -- i may have, but i don'trecall that i did. recall that i did.>>the reason i bring it up is an >>the reason i bring it up is anassociate judge down in saint associate judge down in saintclaire county who there is a claire county who there is adispute over a shoving match.

dispute over a shoving match.she was wearing a tee shirt she was wearing a tee shirtsupporting the republican supporting the republicancandidate in that race, and the candidate in that race, and thedemocratic bumped into her, a democratic bumped into her, adifference of opinion, and i was difference of opinion, and i waswondering why she -- is she wondering why she -- is sheallowed to wear a tee shirt? allowed to wear a tee shirt?>> if she is -- i guess the more >> if she is -- i guess the moreprecise question, and i am not

precise question, and i am notcriticizing your question. criticizing your question.under our rules would be whether under our rules would be whetheror not, whatever her activity or not, whatever her activitywas, was an endorsement, and is was, was an endorsement, and isshe a candidate for judge? she a candidate for judge?i don't know any of the i don't know any of theparticulars. particulars.>>i don't know if she is a >>i don't know if she is acandidate or not, associate

candidate or not, associatejudge. judge.>>but she might be running for >>but she might be running forcircuit judge. circuit judge.that would be the one example that would be the one examplescenario where it would be scenario where it would beallowed. allowed.>> >>>>not the shoving, by the way, >>not the shoving, by the way,(laughing).

(laughing).>>i understand. i think that's >>i understand. i think that'sclear. clear.chief judge here in the tenth chief judge here in the tenthcircuit, michael brandt started circuit, michael brandt starteda up can of veterans courts. a up can of veterans courts.is that common around the state is that common around the stateof illinois, and are we going to of illinois, and are we going tosee more of these specialty see more of these specialtycourts, and how are they

courts, and how are theybeneficial? beneficial?>> it is not the first an only >> it is not the first an onlycourt. court.there are other veterans courts there are other veterans courtsaround the state. around the state.i can't el it you the exact i can't el it you the exactnumber. number.but there are other specialty but there are other specialtycourts as well.

courts as well.probably the most prominent probably the most prominentspecialty court that we have is specialty court that we have isdrug courts that deal with drug courts that deal withindividuals who have come into individuals who have come intothe criminal court system and the criminal court system andhave a problem with drugs. have a problem with drugs.other category is mental health other category is mental healthcourts. courts.to answer your question about

to answer your question aboutare they beneficial, i think are they beneficial, i thinkabsolutely so. absolutely so.i will give you an example with i will give you an example withthe individuals in drug court. the individuals in drug court.there are two groups of people there are two groups of peoplewho come in with the drug who come in with the drughistory. history.they are either addicted where they are either addicted whereit is an illness, a disease that

it is an illness, a disease thatneeds to be handled or they are needs to be handled or they aresimply drug abusers who are not simply drug abusers who are notyet addicted. yet addicted.i don't have any experience from i don't have any experience froma personal standpoint to tell a personal standpoint to tellyou where this line is. you where this line is.but depending how that person is but depending how that person ischaracterized, categorized, the characterized, categorized, thetreatment, the way they are

treatment, the way they arehandled disposed in court makes handled disposed in court makesa huge difference. a huge difference.we have spent a fair amount of we have spent a fair amount oftime involving judges and time involving judges andtraining to make sure you have training to make sure you havejudges who are trained to know judges who are trained to knowthe difference. the difference.so that the disposition somebody so that the disposition somebodyshould go to jail as opposed to

should go to jail as opposed toget some treatment to resolve get some treatment to resolvethe problem, and drug courts the problem, and drug courtshave been quite successful. have been quite successful.taxpayers should be happy with taxpayers should be happy withthat because the amount of money that because the amount of moneywe save turning somebody's life we save turning somebody's lifearound and getting them off of around and getting them off ofdrugs, it is not the court drugs, it is not the courtsystem as obligation to do that,

system as obligation to do that,but through the other programs but through the other programsthat exist in the community that exist in the communitywhere courts can make referrals where courts can make referralsto these community groups, to these community groups,partnership in the local partnership in the localcommunity level is really community level is reallybeneficial. beneficial.>>is there a cost savings in >>is there a cost savings inthat it frees up the regular

that it frees up the regularcourt? court?>> absolutely. >> absolutely.and i think the final and i think the finaldisposition of somebody doesn't disposition of somebody doesn'tend up in the department of end up in the department ofcorrections is -- and jail saves corrections is -- and jail savesthe taxpayers money. the taxpayers money.obviously, if their criminal in obviously, if their criminal ina sense they present a danger to

a sense they present a danger tothe community, they should be the community, they should bebehind bars. we are talking behind bars. we are talkingabout non-violent drug about non-violent drugpossession kinds of cases and possession kinds of cases andother drug problems. other drug problems.>>the illinois department of >>the illinois department ofcorrections has 49,000 some corrections has 49,000 somechange inmates behind bars right change inmates behind bars rightnow, pushing a record number, if

now, pushing a record number, ifnot a record number. not a record number.is there any effort or is there is there any effort or is thereany concern about the ability of any concern about the ability ofjudges to properly sentence a judges to properly sentence aperson who has been convicted person who has been convictedbecause of the overcrowding because of the overcrowdingissue? issue?>> well, that's a wonderful >> well, that's a wonderfulquestion.

question.i am not sure i know the best i am not sure i know the bestanswer for that, but let me give answer for that, but let me giveyou one slice that might begin you one slice that might beginto address your question. to address your question.>>in brief. >>in brief.>>sure. okay. >>sure. okay.well, we need help to be able to well, we need help to be able todo it. do it.the problem is the state

the problem is the stategovernment has cut back our government has cut back ourbudget tremendously that budget tremendously thatimpacted the probation impacted the probationdepartment, and probation department, and probationdepartment are the folks that do department are the folks that dothe presentencing studies and i the presentencing studies and iam doing this very quickly. am doing this very quickly.but without the proper but without the properpresentencing study, you don't

presentencing study, you don'thave enough people and staff and have enough people and staff andresources, judges are sometimes resources, judges are sometimesdisadvantage because they don't disadvantage because they don'thave the background they need to have the background they need tohave to adequately assess, to have to adequately assess, tomake proper sentencing make proper sentencingdispositions. dispositions.but they are still doing the but they are still doing theright thing.

right thing.>>justice thomas l kilbride, >>justice thomas l kilbride,thank you so much for joining us thank you so much for joining uson "at issue." on "at issue.">>thank you. >>thank you.we will be back next week with we will be back next week withanother he dirk when we talk to another he dirk when we talk tostate legislators about the state legislators about theupcoming veto session. upcoming veto session.please join us then for "at

please join us then for "atissue." issue.">>

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