How coronavirus is affecting the courts — April 3 update

The novel coronavirus is affecting societies worldwide, and judicial systems are no exception. Here is a selection of the latest news and profile stories on how courts are dealing with the epidemic:

What is the state of Israel’s courts in the time of coronavirus? (Jerusalem Post)

Uncertainty looms over Supreme Court as lower courts transition to teleconferencing (Washington Free Beacon)

Federal Judge’s Sentencing acknowledges COVID-19 (Forbes) (a story about the sentencing of certain defendants in the “Varsity Blues” college admissions scandal)

COVID-19 and Online Dispute Resolution: It’s a Whole New World Out There (op-ed for the Connecticut Law Tribune)

7th Circuit suspends most paper copies to slow spread of COVID-19 (Chicago Daily Law Bulletin)

Previous roundup coverage here. And check the home page for additional discussion of coronavirus and the courts.

 

Still more embarrassment for the “Chicago Way” of choosing judges

Over the past three years, his blog has tracked the litany of shocking stories coming out of Chicago area judicial elections — shocking, that is, for anywhere except Cook County. There, it seems, the sulfurous mix of identity politics, voter ignorance, and unscrupulous candidates is a way of life.

This week, the Chicago Sun-Times and Injustice Watch added another depressing data point: “sham” judicial candidates who are placed on the ballot simply to confuse voters and throw the election. Here’s how it is alleged to work: when it appears that a candidate preferred by the city’s Democratic establishment is at risk of losing a judicial race, one or more “sham” candidates will enter the race and be added to the ballot. The “sham” candidates are not real, in the sense that they expend no money on the campaign, conduct no campaign events (and often barely have a campaign website), and don’t seem sincerely interested in a judicial post. But these “sham” candidates do have something in common: names that appeal to voters’ identity politics (which is Chicago, translates mostly to feminine -sounding first names and Irish surnames). The expectation is that voters, who have done no research on the judicial candidates on the ballot, will simply vote for those who sound like Irish-American women. (And there is proof that this expectation plays out in real life.) The “sham” candidates confuse enough voters to draw votes away from the non-establishment candidate, allowing the establishment candidate to prevail.

It’s doesn’t always work. The article, for example, relates how the presence of alleged “sham” candidate Bonnie McGrath in 2016 was not enough to prevent the victory of non-establishment candidate Carol Gallagher. And the alleged “sham” candidates have protested that despite their utter lack of campaign activity, their desire to be judges is sincere. But let’s be honest: the entire process is still shameful — or at least it should be, if the party bosses behind this ruse were capable of shame.

 

It worked! Chicago lawyer who changed his name to sound more Irish is finally elected as a judge

This blog has followed the story of Phillip Spiwack, a Chicago-area lawyer who legally changed his name in 2012 to Shannon O’Malley. The reason for the change: he was planning to run for judge in Cook County, and recognized the stubborn reality that having an Irish woman’s name would be a valuable commodity at the polls.

Spiwack lost his first race in 2010 while using his original name. The next year, the DePaul Law Review published a study showing that Cook County judicial candidates with Irish and female names tended to have an advantage in judicial elections. Spiwack changed his name to Shannon O’Malley shortly thereafter, and then deliberately sat out judicial races for the next several cycles to circumvent a state law requiring candidates who undergo a name change within three years of an election to disclose their old names on the ballot.

The plan worked. O’Malley won his election last week, even though he refused to submit his qualifications to any local bar associations and therefore did not receive any bar recommendations.

O’Malley may or may not prove to be a good judge. But this whole episode speaks poorly of the low-information judicial voters in Chicago.

Chicago judge, convicted of mortgage fraud, refuses to leave the bench

Cook County Judge Jessica Arong O’Brien, convicted by a federal jury of mortgage fraud and facing a sentencing hearing in October, has refused to step down from the bench and continues to collect her nearly $200,000 yearly salary. Now the state’s Judicial Inquiry Board has asked the Illinois Courts Commission to suspend her pay pending a full hearing on removal from office.

In a fascinating bit of chutzpah, O’Brien recently filed paperwork to seek retention in the upcoming election. That seems unlikely, but O’Brien is making a strong push for inclusion in the (already spacious) Cook County Judges Hall of Shame.

 

Chicago judge ordered to retire after letting her clerk take the bench

In a sad and bizarre story, the Illinois Courts Commission ordered Chicago judge Valarie Turner to retire on Friday, after an investigation found that Turner had given her judicial robe to her clerk and allowed the clerk to preside over several traffic court cases in August 2016.

According to the Chicago Sun-Times:

Circuit Judge Valarie E. Turner has been diagnosed with Alzheimer’s disease and is “mentally unable to perform her duties,” according to a complaint filed Thursday by the Illinois Judicial Inquiry Board.

Turner allowed law clerk Rhonda Crawford to take her seat behind the bench and rule on several traffic cases last August after introducing her to a prosecutor as “Judge Crawford,” the board contends.

“We’re going to switch judges,” Turner allegedly said during an afternoon court call, before standing up and giving her judicial robe to Crawford.

It appears that Turner’s current mental condition made her forced retirement a fairly straightforward decision for the Board. But it’s entirely unclear why Crawford would play along with this charade, and she has lost her law license as a result.