To judge and be judged
U. S.
Senator Dick Durbin (D)
Once elected a judge in
Illinois, the position is yours unless you really mess up. Other than standing
for “retention” at six-year intervals where it is extremely rare for a judge to
be fired, the election is the one opportunity for voters to determine who is
most worthy of sitting in judgment on the rest of us. Two attorneys are seeking
the position vacated by the retirement of David Hultgren
in the Ninth Judicial Circuit — which includes Knox, Warren, Fulton, McDonough,
Henderson and Hancock Counties. Former Knox County State’s Attorney Paul
Mangieri was appointed the interim judge and he is being opposed by Monmouth
attorney James Standard. Of all the choices on the ballot, this is the one that
we must live with the longest.
Jim Standard: “It's all about
character”
by Mike Kroll
While judges and judicial candidates
prefer to be seen as above traditional politics the fact that they obtain that
job through election makes them politicians nonetheless. However, judicial
ethics and tradition does limit the manner in which a candidate for circuit
judge may campaign for that job. A judicial candidate can promise to be “tough
on crime” but they can't really campaign on specific political “issues” and
thus forced to run very personal campaigns comparing themselves to the
opponent. “The choice for judge must boil down to the character, integrity,
legal background and impartiality of the candidates,” said Jim Standard,
candidate for Ninth Judicial Circuit Judge.
A Monmouth attorney since 1970 (“I
was practicing law in western Illinois before my opponent was in high school.”)
has been in private practice all that time. He graduated from Chicago's John
Marshall Law School in 1969 after growing up in southern Illinois and the
suburbs of St. Louis. His initial job working as a hearing officer for the
Illinois Commerce Commission is what initially brought him to this area where
he chose to practice after one year with the ICC (“I soon discovered that it was
an incredibly narrow area of the law and not how I wanted to spend my
career.”). Like most area lawyers Standard has a general practice with many of his cases in Warren,
Henderson, Mercer and Hancock counties where most cases fall under family law.
But he says over 38-plus years he as
done a little of almost everything that comes up in western Illinois legal
disputes. He has served as assistant State's Attorney and public defender in
Warren County and he twice ran for State's Attorney, once in Warren and once in
Henderson counties. This is Standard's second attempt to be elected as a
circuit judge.
Standard admits to be surprised at
the lack of interest among Republicans in this judicial race, unlike his
opponent Paul Mangieri he was unopposed in the primary,
but he understands that many area lawyers recognized the political realities of
Mangieri's appointment to the bench and the
politically sympathetic assignments Mangieri has had.
“Paul Mangieri
is a very political animal and his blatantly political relationships have
everything to do with his position in this race. His political sponsors [House
Speaker] Mike Madigan and [Senate Majority Leader] Emil Jones arranged for his
appointment following his failed bid to become State Treasurer. Supreme Court Justice
Tom Kilbride even had to delay the appointment of Mangieri until he could pay a fine to the Illinois Election
Commission for campaign financing violations in that Treasurer's campaign.”
“Just recently it was announced that
an investigation into Mangieri's conduct as Knox
County State's Attorney found insufficient grounds for criminal prosecution
without releasing any of the specifics of the investigation. The allegations in
that instance as well as Mangieri's professional
conduct as State's Attorney present very real issues of integrity and
character. The voters must understand that simply avoiding criminal prosecution
is not the same as living up to the high standard of integrity and ethical
conduct we must expect from our judges. This race is all about character and Mangieri is shrouded in a cloud of character questions. His
history is one of ongoing ethical and judgmental questions.”
Standard points out that even in this
judicial race Mangieri accepted a campaign
contribution of $40,000 from a Peoria-based union. “Why in the world would a
union outside of this circuit give a judicial candidate a contribution of that
magnitude? The public perception of a judge's independence, integrity and
impartiality are key to their belief in the integrity and fairness of our legal
system. Huge contributions present at least the appearance of potential
conflict of interest that can color the public's perception of judicial
independence.”
“There is and must be a much higher more
stringent standard for ethical or appropriate conduct by our judges than merely
escaping criminal prosecution. I believe my legal ability and experience,
personal and ethical conduct, and fairness and impartiality as reflected by the
opinion of my legal peers in the Bar poll is a testament to the stark
differences between myself and Mr. Mangieri. I
believe that serving as a judge should be the high point of an attorney's legal
career. I look forward to serving the citizens of the Ninth Judicial Circuit
as judge and I remind the voters
that character really does matter.”
Paul Mangieri: “It's all about the people”
by Norm
Winick
Paul Mangieri is a
well-known political figure in Knox County and the State of Illinois. He was
the first Democrat elected to be Knox County State’s Attorney since the Civil
War and later ran unsuccessfully for State Senator and State Treasurer. Those
were expensive and wide-ranging campaigns in which he was assisted by
professional consultants.
This time, he’s back to his roots, running a
retail campaign by meeting people and discussing his judicial philosophy. “I
would say that this has been one of the most enjoyable campaigns I have
participated in. I have reached that stage in my life where I now realize that
the most important thing is meeting the people. I’ve spent more time in
one-on-one conversations, door-to-door, than I have in a campaign since my
first one. It’s back to the basics. It’s the type of campaign I’ve always
enjoyed. I am in charge of my own campaign for judge. There are no paid
consultants; there is nobody on a campaign payroll; there is nobody from
outside the area involved.”
Mangieri would break another barrier should he win.
It isn’t often that a circuit judge position becomes open; the last one elected
was James Stewart. And, no Democrat has ever been elected circuit-wide. “Things
have changed since the last race,” adds Mangieri.
“Knox County is much more Democratic than it used to be.” While not very long
ago, all the judges in the circuit were Republicans, there are now four
Democrats. Knox County elected Scott Shipplett as its
resident judge. Fulton County elected two Democrats, and Paul Mangieri is holding the interim position. “I can honestly
say that there is a collegiality among all of the judges that goes beyond any
partisan issues. In a way, it’s like a think tank. Each one of us brings our
own different knowledge and experience to the court and we consult with each
other on matters of law but not necessarily specifics of cases frequently.”
“As I meet people in the courtrooms in all
the counties and as I visit them in coffee shops and their homes, I have
learned that there are differences among them. There is a criminal element in
Knox County unseen in the other five counties. It may be because of the larger
population but I think it’s also because of the accessibility. Knox is easier
to get to and from major metropolitan areas. ” “
There is a huge difference in serving the
people as their State’s Attorney and being a private attorney. Any attorney who
thinks their private practice experience as an advocate for one client prepares
them to represent the more than 100,000 residents of the circuit as a judge is
mistaken.” “As State’s Attorney, I made some unpopular decisions. I know as
judge I will, too, and you have to be prepared to justify those calls to the
public — not just to one client.
Public opinion cannot be the deciding
factor.” Even though Mangieri only dealt with
criminal cases as State’s Attorney, he says his previous private practice
exposed him to much more. “There are no areas of law that come before me as a
circuit judge with which I am unfamiliar. I have heard cases on medical
malpractice, wills and probate, and more foreclosures than I ever anticipated.”
“Listening is the most important thing. My experience so far has taught me that
if you are patient as a judge and let all the questions get asked and answered
the litigants will have a clear understanding of what the ruling will likely
be; they might not agree with it but they will understand it.
Many times, people know they are wrong but
they want to get heard. They want their day in court. I let them have it.” “I
also have learned that there are many people charged with criminal offenses who
are ill in one way or another. I have talked about this with other judges and
they have come to that same realization as well. While we are not mental health
professionals, it is our obligation to temper punishment with a sense of
justice and try to get help for people. It is often part of the conditions.”
“I think I am a very fair and compassionate
judge who demonstrates a great deal of understanding toward the people who are
in front of me. Part of ‘understanding’ is being tough when the circumstances
warrant it and flexible when that is appropriate as well.”
10/23/08