The Criminal Courts building -- nine decades and counting of giving us criminal justice, Chicago-style |
Call it a plus, if you will. Because I’m actually encouraged with the legal process thus far for Richard Vanecko – the Mayor Daley nephew (and grandson) who now faces criminal charges in the 2004 death of another man.
By
the legal process, I’m talking about since the point when Vanecko was actually
arrested and has to face the process by which alleged criminal acts are
adjudicated.
FOR
VANECKO THIS week faced arraignment. That’s the part of the legal process in
which a defendant is asked by a judge, “How do you plead?”
And
he responds, “Not guilty, your honor.” Then, he gets assigned to a trial judge
who will be the one who has to oversee his case for the next year or two (or
however long it takes the attorneys for both sides to prepare for this trial).
Note
he pleads “not guilty.” At this stage, he has no alternative. If at some point
in the future, he wishes to change that to a “guilty” plea, he can do so. But
what happened this week was about assigning Vanecko’s case to a judge for
eventual trial.
And
that is where I see the plus in this case.
FOR
THE VANECKO case was assigned to Associate Judge Arthur Hill, Jr. – who has
been a judge for nearly a decade following a career in the Cook County state’s
attorney’s office.
Which
is a typical career path for the men and women who wear those black robes and
preside over cases at the Criminal Courts Building.
But
what makes this case unique, and encouraging, is the fact that when Hill
presided over his first hearing in the Vanecko case, he felt compelled to
recite his professional record in law enforcement.
Which
involved being hired as an assistant state’s attorney back in the days of
Richard M. Daley as head prosecutor for Cook County.
AND
WHEN DALEY eventually became mayor, Hill got one of his few non-criminal law
positions in his career – he served a stint on the Chicago Transit Authority
board. He was a Daley appointee.
And
Hill definitely didn’t have any objections from Daley when he became a judge in
2003.
In
short, Judge Hill is a Rich Daley ally.
To
the point where he said publicly in his courtroom, “if the lawyers want me to
step aside, I will.” Even though he also said he thinks he can be “fair and
impartial” in deciding whether or not Vanecko’s behavior in the death of David
Koschman rises to the level of a criminal conviction.
IN
THE OLD days, it likely wouldn’t have been brought up. It would have just been
presumed that a mayoral family member in trouble would get a break from the
judge.
For
Richard J. Daley was of the belief that judges were political positions just as
much as any other. The idea that a judge should think himself above politics
would have been absurd to him. He always made it clear he didn’t think much of
reform efforts that thought judges should be appointed based on some
high-minded appeal to legal ideals.
Let
the people decide! So long as they pick the “right” candidates like they do for
every other office.
The
idea that Hill would acknowledge that there might be reason for him to step
aside shows we have advanced in a certain sense.
NOT
THAT IT’S a guarantee that Hill will be forced off of this case. For there’s no
guarantee that any other judge would be more impartial.
Call
it the drawback of having Richard M. Daley serve just over three decades as
state’s attorney and mayor – he has a lot of contacts. There’s hardly anyone
who can’t be perceived as having a Daley bias.
And as for those who believe that we ought to
pick a judge from outside the area to come into this case (just as a special
prosecutor – former U.S. Attorney Dan Webb – has already been named), I’d
wonder if it might bring in some bias against the city.
Some
rural judge thinking he can appeal to his people back home by “putting away”
the mayoral nephew – regardless of the legal merits of the case.
BACK
IN THE days of Operation Greylord (a federal investigation of judicial
corruption), some Southern Illinois judges were brought in to oversee the
criminal cases. But the partisanship based on regionalism has become all the
more intense in recent years.
That
is why I’m wondering if a judge willing to admit his potential for bias IS the
best we’re going to get in this particular case – which is going to linger with
us for so long that we’re likely to be sick of it by the time it actually makes
it to trial.
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