States Attorney
JUDGE ORDERS NEXT PHASE IN SUBSTITUTION HEARINGS
WHEATON – Today Judge Perry Thompson ruled that the State’s Attorney’s Office must now proceed to a second hearing to prove that State’s Attorney Joe Birkett’s exercise of his statutory authority to substitute cases away from Judge Thompson is being done according to the dictates of the Illinois Supreme Court.
The Illinois Supreme Court in People v. Wharton set forth four factors which governed today’s hearing. The four factors which Wharton sets forth are:
1. Whether the State’s Attorney’s Office has used, and indicates that it plans to continue using, the substitution of judge (SOJ) motions on a blanket basis in almost every case assigned to Judge Thompson;
2. Whether the State’s Attorney’s Office has made other attempts besides the use of the substitution motions to have Judge Thompson reassigned;
3. Whether members of the State’s Attorney’s Office have made statements reflecting a desire that Judge Thompson be reassigned; and
4. Whether there is any other evidence that indicates that the substitution motions are being used for the purpose of influencing the Chief Judge of the 18th Judicial Circuit in her assignment decisions.
State’s Attorney Birkett testified that since July 25, 2006, approximately 79 cases were substituted out of Judge Thompson’s Courtroom and 110 were left before Judge Thompson. This amounted to approximately a 42% removal rate. Birkett testified that he had no intent to have Judge Thompson reassigned and that he was making his decisions on a case by case basis.
Judge Thompson ruled that according to the dictates of People v. Wharton, which require only a prima facie showing of the factors, that the defendant had sustained that burden and reassigned the case to Felony Presiding Judge Kathryn Creswell for further hearing. In his ruling, Judge Thompson noted that in the three years leading up to July 25, 2006, he was SOJd 29 times. Since July 25, 2006, he has been SOJd 79 times and concluded that “Something’s going on.”
State’s Attorney Birkett responded “While I respect Judge Thompson’s ruling, I disagree with it. I am fully familiar with the law. The State, just like the defendant, has the absolute right to SOJ. But I cannot and will not use it in a blanket fashion to undermine the authority of the Chief Judge.”
The case is next up on Friday, October 27th at 9 a.m. in front of Judge Creswell for status.
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