Cook
County's legendary "Wheel of Justice"
was predictably unpredictable on March 21. In
contests for 23 judicial nominations, the common
thread uniting many of the winners was random
selection, or rather, sheer, blind luck.
Such
criteria as legal qualifications and bar
association endorsements proved, as usual, to be
secondary to such factors as gender, party
endorsement, ethnicity, name familiarity and Irish
surnames. In fact, in a reversal of prior trends,
2006 is the judiciary's "Year of the
Man." According to final returns, men won 13
of 20 contested primaries, and 14 of the 23 new
judges will likely be men.
In
the past, female lawyers, often Irish-surnamed
networked with each other. Their goal: only one
woman in each contested race. And, against five or
six guys, she usually won. But in 2006, with more
women than men running, there were many reversals
of the norm.
In
the Appellate Court primary, attorney Joy
Cunningham eked out a 497-vote victory despite a
multiplicity of female candidates and the
endorsement of a well qualified man by the county
Democratic Party. Significantly, Cunningham's
candidacy was backed by the organizations of U.S.
Representatives Jesse Jackson Jr. (D-2) and Luis
Gutierrez (D-4), both potential 2007 Chicago
mayoral contenders.
In
fact, a review of 270 races in nine Democratic
primaries for judicial office from 1990 to 2006,
including contests for Illinois Supreme Court,
Illinois Appellate Court and Cook County Circuit
Court (countywide and in the 15 subcircuits), all
of which elected a Democrat, showed that women
were victorious in 116, or 43.0 percent. In 38
Republican primaries for suburban subcircuit
judgeships since 1992, all of which elected a
Republican, women were victorious in eight, or
21.1 percent.
As
a yardstick for gender diversity on the bench,
1992 was a breakthrough year -- the so-called
"Year of the Woman." In 1990 women won
four of 18 Democratic judicial primaries (22.2
percent), while in 1992 women won 24 of 51
primaries (47.1 percent). In 1994 that dropped to
19 of 52 (36.5 percent), but it peaked in 1996,
when women won 25 of 46 Democratic nominations
(54.3 percent). In the latter three elections,
largely because of networking, with a single woman
facing a field of men, a woman won 68 of 149
nominations (45.6 percent).
After
a downswing in 1998, when women won six of 22
Democratic judicial nominations (27.2 percent), it
was back to normal. Women won 11 of 21 nominations
(52.4 percent) in 2000, 12 of 25 contests (48.0
percent) in 2002 and in eight of 15 nominations
(53.3 percent) in 2004, but just seven of 20
nominations (35.0 percent) in 2006.
Here's
an analysis of Democratic races:
Appellate
Court (Hartigan vacancy): The Democrats slated
David Erickson, a former first assistant to Cook
County State's Attorney Dick Devine, who is a
close political ally of Mayor Rich Daley. He had
three female foes with Irish surnames: Circuit
Court Judges Barbara Riley and Eileen Brewer and
Cunningham, who is black.
Nominating
Erickson was a huge priority for the Daley
organization, but it appears that a large black
turnout in both Chicago and the suburbs,
engendered partly by circumstances surrounding
John Stroger's stroke, gave Cunningham a boost.
Early returns put Erickson ahead, but final
results from all of Chicago's 2,604 precincts and
all of suburban Cook County's 2,386 precincts give
Cunningham 135,808 votes (28.2 percent), to
Erickson's 135,311 (28.1 percent).
The
Jackson-Gutierrez combine wanted to prove than
they could elect a minority candidate over the
opposition of the "Daley Machine" -- and
they apparently succeeded.
Riley
got 76,083 votes (15.8 percent) and Brewer got
69,581 (14.5 percent). The fifth candidate, James
Bailey, got 64,010 (13.3 percent).
Cunningham
would have won easily if either Brewer or Riley
had not been in the race, and she would have won
big if neither had run. The "Machine's"
Erickson vote was under 30 percent, and Bailey
surely took some votes away from Erickson, but the
combined female/Irish-surnamed vote, when coupled
with the black vote, was nearly 60 percent. There
will now be months of discovery recounts and legal
wrangling, but if Cunningham's victory is
sustained, that's a big defeat for the "Daley
Machine."
Appellate
Court (Hartman vacancy): A man beat four women.
The Democrats slated Judge Mike Murphy, presiding
judge of the County Division. He had four foes:
Circuit Court Judges Cassandra Lewis, Deborah
Dooling and Kathleen Kennedy and attorney
Christine Curran. In this situation, Murphy was a
slam dunk. He got 185,266 votes, or 37.8 percent
of the votes cast.
Lewis,
who is black, had support in her base, and she
finished second with 126,516 votes (25.8 percent).
Her vote mirrored Cunningham's, and she probably
would have won had she been Murphy's only foe. But
Dooling got 56,636 votes, Kennedy got 84,937, and
Curran got 36,292. Again, the
female/Irish-surnamed/black vote was over 60
percent.
The
Democratic-endorsed Appellate Court candidates
got, respectively, 28.8 percent and 38.2 percent
of the vote in Chicago. The black/reform
candidates, Cunningham and Lewis, got,
respectively, 30.1 and 29.8 percent of the vote in
the city. If the Murphy/Erickson vote is the
"Daley Machine" base vote, then the
mayor is in deep doo-doo in 2007.
The
mayoral primary turnout on Feb. 27, 2007, will
surely be 800,000. That means the mayor needs
200,000 more votes than his organization produced
on March 21.
Circuit
Court (Burr vacancy): Former Circuit Court clerk
Aurie Pucinski, the daughter of the late alderman
Roman Pucinski and a
Democrat-turned-Republican-turned-Democrat, was
elected judge in 2004 from the Northwest Side 10th
Judicial Subcircuit. Pucinski wants to move to the
Loop, and she can't do so as a subcircuit judge,
so she ran countywide and won with 185,544 votes
(37.5 percent), beating party-endorsed Joanne
Guillemette, a black lawyer who has lost three
previous bids for judge. Guillemette got 125,530
votes (25.4 percent) -- a total almost identical
to that of Cunningham and Lewis.
That
didn't mean Guillemette had monolithic black
support. Because she was backed by Daley, she was
shunned by Jackson-Gutierrez. Because she has
running against the much-despised Pucinski, white
pro-Daley committeemen pushed Guillemette hard.
She was rated as unqualified by every bar
association. Also, anti-Pucinski votes were
siphoned off to Ann Collins Dole (120,429) and
Paul McMahon (63,293). Dole ran especially well in
the suburbs and along the Lakefront. The well
known Pucinski would have lost had she only one
foe.
Since
Pucinski cannot be a "double judge," she
will resign her subcircuit judgeship in November.
That means there will be a subcircuit election to
fill the final 2 years of that vacancy in 2008.
Circuit
Court (Jaffe vacancy): Residual name
identification never hurts, and a well known man
usually beats a woman. In this race, party-backed
Mike Howlett Jr. was opposed by Meg Carey.
Howlett's late father, Mike Sr., was the state
auditor from 1961 to 1972 and the secretary of
state from 1973 to 1976, and he lost the 1976
governor's race to Jim Thompson. Howlett crushed
Carey 101,747-73,461, getting 58.1 percent of the
vote.
6th
Judicial Subcircuit (Near Northwest Side): In this
Hispanic-majority area, a familiar name -- Ed
Lechowicz, the son of longtime party fixture Ted
Lechowicz -- lost to Ramon Ocasio by 9,544-8,066,
with 4,398 votes going to Roxanne Rochester.
Ethnicity trumped familiarity. In addition,
Lechowicz was rated unqualified by the bar groups.
10th
Judicial Subcircuit (Northwest Side 39th, 40th,
41st, 45th and 47th wards, Park Ridge, Niles and
Des Plaines): Pucinski beat party-endorsed Jim
McGing to win her judgeship in 2004, but only
narrowly, 16,077-14,796. But persistence is
rewarded, and McGing is persistent. McGing lost
the 1992 state Senate race to Republican incumbent
Wally Dudycz by 3,111 votes, with 48.4 percent of
the votes cast, and he lost to Pucinski by 1,281
votes. McGing works for Sheriff Mike Sheahan as
director of legislative affairs.
This
year, again with party endorsement, McGing cruised
to an easy win, getting 57.7 percent of the vote,
beating John Pembroke and Brian Grossman.
11th
Judicial Subcircuit (Northwest Side 36th and 38th
wards, Oak Park and nearby western suburbs): Larry
Andolino discovered that good losers are
underappreciated and unrewarded. In the 2004
primary Andolino beat Paula Daleo by 36 votes.
Daleo then filed an election challenge, alleging
"voter intimidation" in Andolino's base,
the 36th Ward, where Bill Banks is the alderman
and Democratic committeeman. For whatever reason,
Andolino chose not to litigate the matter and
conceded, and Daleo was declared the victor by
five votes.
Andolino's
expectation was that he, like McGing, would get
his judgeship in 2006. As in 2004, he was Banks'
pick in 2006, and he was endorsed by all the local
Democratic committeemen. But in a stupendous
reversal of fortune, Andolino lost by 11,527
votes, getting just 32.7 percent of the vote. The
winner was Mary Colleen Roberts, an openly gay
assistant state's attorney from Oak Park.
In
her Oak Park base, Roberts crushed Andolino
13,204-3,622, getting 78.5 percent of the vote. In
Andolino's Chicago base, where Banks was supposed
to deliver big, Andolino lost 9,200-7,255, with
just 44.1 percent of the vote. What happened to
the vaunted "Banks Machine"?