Independent Voters of Illinois-Independent Precinct Organization 2016 CIRCUIT COURT QUESTIONNAIRE Part I: Instructions and Candidate Details

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1 Instructions: From within your Word processor, please answer all questions in Part I (Instructions and Candidate Details) and Part II (Issue Questions). In the Essay section, please answer the questions at the length you deem sufficient. It is OK if your comments cause tables, etc., to shift pages. We are aware that Canon 67 of the Illinois Canons of Judicial Ethics purports to restrict your ability to appear to commit yourself to a position that you may later have to rule on. We are also aware that Republican Party of Minnesota v. White, 536 U.S. 765 (2002), struck down a similar, if not identical, canon in Minnesota as a violation of the First Amendment to the United States Constitution. In an effort to accommodate any conflict you may still feel between Illinois Canon 67 and the White case, we hereby acknowledge that any answer you give to any of our questions does not commit you to rule in any particular way in a given case. Thus, kindly answer each and every question without invoking Canon 67. Candidates who answer all of the questions will be given preference in endorsement over those who do not. Thank you for your participation. Candidate Details DATE: January 4, 2016 VACANCY: BRIM PARTY: DEMOCRATIC NAME: MARYAM AHMAD VOTING ADDRESS: HOME PHONE: BUSINESS PHONE: CAMPAIGN ADDRESS: CAMPAIGN PHONE: CAMPAIGN FAX: WEBSITE: CAMPAIGN MANAGER: Candidate Details A) Elective or appointive, public or party, offices previously held (including dates). Appointed Circuit Court Judge by the Illinois Supreme Court, December 1, 2014 B) Other elective offices for which you have been a candidate. N/A C) What is your primary occupation? Circuit Court Judge D) Principal business, educational, professional and civic activities of the past ten years. (Please see attached résumé) E) What experience have you had which will be most helpful to you in the office you seek? I have served as Circuit Court Judge for over one year. I have presided in the 1 st Municipal District Civil Courts presiding in Small Claims, Evictions, and Civil Trial courtrooms. I have presided in 1 st Municipal District Traffic Courts presiding over bench and jury trials in minor and misdemeanor criminal traffic courtrooms. I have presided in 1 st Municipal District Branch Criminal Courts presiding over misdemeanor criminal and felony preliminary hearing courtrooms at 51 st and Wentworth; 111 th Street; Page 1 of 6

2 Candidate Details Harrison and Kedzie, Grand and Central, and Belmont and Western Courts. I am presently assigned to a misdemeanor criminal courtroom at Maywood Courthouse. F) Please detail your prior political activity, if any, providing positions held, dates, organizational memberships, and roles you played in political campaigns. I served as a committee member on the Circuit Court election campaign of Judge William H. Hooks. I am a member of IVI-IPO. I joined a year ago after I was inspired by a member s comment at a Coalition for African American Leaders breakfast meeting. I am also a member of the 6 th Ward Democratic Organization. G) Please list all endorsements you have received. I am the Cook County Democratic Endorsed Candidate for the 1 st Subcircuit Brim Vacany. This includes endorsements from the following city wards and townships of the 1 st subcircuit 5 th, 6 th, 7 th, 9 th, 10 th, 17 th, 18 th, 21 st, and Thornton Township Judicial Evaluation Ratings: Using the form below, please list any evaluation ratings you have ever received for any judicial office by any bar association. List the office and the date of the election for which the evaluation was made. To add more rows, place the cursor in the bottom, right cell and hit the tab key. Date Office Bar Rating October 30, 2014 Circuit Court Judge Chicago Bar November 6, 2014 Circuit Court Judge Chicago Council of Lawyers November 6, 2014 Circuit Court Judge Asian American Bar November 6, 2014 Circuit Court Judge Black Women s Lawyers November 6, 2014 Circuit Court Judge Cook County Bar November 6, 2014 Circuit Court Judge Decalogue Society of Lawyers November 6, 2014 Circuit Court Judge Hellenic Bar November 6, 2014 Circuit Court Judge Hispanic Lawyer s Associaiton November 6, 2014 Circuit Court Judge Illinois State Bar November 6, 2014 Circuit Court Judge Lesbian and Gay Bar Highly Page 2 of 6

3 Judicial Evaluation Ratings: Using the form below, please list any evaluation ratings you have ever received for any judicial office by any bar association. List the office and the date of the election for which the evaluation was made. To add more rows, place the cursor in the bottom, right cell and hit the tab key. Date Office Bar Rating November 6, 2014 Circuit Court Judge Puerto Rican Bar Highly November 6, 2014 Circuit Court Judge Women s Bar of Illinois Page 3 of 6

4 Part II: Issue Questions Essay Questions 1. What do you believe are the major strengths and weaknesses of the Circuit Court? Would you change the manner in which the Circuit Court functions? The major strengths of the Circuit Court of Cook County include extremely well-trained and knowledgeable judges, court personnel and lawyers. Its size is a tremendous advantage, because judges have the opportunity to specialize and to really become skilled in the subject matter. One of the biggest weaknesses I have seen is in TRAFFIC and CRIMINAL COURT. These courtrooms comprise the majority of the courtrooms of Cook County. There is an unacceptable representation of African Americans and Latinos in traffic and criminal court. These numbers underscore the disparity in arrests and charging of people of color. As a judge, I openly express my concern over this problem and refuse to remain silent on the topic. Additionally, I look at charges reasonable articulable suspicion, probable cause and evidence closely to ensure that people are not being brought before the court on flimsy evidence. 2. How should judges be assigned to the various divisions of the Court? If you are elected, to what division would you like to be assigned and why? The role of the chief judge is to determine where judges should be assigned. I defer to his experience and expertise on the subject. I have made it clear to the chief judge that I will go wherever I am needed. Because my law practice experience included significant work in civil and in criminal law, I have presided in civil and criminal courtrooms since ascending to the bench. I am one of a few judges in 1 st Municipal who can do both. I am happy to go wherever I am assigned. Presently, I am assigned to a criminal courtroom in Maywood; that was where I was needed based upon courthouse needs and 4 th Municipal District demographics. 3. Please cite and explain the case or cases which best illustrate your understanding of the scope of the right to privacy under the Illinois Constitution. The 1 st Amendment to the United States Constitution, which delineates our nation s law regarding the right to privacy and free speech, is one of the most misunderstood amendments to the Constitution. Most Americans believe these rights are absolute; however, these rights may be lawfully REGULATED according to space, time and location limitations. In the courts the issue of privacy rights is evoked as to the prohibition of taking photos in a courtroom while court is in session. Such action is prohibited by order of the Chief Judge of the Circuit Court of Cook County, Judge Timothy Evans. A more recent Illinois case that explains the standard by which privacy are regulated is Schmidt v. Ameritech Illinois, 329 Ill. App. 3d 1020, 1028, 768 N.E.2d 303, 312 (Ill. App. 1st Dist. 2002). In Schmidt, privacy rights are violated when someone intrudes upon another's private sphere such as the inside of a home in a manner that would be offensive or objectionable to a reasonable man. Intrusion upon seclusion, as it is sometimes called, is much more likely to be an issue for photographers or filmmakers, who may direct a camera somewhere it does not belong. A person claiming a violation must establish: (1) an unauthorized intrusion or prying into the plaintiff's seclusion; (2) that is highly offensive or objectionable to a reasonable person; (3) and reveals a private matter; (4) causing anguish and suffering. This is an issue in criminal trials where reluctant victims or witnesses (particularly witnesses) may be subject to retribution or harm based upon their assistance (testimony) in a case. It is for Page 4 of 6

5 Essay Questions this reason that the prohibition the space, time location restriction exists in the Circuit Court of Cook County. 4. What are the pros and cons of an elected, an appointed, or a hybrid system for the judiciary? How might the Illinois courts benefit or suffer from a change? One pro of elected judges is there is a nexus and an accountability to the community. As a jurist placed on the bench by the people the elected judge must consider their issues and concerns. Ultimately the judge must follow the law, but at some level in its application, the judge should consider the people he or she serves. One con of the elected system is actually a pro for the appointed system. Sometimes judges must render extremely unpopular decisions because they must follow the law even if it raises the ire of the people. In so doing, an elected judge can face backlash that could negatively impact his/her chances for re-election solely because he or she fulfilled the oath he/she swore to uphold. Appointed judges can render decisions without fear of unemployment. This is why I actually like the Illinois judicial system. Illinois has Circuit Court Judges that are placed on the bench by the people; it also has Associate Judges who are elected by other Circuit Court judges and whose tenure is not determined by the electorate. 5. How has mandatory sentencing affected the criminal justice system in Illinois? Mandatory sentencing affects the federal criminal courtroom system more than the state court system. As a former Cook County Assistant Public Defender and former Cook County State s Attorney, judges have much discretion in sentencing defendants. Defendants can request a 402 conference to present pre-trial mitigation to determine a sentence. Also, a judge can reject a plea, have the case proceed to trial, and find a defendant guilty of a lesser included offense if he or she believes the defendant should be sentenced below a particular range. 6. How has automatic transfer of juveniles for felony charges affected the criminal justice system in Illinois? How has it affected the recidivism rate of juveniles? There was never automatic transfer of juveniles for felony charges in Illinois. There was automatic transfer for 1 st degree murder if a juvenile was older than 16. As of January 1, 2016, there is no more automatic transfer for murder. Juveniles charged with felony offenses such as retail theft, guns possession, drug possession, sexual abuse, and robbery always remained at juvenile court. I cannot answer the question, How has it affected the recidivism rate of juveniles because the question is predicated on the premise that juveniles charged with felonies were subject to automatic transfer, which is not true. 7. Do you think the juvenile justice system should focus on rehabilitation or punishment? Why? Juvenile court should focus on rehabilitation AND services to families. Sometimes, rehabilitation includes punishment. Punishment is not always a negative. I was assigned to Cook County juvenile court for three years. Many of the children who were court involved came from families that needed a lot of intervention and services. The children were successfully rehabilitated when their families received social services also. Page 5 of 6

6 Essay Questions 8. How do you account for the disproportionate number of minorities prosecuted and incarcerated? What can the courts do to correct the disparity? There is a disproportionate number of people of color in the criminal court system. People of color are still being arrested and charged with crimes that other racial groups are not arrested for and charged with. When judges in preliminary hearing courtrooms see charges where there is no reasonable articulable suspicion---or if the basis of the reasonable articulable suspicion would not stand in predominantly Caucasian communities the judges should make findings of NO probable cause. Acts that are not criminalized in Barrington or Hyde Park or Glencoe should not be criminalized in Englewood or Austin or Roseland. 9. What do you consider the important aspects of a judge's decision in handling a petition by a minor for a waiver of parental notice with the intent to have an abortion? The judge should review the facts of the case and follow the law. 10. What options available to a judge under Illinois law do you consider most effective in sentencing perpetrators of hate crimes? Please explain your choices. Sentencing options are available in the code of criminal procedure to all crimes. At a sentencing hearing, the State argues factors in aggravation and the defendant argues factors in mitigation. These arguments, the facts of the case and the sentencing guidelines delineated in the Illinois Criminal Code should guide the judge s decision. 11. What is the proper role of the judiciary in promoting diversity in the legal profession and on the bench? How can the judiciary better address diversity issues? EVERYONE connected to the legal profession should advocate and promote diversity. Litigants, attorneys, and court personnel should walk into a courtroom and see court staff (including judges) that look like them. Cook County is racially AND ethnically diverse. There is no reason for the courts NOT to reflect this diversity. One of the beauties of the subcircuit system is that it enables citizens to select judges who live in their communities and who ethnically or racially reflect the particular community. Page 6 of 6