Independent Voters of Illinois-Independent Precinct Organization 2014 APELLATE COURT QUESTIONNAIRE PART 1

Transcription

1 Independent Voters of Illinois-Independent Precinct Organization 2014 APELLATE COURT QUESTIONNAIRE PART 1 DATE_December 29, 2013_ VACANCY_Hon. Joseph Gordon PARTY Democratic NAME Hon. SUSAN KENNEDY SULLIVAN VOTING ADDRESS HOME PHONE BUSINESS PHONE _slkennedy@ameritech.net WEB SITE CAMPAIGN ADDRESS CAMPAIGN PHONE CAMPAIGN MANAGER Please provide the following background information: Elective or appointive public and/or party offices previously held including dates. Elected to the Circuit Court in a county-wide election February Sitting Circuit Court Judge since December Other elective offices for which you have been a candidate. NONE Principal business, educational, professional and civic activities of the past ten years. SEE ATTACHED EXHIBIT A What expertise do you have which will be most helpful to you in the office you seek? SEE ATTACHED EXHIBIT B Please detail your prior political activity, if any. Give positions held, dates, organizational memberships, role you played in political campaigns. SEE ATTACHED EXHIBIT C Please state 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. Please use the following format: Date Office Bar Association Rating 2010 Circuit Court Judge Chicago Bar Association Qualified 2010 Circuit Court Judge Illinois Bar Association Qualified 2010 Circuit Court Judge Asian-American Bar Association Qualified 2010 Circuit Court Judge Black Women Lawyers Assoc. Recommend 2010 Circuit Court Judge Women s Bar Association Recommended 2010 Circuit Court Judge Chicago Council of Lawyers Qualified 2010 Circuit Court Judge Cook County Bar Association Recommended 2010 Circuit Court Judge Decalogue Society of Lawyers Highly Recommended 2010 Circuit Court Judge Hellenic Society Recommended 2010 Circuit Court Judge Lesbian & Gay Bar Association Recommended 2010 Circuit Court Judge Puerto Rican Bar Association Qualified

2 Independent Voters of Illinois-Independent Precinct Organization 2014 APPELLATE COURT QUESTIONNAIRE PART 2 1. What do you believe are the major strengths and weaknesses of the Appellate Court? Would you change the manner in which the Appellate Court functions? SEE ATTACHED EXHIBIT D 2. Please discuss the Appellate Court's practice of assigning each case prior to oral argument to one member of the panel to write the opinion? SEE ATTACHED EXHIBIT E 3. What would be the reasons for not publishing an opinion? SEE ATTACHED EXHIBIT F 4. What is the role of dissent in an intermediate appellate court? Under what conditions would you write a dissenting or concurring opinion? SEE ATTACHED EXHIBIT G 5. What is the appropriate role of economic analysis, and particularly cost benefit analysis, in appellate jurisprudence? SEE ATTACHED EXHIBIT H 6. 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? SEE ATTACHED EXHIBIT I 7. What is your view of The Lockstep Doctrine which holds that the protections of the Illinois Constitution's Bill of Rights must be interpreted in lockstep with the U.S. Supreme Court's interpretation of parallel provisions of the Federal Bill of Rights? Please cite pertinent case law. SEE ATTACHED EXHIBIT J 8. 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. SEE ATTACHED EXHIBIT K 9. How has mandatory sentencing affected the criminal justice system in Illinois? ATTACHED EX. L 10. 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? SEE ATTACHED EXHIBIT M 11. Do you think the juvenile justice system should focus on rehabilitation or punishment? Why? EX. N 12. How do you account for the disproportionate number of minorities prosecuted and incarcerated? What can the courts do to correct the disparity? SEE ATTACHED EXHIBIT O 13. 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? SEE ATTACHED EXHIBIT P 14. What options available to a judge under Illinois law do you consider most effective in sentencing perpetrators of hate crimes? Please explain your choices. SEE ATTACHED EXHIBIT Q 15. 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? SEE ATTACHED EXHIBIT M

3 EXHIBIT A Principal business, educational, professional and civic activities of the past ten years. LEGAL POSITION (JUDGE and PRIVATE PRACTITIONER) December 2010-present 50 West Washington Blvd; Chicago, IL In December 2010 upon being sworn in as a full Circuit Court Judge, I was assigned to Traffic Court in the Municipal Division located at the Daley Center. From time-to-time, I sat in various non-traffic Municipal Court rooms hearing small claim litigation, collections and housing cases. About a year later, I was dually assigned to the Elder Law Division, supervised by Judge Patricia Banks. To date, there have been no cases heard in the Elder Law Division. None of the judges in Traffic Court is assigned to one court room. Each of us rotates from courtroom to courtroom between the misdemeanor rooms and the petty offense rooms. All Traffic Court courtrooms are very heavy volume. The petty offense rooms handle moving violations prosecuted by Chicago s Corporation Counsel attorneys (except where Illinois State Police write the petty tickets and the Assistant State s Attorney prosecutes the case). The misdemeanor rooms hear cases involving charges primarily related to driving under the influence, leaving the scene, driving on a suspended or revoked license. One day each month, I am assigned to the marriage courtroom in the basement of City Hall December N. LaSalle Street, Suite 2610; Chicago, IL I was a sole practitioner concentrating primarily in Elder Law and Mental Health. I had 1-2 attorneys working with me of-counsel. The practice was a very high volume practice and included daily court appearances, most often in the Probate Division S. LaSalle Street, Suite 3500, Chicago, IL In May 1994, I established my solo practice following admission to the Bar. Over time, I developed an expertise in Elder Law and Mental Health Law. In addition, I was of-counsel to the anchor firm, Huff & Gaines. My practice from time-to-time included real estate transactions and general practice issues. EDUCATIONAL ACTIVITIES OF PAST TEN YEARS As a Circuit Court Judge: 1/12 AOIC EDUCATION CONFERENCE /10 NEW JUDGES SCHOOL COOK COUNTY 1/11 NEW JUDGES SCHOOL STATE OF ILLINOIS PARTICIPATED IN VARIOUS PLANNING MEETING RELATED TO THE ELDER LAW DIVISION, PRESIDING JUDGE PATRICIA BANKS ATTEND ED CBA LUNCH SEMINARS from time-to-time Prior to Election as Circuit Court Judge: 7/16/09 Daley Center Chicago, Circuit Court of Cook County (Domestic Relations Division), From Smoking to Vaccination: A Pediatrician Looks at An Array of Health Issues Impacting Children 2/19/09 Daley Center Chicago, Circuit Court of Cook County (Domestic Relations Division), Cutting Edge Issues Part II Severe Behavior Problems, ADHA and Bipolar Depression 11/20/08 Daley Center Chicago, Circuit Court of Cook County (Domestic Relations Division), Leaping Over Hurdles: The Validity and Verifiability of a DCFS Domestic Violence Investigation 10/16/08 Daley Center Chicago, Circuit Court of Cook County (Domestic Relations Division), Security Filters & Password Codes: How Do We Protect Out Vulnerable Youth from Internet Predators? 9/23/08 Chicago Bar Association Elder Law Committee Continuing Legal Education Seminar: How to Present a Medical Expert in a Contested Estate 5/15/08 Daley Center Chicago, Circuit Court of Cook County (Domestic Relations Division),

4 Trumping Privacy: When Are Mental & Physical Issues Admissible & When are They Protected? 4/23/08 Chicago Volunteer Legal Services (CVLS) offices, Defending Collection Cases by Dan Edelman 3/20/08 Daley Center Chicago, Circuit Court of Cook County (Domestic Relations Division), Primer on Public Benefits: How Government Benefits Help Parents and Kids Survive ATTEND ED CBA LUNCH SEMINARS quite often PROFESSIONAL AND CIVIC ACTIVITIES OF PAST TEN YEARS!/2011 and 4/2012 AOIC Education Conference FACULTY-- Elder Law Seminar 2/23/09 CBA ELDER LAW COMMITTEE MEETING SPEAKER: Topic: Some Commonly Seen Medical Terms When Reviewing a Medical Chart and an Update on Electronic Charting 9/23/08 CBA ELDER LAW COMMITTEE CLE SEMINAR SPEAKER: Topic: How to Present A Medical Expert in a Contested Estate Direct Psychiatrist as Court-Appointed Counsel for Minor Child 10/28/08 CBA PRO BONO WEEK PANELIST Topic: Pro Bono Guardian Ad Litem Training 05/14/09 Northwest Community Hospital SPEAKER with Hon. Nancy Katz Decision-making for Hospitalized Minors Audience: hospital personnel (nurses, social workers, administrators, doctors) 10/22/08 NORTHWESTERN UNIVERSITY MEDICAL CENTER SPEAKER Buehler Center for Aging Seminar Examination of DePaul University, College of Law Course: Elder Law Summer session, 1998 Summer session, 1999 Summer session, 2000 Fall semester, 2001 Fall semester, 2002 Spring semester, 2004 Spring semester, 2005 Spring semester, 2006 Spring semester, 2007 Spring semester, Adjunct Professor Spring semester, 2009 Spring semester, 2010 Spring semester, 2011 Spring semester, 2012 Spring semester, 2013 Spring semester, 2014 (anticipated) Council Member: Illinois State Bar Association Health Care Section Council Vice-Chairman, Chicago Bar Association Mental Health Committee Chairman: Chicago Bar Association Mental Health Committee Vice-Chairman, Chicago Bar Association Elder Law Committee Chairman: Chicago Bar Association Elder Law Committee President: Ill Chapter of National Association of Elder Law Attorneys Founding Member: Task Force on Issues Affecting Women As They Age, Chicago Bar Association 1999

5 EXHIBIT B What expertise do you have which will be most helpful to you in the office you seek? There are three aspects of my professional life that I believe are distinguishable and enhance my qualifications to serve on the Appellate Court: my nursing experience, my writing experience and my area of legal expertise. Specifically, I practiced as a Registered Nurse with a Master s Degree for 20 years prior to becoming an attorney serving at the bedside, in classrooms, in research, in writing. Among the varied ways I applied my nursing background, I was an assistant editor of Nursing Outlook, a monthly academic journal published by the American Journal of Nursing ( ). I then became the editor-in-chief of Nursing and Health Care, a journal published by the National League for Nursing ( ). I have well-rounded legal experience. My private practice was in civil law. Elder law, my concentration, is demographically very important these days and involves a variety of issues, all of which are more-and-more common and more-and-more frequently brought to the legal arena. Although I had no criminal experience prior to becoming a Circuit Court Judge in 2010, I now have heard misdemeanor and petty offense cases for the past 3 years. I study the law as issues arise, and I make careful and deliberate rulings. My civil and criminal experience lays the groundwork to analyze facts and apply the law with a better understanding. My writing ability has developed over the years. Although I was a minor in English at Georgetown University, I learned to apply grammar rules best from my editor-in-chief at Nursing Outlook. Among other things, she was particular about punctuation and sentence structure. I continue to be interested in grammar rules recognizing the adoption of a more straight-forward style among grammarians. In law school, I was the Articles Editor of DePaul s Journal of Health and Hospital Law. My writing and editing skills involving legal issues were essential as an Articles Editor. By nature, I am hardworking, thorough and diligent; these traits seem critical for the task of an Appellate Court justice. I am also a team player, and I enjoy camaraderie among my colleagues. I have a good sense of humor and work well with others, as would be required for an Appellate justice. I could be relied upon to pull my weight and work within deadlines. I am respectful of other opinions but can argue my own position with confidence and with an open mind. I believe I have a strong and ethical compass operating at all times. EXHIBIT C Please detail your prior political activity, if any. Give positions held, dates, organizational memberships, role you played in political campaigns. I have not been involved with politics except as a candidate for the February 2010 Primary and the November 2010 General Election. However, as a nurse and university teacher, there have been issues that have required political action. I have gone to Springfield on Nurses Day, and, while practising as a nurse, I contributed to efforts to mobilize for change. That said, if you asked me this question prior to entering the race in 2009, I would have told you that I had a bad experience as a child and would not have considered participating in a politcal campaign. Although never endorsed by the Democrats, I am a life-long Democrat, and I grew up in a Democratic household. My father, John A. Kennedy, was involved in the Democratic party for decades, starting in the mid-50s when Paul Simon s wife then a single woman who had gone to school with my mother asked my father for his help on her campaign. My father remained an active participant in the Democratic party, even running for Congress as the Democratic candidate against Donald Rumsfeld in I was young, and that experience left me with a bad taste in my mouth for politics. My father died in 1997.

6 EXHIBIT D What do you believe are the major strengths and weaknesses of the Appellate Court? Would you change the manner in which the Appellate Court functions? The concept of being able to appeal a trial court decision is fundamental to the principle of checks and balances. Having now sat on the Bench and realized that Judges make mistakes of law and judgement not intentionally but because of many factors I am grateful to the reviewing court. In the same vein that I invite a Motion to Reconsider, I believe litigants should have another chance if there is a strong basis to believe there has been an injustice. In my legal career, I have had 2 occasions to bring issues to the Appellate Court, and, in both cases, to the Supreme Court. The Supreme Court ruled in favor of my position in both cases one supported the trial court decision, the other overturned the trial court decision. I believe access to the Appellate Court could be improved. In November 2010, I was taking the Bench in days, and I was thrilled to find a pro bono appellate attorney to take a matter up that I had lost on the trial court level but believed strongly was an injustice. Finding a pro bono appellate attorney was very difficult for me and would be nearly impossible for most litigants. I think the panel approach has merit because, just like on the trial court level, the law and facts can be viewed differently. I think it limits personal prejudice and adds perspective. EXHIBIT E Please discuss the Appellate Court's practice of assigning each case prior to oral argument to one member of the panel to write the opinion? I think it gives the others on the panel one perspective and the opportunity to prepare for oral argument, although it should not substitute for a justice s own preparation for a matter to be heard at oral argument. I believe a responsible Appellate Court Justice to whom a matter was assigned should still be open to changing his/her opinion following oral argument. EXHIBIT F What would be the reasons for not publishing an opinion? Pursuant to Supreme Court Rule 23, written orders and summary orders are not published because: a) The decision does not establish a new rule of law, nor does it modify, explain, criticize an existing rule or law. b) The decision does not resolve, create or avoid any apparent conflict of authority within the appellate court. c) The case is moot, it is controlled by precedent, or the matter did not meet the standards for review. As a litigant before becoming a judge and because there was a dearth of Illinois case law in the guardianship/elder law arena, I believed, in some case, the written orders should have been published for guidance. Sometimes I wonder if Rule 23 is used too often where it may benefit the legal practice in an area. However, I acknowledge there is a provision for a litigant to request that an Order be published.

7 EXHIBIT G What is the role of dissent in an intermediate appellate court? Under what conditions would you write a dissenting or concurring opinion? The role of dissent can be critical. While it is not precedent, it certainly can be cited in motions etc. Furthermore, a dissent can highlight an issue or issues in a case to offer an opposing opinion. A dissent may be the very basis for which a litigant is encouraged to apply for the matter to be reviewed further reviewed. I would certainly write a dissent if my review of the facts and the law came to a different conclusion from the other opinions of the panel. I would also write a concurrent opinion if I believed the emphasis on the opinon should be placed differently or if the conclusion reached was the same but by way of different reasoning. EXHIBIT J What is your view of The Lockstep Doctrine which holds that the protections of the Illinois Constitution's Bill of Rights must be interpreted in lockstep with the U.S. Supreme Court's interpretation of parallel provisions of the Federal Bill of Rights? Please cite pertinent case law. People v. Krueger, 175 Ill. 2d 60, affirmed the trial court s ruling that Illinois statute allowing a no-knock warrant to issue where hand guns are known to exist in a private home is unconstitutional. Further, the Court suppressed the evidence and refused to find a good-faith exception to the seizure. People v. Fitzpatrick 2013 IL , affirmed the trial court s ruling that there was nothing to distinquish the facts and find a violation of the defendant s civil rights under the Illinois Constitution. In this case, effectively the Court confirmed a limited Lockstep Doctrine. People v. Caballes 207 Ill 2d 504 determined the search by a drug-detecting dog following a routine traffic stop was a violation of defendant s rights. By unjustifiably expanding the basis for search from a routine traffic incident to a drug search, it was a fruit of the poison tree. Each of the above-cases, and those related cases, turn on very narrow facts. Illinois has found exception to Lockstep Doctrine, following the principle that each State has the right to protect the civil rights of its citizens beyond those of the U.S. Constitution. EXHIBIT K 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. Although not identical, the right to privacy as cited in Illinois Constitution in Article 1, Section 6, reflects the proposition outlined in U.S. Constitution s 4 th and 14 th Amendments.

8 While the matter of warrants and privacy was addressed in the cases cited in Question 7. It was noteworthy above that the judiciary can and has interpreted the right to privacy under Illinois Constitution differently than the federal courts view the right under the U.S. Constitution, There are other aspects of the scope of the right to privacy that are reflect our right to privacy under the Illinois Constitution found in civil cases. When the issue is informed consent, the U.S. Supreme Court s decision in Griswold v. Connecticut found there is a right to privacy in the penumbra of the Bill of Rights. In the same vein, the Illinois Supreme Court expanded the view of the right to privacy in Illinois when in In Re Estate of Longeway 121 Ill 2d 570 and latter In Re Estate of Greenspan 137 Ill. 2d 1 (1990) there is a private right to decision making, even through a surrogate. EXHIBIT L How has mandatory sentencing affected the criminal justice system in Illinois? While it has resulted in more consistent punishment, mandatory sentencing has increased the jail population yet may not have affectively reduced the frequency of the crime. Mandatory sentencing also limits judicial discretion, while at the same time giving state s attorneys discretion in working out plea agreements none of which is done in the public forum. It may be time, at a minimum, to refine or restrict mandatory sentencing for certain crimes, e.g., drug crimes. EXHIBIT M 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? The automatic transfer of juveniles has resulted in placing younger defendants into the jail system for longer periods of time. But does the automatic transfer significantly impact the rehabilitative goal of the criminal system? What kind if adult is developing in the jail system? Should the automatic element of a transfer deserve a hearing under certain circumstances to consider the appropriateness of the transfer? Is there sufficient objective proof that the automatic transfer of juveniles is truly effective? With respect to recidivism, there are different perspectives. On the one hand, there are studies that have find incarcerating juveniles does not reduce future offenses and wastes tax dollars, and may expose juveniles to violence and abuse. On the other hand, there is concern that without incarceration there is no real punishment because the cost of creating a successful therapeutic environment is prohibitive or not a priorty. EXHIBIT N Do you think the juvenile justice system should focus on rehabilitation or punishment? Why? Juvenile justice should reflect our public policy seen throughout Illinois law: the least restrictive alternative. Whether it is mental health treatment or juvenile justice, identifying the least restrictive alternative holds the

9 individual accountable. Therapeutic intervention is the most laudable purpose of the juvenile justice system. However, as stated above, the options and resources can be scarce. EXHIBIT O How do you account for the disproportionate number of minorities prosecuted and incarcerated? What can the courts do to correct the disparity? The court does not control who is arrested. The court should honestly and fairly administer the law. However, in under-resourced communities, citizens may have limited educational opportunities and more difficulty meeting basic needs of daily living. Consequently, there may be greater scrutiny by law enforcement in those under-resourced areas because of the heightened likelihood that desperation anda lack of education can lead to violations of the law. Courts can and should consider alternative sentencing and rehabilitation options where available. EXHIBIT P 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? A judge serves in the courtroom not the legislature. The judges duty is to know the facts, know statutory law, know applicable case law and carefully analyze accordingly. There may be some consideration as to the age of the petitioner or other variables that relate to the facts. There is no room for a judge to legislate his/her personal opinion. EXHIBIT Q What options available to a judge under Illinois law do you consider most effective in sentencing perpetrators of hate crimes? Please explain your choices. If hate crimes are learned, education should be imposed as a rehabilitative approach to enable the perpetrator to unlearn his bias. The element of retribution might be considered under certain circumstances, but education is paramount. Education should include such options as classes and activities in diversity and anger management EXHIBIT R 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?

10 I have been an Adjunct Professor at DePaul College of Law since Each year, my Elder Law class is increasingly diverse. Throughout the semester, I encourage the students to educate all of us on matters of culture and diversity that affect the elder population and relevant subjects covered in the syllabus. As a judge, I have attended classes at the AOIC Judicial Education Seminars addressing diversity. When I participated as AOIC faculty in 2012, our preparation included issues of diversity. Dialogue among our colleagues from time-to-time includes issues of diversity that arise in their courtrooms.. I believe the judiciary itself has become more and more diverse over the past 20 years, as it should.