Top judges within Cook County's courts have asked a state judicial misconduct review board to look into accusations leveled against fellow Judge Kathy Flanagan stemming from an incident in her courtroom in which an attorney ended up escorted by a deputy from her courtroom and handcuffed to a chair in a non-public hallway, allegedly amid a dispute over the judge's handling of that attorney's case.
On June 7, the Cook County Circuit Court's Executive Committee has recommended the Illinois Judicial Inquiry Board (JIB) investigate Cook County Circuit Judge Kathy Flanagan for potential violations of Illinois' rules for judges.
The Executive Committee includes Cook County Chief Judge Timothy Evans and all of the judges presiding over each of Cook County's various court divisions and district courthouses.
Flanagan currently serves as the acting presiding judge over Cook County's Law Division, which handles personal injury lawsuits and certain other kinds of civil matters. She was first elected to the Cook County bench in 1988. Voters will be asked in November whether to retain her on the bench. Sixty percent of voters must vote "yes" for a judge to be retained to another six years on the bench.
According to the Executive Committee's order, Flanagan "has been publicly implicated in conduct which, if true, threatens irreparable injury to the judicial branch of government or to the orderly administration of justice."
The order indicates Flanagan's conduct could implicate three Illinois Supreme Court rules for judges, including rules requiring her to abide by the law; to "act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary..."; and to "accord to every person who has a legal interest in a proceeding or that person's lawyer the right to be heard according to law."
The order does not specify the nature of the alleged misconduct requiring investigation from the JIB.
However, the matter arises following a run-in in Flanagan's courtroom on May 7 with attorney Brad Schneiderman, of the firm of Johnson & Bell, of Chicago, according to a transcript obtained by The Cook County Record of a June 3 Executive Committee meeting.
The transcript does not include any discussion of the matter by the Executive Committee, as that was purportedly conducted in a closed session.
The transcript, however, includes statements entered into the record by bailiffs with the Cook County Sheriff's Office who reportedly worked in Flanagan's courtroom that day and who reportedly took Schneiderman briefly into custody, seemingly at the judge's direction.
The transcript also includes a statement entered into the record from Flanagan herself.
According to the Sheriff's officers' statements, the alleged altercation between Flanagan and Schneiderman began during a hearing on a case in which Schneiderman was representing a client on May 7.
During that hearing, at some point with counsel for various parties standing in front of the judge's bench, Schneiderman seemingly became dissatisfied with the judge's decision, and proceeded to seemingly argue with the judge, and continue to do so after the judge reportedly told him to "stop talking."
According to the statements entered by the bailiff who was in the courtroom that day, the judge reportedly eventually told Schneiderman, "That's it, just step back," and repeated the instruction.
According to the bailiff, "he kept talking," at which point the bailiff stepped in behind Schneiderman and reportedly repeated the judge's instruction to "step back," and said "Your case will be recalled. Let's go."
According to the bailiff, as they moved toward the back of the seating area, Schneiderman "kind of was mumbling under his breath a little bit, and then he turned around and said something else to Judge Flanagan, and she told me 'That's it, take him.'"
At that point, believing the judge had instructed Schneiderman to be taken into custody for contempt of court, the bailiff reportedly escorted the attorney into a hallway inaccessible to the public behind the judge's chambers, where the bailiff directed him to sit in a chair and one of Schneiderman's hands was cuffed to the chair.
At that point, the bailiff called for a sergeant to come with a blank order for the judge to be filled out, as the officers said was routine when someone is ordered removed from a courtroom and taken into custody.
However, after the sergeant arrived, the judge allegedly came to the hallway, spoke with Schneiderman and then reportedly told the deputies, "That's it, you can let him go."
At that point, Schneiderman was uncuffed and returned to the courtroom, where he later "made a few statements." Those statements reportedly prompted the judge to reply, "I'll need a copy of that report," according to the bailiff's statements in the transcript.
The transcript does not indicate what the dispute between the judge and Schneiderman may have involved that precipitated the exchange and actions against the lawyer.
Following that hearing, Schneiderman reportedly filed a complaint with court administration concerning his treatment that day, prompting the investigation by the Executive Committee and ultimate referral to the JIB.
Within the transcript, Flanagan also entered a statement with the Executive Committee, offering some explanation concerning the events of May 7.
According to the transcript, Flanagan said Schneiderman became "disruptive, loud, argumentative," and interfered "with the decorum of the courtroom ... over a ruling on a motion which had already been ruled on."
"He didn't like the ruling," Flanagan said, of Schneiderman.
She accused him of ignoring "multiple direct orders to take a seat," further saying he attempted "to play to the crowd, and to laugh in derision at what he thinks are amusing proceedings..."
She denied having ordered deputies to take Schneiderman into custody or to handcuff him.
She said she "was unaware that he was handcuffed," and "did not become aware of it until I was called back behind the courtroom."
"I wanted this individual removed because he needed a time out," Flanagan said, according to the transcript. "That's all he needed. That's all I intended. I never imagined he would be handcuffed to a chair behind the courtroom, and I wasn't present when did it -- when he was handcuffed."
Flanagan said the proceedings have been launched against her "on the basis of a partial transcript" which she said contained false statements.
"The incident has consumed the Cook County legal and judicial community for weeks," Flanagan said in her statement, according to the transcript.
"I have been having to constantly defend myself against the lies about this incident."
She further asserted the investigation has been conducted unfairly and in a way that often allegedly left her uncertain of the charges and status of the proceedings.
"The incredible toll that this has taken on my 35-plus year judicial career is immeasurable," Flanagan said, according to the transcript. "Where do I go to retrieve that? Where do I begin to have this put aside during retention, which I'm up for retention (sic)."
She used the statement to tout her work overseeing the Law Division, particularly her work to "clear the backlog of inactive cases." In the past seven months, she asserted, pending cases in the Law Division have been reduced to "18,000 some odd cases," a figure she said that "has never been so low," according to the transcript.
She said she has received a "groundswell of support" from attorneys and judges alike concerning the incident and the investigation.
"This incident did not involve any aspect of judicial corruption, criminal behavior, I wasn't arrested, I wasn't out drunk driving, I didn't beat my spouse, I wasn't getting paid off," Flanagan said, according to the transcript. "There is nothing."
She further criticized the investigation, saying it sends a poor message to "judges, attorneys and all other participants" in the courts.
"All you have to do is disagree with a ruling, continue to disagree, continue to talk over your judge, have a hissy fit, have a tantrum, and you are then in charge of destroying a judge's career?" Flanagan said. "You can get a judge pulled from a case or pulled from a division or pulled from an assignment? Where would that practice end? Where and how would perhaps one group of attorneys exert improper influence over the selection of judges and what divisions they run or what assignments they have? They would begin to inundate the Office of the Chief Judge with petitions to remove this one, to remove that one, to send this one to the JIB, etc.
"This message should not be allowed to be sent and the opposite message should be," Flanagan said, according to the transcript.
She then reportedly asked the Executive Committee to allow her to be "fully exonerated" and not impose any discipline or refer the matter to the JIB.
The Executive Committee, however, referred the matter to the JIB for further investigation.
If the JIB determines the allegations against Flanagan hold merit, the JIB can refer the matter to the Illinois Courts Commission for professional action against the judge.
At the same time, the Executive Committee also referred Schneiderman to the Illinois Attorney Registration and Disciplinary Commission for investigation of his alleged conduct during that hearing. The ARDC, which regulates attorney conduct, could recommend Schneiderman face discipline from the Illinois Supreme Court.
Schneiderman did not enter a statement during the June 3 hearing, according to the transcript.
Neither Schneiderman nor one of the attorneys representing Flanagan in the action replied to emails from The Cook County Record seeking comment on the matter.