Illinois 4

LEAGUE OF WOMEN VOTERS of McLean County

Guide for

JUDICIAL

ELECTIONS 2008

LEAGUE OF WOMEN VOTERS’

GUIDE FOR JUDICIAL ELECTIONS 2008 The League of Women Voters of McLean County is proud to present this Voters’ Guide for Judicial Elections. Traditionally, it is difficult for voters to get helpful information on judicial candidates who are on the ballot for election and retention. This guide is designed to fill that void. We hope that you, the voter, will read the information in this guide carefully and use it when you vote. The guide includes biographical information about the three judges running for election for Circuit Court and the three judges running for retention, which requires a 60% majority. Also included are judges’ responses to two questions, as well as the results from attorney surveys sent by both the McLean County League of Women Voters and the Illinois Bar Association.

The Illinois Court System The Illinois Constitution guarantees every resident his or her day in court “for injuries and wrongs which he may receive to his person, privacy, property, or reputation.”

The judiciary in Illinois is composed of three levels: Circuit Courts, Appellate Courts, Supreme Court. Circuit Court is the “court of original jurisdiction” and is the trial court in Illinois. McLean County is in the eleventh judicial circuit. The Circuit Court • can decide, with few exceptions, any kind of case. The exceptions are redistricting of the general assembly and the ability of the governor to serve or resume office. • is comprised of elected Circuit Judges and appointed Associate Judges. __________________________________

Appellate Court hears appeals from the Circuit Court. McLean County is in the fourth district and has seven Appellate Judges. The Appellate Court • reviews transcripts of the trial and briefs filed by interested parties, considers oral arguments from lawyers, and determines if the law was correctly applied by the trial court. • sets precedent for the circuit courts in their region on the proper way to apply the law.

The Supreme Court is the highest court in Illinois and the ultimate court of review with responsibility for the interpretation of state laws and the Illinois Constitution. It has seven justices.

The Supreme Court • has general administrative and supervisory authority over all courts in the state. • hears appeals from lower courts. • may exercise original jurisdiction in cases relating to revenue, mandamus, prohibition or habeas corpus. __________________________________

All elected Illinois Judges are • elected on an at-large basis in each of the counties of their judicial circuit or are elected on a resident basis in their respective county. • placed on a regular election ballot the first time; thereafter are placed on a retention ballot and must win by 60% to retain their position.

Judge Jennifer H. Bauknecht Running for Election

Education

• John Marshall Law School, Juris Doctorate, 1994 • University of Illinois, Bachelor of Liberal Arts & Sciences, 1990 Admitted to the Illinois Bar--October, 1994

Job History • Associate Judge of the 11th Judicial Circuit, 2005-July 2008 • Blakeman, Schrock & Bauknecht, Ltd., Pontiac, IL. Associate, 1996-2000; Partner, 2000-05 • Hinshaw & Culbertson, Chicago, IL Associate, 1994-96

• Coregis, formerly Crum & Forster Managers Corp., Chicago, IL Senior Claims Rep, 1992-94 • The Royal Insurance Company, Aurora, IL Claims Rep, 1990-92

Civic and Community Activities

• Livingston County Youth Improvement Team, 2005-present

• Livingston County Commission on Child and Youth, 2005- present

• OSF St. James Medical Center, Community Advisory Board Member, 2001-present • United Way of Pontiac Board Member, 1999-2002, President 2002; Campaign Director-2001

League Questions & Judge’s Responses 1. In what ways do you think the justice system could be improved? Throughout my life, in the various jobs and positions that I have held, I have always tried to leave things a little bit better than when I came. Never has that been more important to me than now as I look forward to this new endeavor. Before me, I see a system that runs smoothly and works well. Yet, there are always opportunities for improvement from systems and procedures to assignments and scheduling and updating from old technology to the new and latest technology. The challenge for all of us is to identify those opportunities for improvement and work together to better serve the public. 2. What professional, civic and other life experiences have you had that you believe qualifies you for this elective office? To me, serving as Resident Circuit Judge means more than rendering justice fairly and impartially in the courtroom. It is a position that carries a unique opportunity and responsibility to make our community a better place for everyone, particularly the children and youth. Through my past and current involvement with various civic organizations, I have seen that people working together for the good of others can make a positive difference in the quality of life we have here in Livingston County. As Resident Circuit Judge, I will remain connected to our community’s needs and pledge to be a positive influence on our citizens through my actions both inside and outside of the courtroom.

Judge Robert Freitag Running for Election

Education

• University of Illinois College of Law Juris Doctorate, 1987

• Illinois State University B.S. in Political Science, Magna cum Laude, 1984

• Moraine Valley Community College, Associate Arts Degree, with Honors, 1981

Admitted to Illinois Bar--November 5, 1987

Job History • State of Illinois, Eleventh Judicial Circuit Associate Circuit Judge, 2000-present • McLean County State’s Attorney’s Office Assistant State’s Attorney, 1991-2000

• Woodford County State’s Attorney’s Office Assistant State’s Attorney, 1990-91 • McLean County Public Defender’s Office Assistant Public Defender, 1989-90 • Anthony Novak and Associates Associate attorney, 1987-89

Civic and Community Activities

• United States Army Reserve Major, Judge Advocate General’s Corps (Depolyed to Iraq 2005-2006) • Volunteer Firefighter/EMT, Carlock Fire Protection District

• Illinois State University Alumni Association, Board of Directors • Bloomington Kiwanis Club

• Pack Leader/Chairman, Carlock Cub Scout Pack 44 • Coach/Umpire, Carlock Youth Softball League

• Parent volunteer, St. Patrick Church of Merna Youth Ministry

League Questions & Judge’s Responses 1. In what ways do you think the justice system could be improved? The justice system must be responsive to the societal conditions that cause crowded court dockets, such as offenders who abuse drugs or have mental health issues. To improve the system, we must continue to develop and improve treatment courts in these areas. I am proud to have been involved in the drug court movement in McLean County from the beginning, and am currently involved in developing a mental health court. By addressing these segments of the population, we can create avenues to remove appropriate offenders from the traditional criminal courts and provide a more effective deterrent by addressing their underlying drug or mental health issues. 2. What professional, civic and other life experiences have you had that you believe qualifies you for this elective office? I have had the privilege of serving the citizens of the Eleventh Circuit as an associate judge for the past 7 ½ years, and I believe that experience is indeed the best preparation for the additional responsibilities of serving as a Circuit Judge. Throughout my adult life, I have striven to provide service for my family, community, and my country. My military service, as well as my civic volunteer activities, have been very personally fulfilling for me. I believe that first and foremost, a judge is a public servant, and I believe that my commitment to providing public service evidenced by my past activities has prepared me well to continue that service in this elective office.

Judge Thomas M. Harris, Jr. Running for Election

Education

• University of Colorado, J.D.-1988 • University of Illinois, BA.-1985 Admitted to the Bar--1988

Job History • Associate Judge, 2007-present

• Jerome Mirza and Associates (civil trial practice), 1991-2007

• Logan Co. State’s Attorney’s Office (part time prosecutor), 1989-91 • Harris & Harris (general practice law firm), 1988-91

Civic and Community Activities

• Chester-East Lincoln School Board, 2004-07 • Illinois Bar Foundation Board of Directors

• Prairie State Legal Services, pro bono attorney

League Questions & Judge’s Responses 1. In what ways do you think the justice system could be improved? Individuals brought into court sometimes distrust the legal system. This is probably in part due to a lack of understanding as to the law and the procedures that control their case. To address this problem, judges should use greater care, especially where the party is not represented by a lawyer, to explain the procedures and the law to the litigants. If a party does not understand why a ruling was made, there is less of a chance that she will respect it or even abide by it. However, if the judge goes out of his way to explain the process, the law, and his ruling, in lay terms, there is a greater chance that the litigant will leave the courthouse feeling that she has been treated fairly. 2. What professional, civic and other life experiences have you had that you believe qualifies you for this elective office? I believe my work as a trial lawyer has given me both the knowledge and experience to be a good trial judge. A trial judge must be familiar with the rules of evidence and he must be capable of quickly ruling on objections. In addition, I believe my work for charitable and civic groups has allowed me greater empathy for individuals who are living on the margins in our society.

Judge G. Michael Prall Running for Retention

Education

• Illinois College of Law, J.D.-1972 • University of Illinois, B.A.-1969 Admitted to the Bar--1972

Job History • Circuit judge, 1996-present

• Associate Circuit Judge, 1991-96

• Private practice, Bloomington, Illinois, 1977-91 (practicing in civil and criminal courts)

• Logan County, Assistant State’s Attorney, 1976-77

• Fourth District Statewide Appellate Prosecutors Office, principal attorney, 1975-76

• Circuit Attorney Project, staff attorney, attorney-in-charge, 1972-75

Civic and Community Activities • Washington School PTO

• American Legion Baseball

• Prairie City Soccer League • Youth Impact

• Eucharistic minister, St. Patrick’s Church of Merna

League Questions & Judge’s Responses 1. In what ways do you think the justice system could be improved? I am a strong supporter of the many programs and initiatives of the Eleventh Circuit Court which will serve to improve our court system for the benefit of the citizens of the Circuit including: McLean County Drug Court; Family Coordinating Council; Juvenile Detention Alternative Initiatives; Legal Self-Help Center; Mental Health Court Initiative; Pre-Trial Services/Jail Population Review; and Truancy Review Board. 2. What professional, civic and other life experiences have you had that you believe qualifies you for this elective office? I am a member of the McLean County Bar Association, Illinois State Bar Association, Illinois Judges Association and the Robert C. Underwood Inn of Court where I served as president in 2005-2006. I am currently the presiding judge of the civil division of the McLean County Circuit Court. I previously served as presiding judge in both the criminal and family divisions of the court. I have served on numerous committees of the court and am currently co-chair of the jury commission. I also served on the judicial committee that developed the Judicial Pandemic Plan for McLean County.

I published an article and was a faculty member for the Judicial Domestic Violence Seminar of the Administrative Office of the Illinois courts. I have also served as a presenter or faculty member for the following: Illinois State Bar Association Law Ed. Series; Illinois Department of Alcoholism and Substance Abuse, Judge’s DUI Training Program; Illinois State’s Attorney’s Association.

Judge Charles Reynard Running for Retention

Education

• Loyola University College of Law, J.D., 1974 • St. Joseph’s College, B.A., English, 1968 Admitted to the Bar--1974

Job History • • • • • • •

Circuit Judge of the Eleventh Judicial Circuit, 2002-present State’s Attorney of McLean County, 1987-2002 Private general practice of law, 1978-1987 McLean County Assistant Public Defender, 1978-1983 Adjunct Professor of Legal Studies, Illinois State University, 1977-92 McLean County Assistant State’s Attorney, 1975-1978 Private general practice of law, 1974-1975

• • • • • • • • • • • •

Founding Chair and Member, McLean County Children’s Advocacy Center Board of Directors Co-founder, Court Appointed Special Advocates (CASA) Program Youth Impact Community Compact Co-founder, Domestic Violence Task Force Illinois Violence Prevention Authority Fight Crime: Invest in Kids Illinois, Co-chairman National Judicial Education Program (National Organization of Women) Domestic Violence Training & Curriculum Task Force for 2007 Ed., Model Domestic Violence Protocol for Law Enforcement, Prosecution, and the Judiciary Topic Editor, Ill. Judicial Benchbook on Domestic Violence Committee (2007 Ed., Admin. Office of the Ill. Courts) Faculty, Judicial Educ. Division, Admin. Office of the Ill. Courts Workshop presenter to residents of juvenile detention centers in McLean and Cook Counties

Civic and Community Activities

League Questions & Judge’s Responses 1. In what ways do you think the justice system could be improved? Reducing delay in court proceedings is an important priority. “Justice delayed is justice denied.” Judges, lawyers, and court staff can continue to work together to improve the justice process. Technology and interdisciplinary collaboration have produced many improvements. More can be done. We need additional community resources supporting alternative dispute resolution, drug court and domestic violence court programs, victimoffender conferencing programs, as well as to continue expanding judicial outreach to schools and community organizations for community justice education. We should continue to develop and implement evidence-based practices, i.e., those practices that empirical research establish as effective to reduce criminal recidivism, particularly by collaboration with community organizations, local universities, and local agencies. 2. What professional, civic and other life experiences have you had that you believe qualifies you for this elective office? My professional experiences have given me a balanced approach to my judicial responsibilities. Representing criminal defendants, as well as crime victims, gave me a respect for both prosecution and defender roles in the courtroom. Representing children, as victims and as offenders, sensitizes me to the special needs of this population. My civic and community experiences, including management experiences, have demonstrated what the justice system can do in collaboration with community organizations. Examples include: Domestic Violence Task Force; current resources for court diversion programs; CASA program; local child support enforcement program; internship programs; job shadowing programs; community child abuse prevention efforts.

Judge James E. Souk Running for Retention

Education

• University of Illinois College of Law, J.D. with honors, 1974 • West Virginia University, B.A. with high honors, 1966 Admitted to the Bar--1974

Job History • Circuit Judge, 2002-present

• 11th Judicial Circuit, Associate Judge, 1997-2002

• McLean County State’s Attorney’s Office, Assistant State’s Attorney & Chief Prosecutor, Felony Division, 1991-97 • Dobrovolny & Souk, partner, 1979-91

• Champaign County, Assistant State’s Attorney, 1976-79 • Jenner & Block, associate, 1975-76

• Illinois Supreme Court, law clerk for Chief Justice Robert C. Underwood, 1975-76 • Champaign County State’s Attorney’s Office, law student intern, 1973

Civic and Community Activities

• Home Sweet Home Mission Board of Directors • Youth Impact Board

• McLean County Child Protection Network Board • Kiwanis

• Baby Fold Treatment Advisory Committee

• Workshop presenter to residents of juvenile detention centers in McLean and Cook Counties

League Questions & Judge’s Responses 1. In what ways do you think the justice system could be improved? The successful implementation of the McLean County Drug Court has been encouraging. Such specialty courts may be useful for other types of cases, such as domestic violence and mental health, so expanded use of specialized courts should be fully explored. Electronic monitoring should be available to enable judges to fashion the fairest possible sentences and to best utilize our jail facilities. Jury service can prove burdensome and judges, lawyers and court personnel should exercise greater diligence to insure that jurors are utilized efficiently and that the sacrifices required of jurors are minimized. The judicial process moves too slowly at times and judges must exercise their authority to move cases to completion as soon as possible. The interest of the public, as well as the litigants, is best served by the expeditious resolution of cases. 2. What professional, civic and other life experiences have you had that you believe qualifies you for this elective office? Prior to becoming a judge, my legal career involved a wide range of experiences, which were excellent preparation for my judicial career. Those include: a year as law clerk for Chief Justice Robert C. Underwood of the Illinois State Supreme Court; 12 years in private practice with extensive trial court practice in all types of cases heard by circuit judges, criminal, family, juvenile, adoption and civil; eight years as prosecutor trying 10 murder cases and more than 60 felony jury trials. The five years before appointment as an associate judge were spent as McLean County’s Chief Felony Prosecutor. During 11 years as a judge, the last as a Circuit Judge, I have been assigned to every division of the Circuit Court and now have significant experience hearing every type of criminal, civil and family case. My other life experience outside the law has been crucial in preparing me for my judicial duties and include: four years service as an Air Force officer; community service in many organizaions such as The Baby Fold, Home Sweet Home Mission, Kiwanis and the McLean County Child Protection Network; raising our large family of eight children.

MCLEAN COUNTY LEAGUE OF WOMEN VOTERS

Judicial Advisory Survey 2008 The McLean County League of Women Voters sent an advisory poll

to all licensed attorneys practicing law within the Eleventh Judicial Circuit. Attorneys were asked to respond only if they had been in front of the judge running for election or retention. The following graphs show the results of the survey. These results are based on a 1-5 scale with 1 = poor, 2 = below average, 3 = average, 4 = above average, 5 = excellent. Although there are clear differences in the ratings here, it should be noted that ALL judges achieved evaluations in the HIGH to VERY HIGH range in all areas.

Bauknecht

Freitag

Harris

Prall

Reynard

Souk

MCLEAN COUNTY LEAGUE OF WOMEN VOTERS

Judicial Advisory Survey 2008

Bauknecht

Freitag

Harris

Prall

Reynard

Souk

Bauknecht

Freitag

Harris

Prall

Reynard

Souk

MCLEAN COUNTY LEAGUE OF WOMEN VOTERS

Judicial Advisory Survey 2008

Bauknecht

Bauknecht

Freitag

Freitag

Harris

Harris

Prall

Prall

Reynard

Reynard

Souk

Souk

MCLEAN COUNTY LEAGUE OF WOMEN VOTERS

Judicial Advisory Survey 2008

Bauknecht

Freitag

Harris

Prall

Reynard

Souk

Bauknecht

Freitag

Harris

Prall

Reynard

Souk

Illinois State Bar Association Judicial Advisory Polls 2008 This advisory poll was sent to all ISBA members in the circuit or district from which a candidate seeks election. Attorneys are asked to respond only if they have sufficient knowledge about a candidate to give an informed opinion. To be recommended, candidates must receive 65% or more yes responses to the “Meets requirements of the office” question.

ELECTION & VOTING INFORMATION Voter Registration Information

Voter registration is a record of your qualification to vote. You must be registered appropriately before you can vote, sign nomination petitions, or sign petitions for questions of public policy.

Registration Requirements

You must be 18 years or older; a citizen of the United States; a resident of the precinct for at least 30 days before any election. You must present two forms of identification – one with name only and one with proof of address. If you register by mail, you must vote in person the first time and show identification.

Registration by Mail

Registration forms and instructions are available on line at becvote. org and mcleancountyil.gov/CountyClerk.

Registration Deadlines

You may register year round, except during the 27 days before an election and two days after an election.

Registration “Grace Period”

In 2006, a new law established “grace period” registration. Under this law you may register, in person, from the 27th to the 14th day before an election. If you register to vote using the “grace period” law, you must then vote at the site where you registered or by absentee ballot. You are not allowed to vote under the Early Voting law nor can you vote at your polling place on Election Day.

Change of Name or Address

You are required to re-register if you move or change your name. If you move within 28 days of an election but stay in the same precinct, you may vote if you sign an affidavit.

Change of Address

If you have moved within McLean County, you must either transfer your registration or re-register from your new address. This must be

done no later than 28 days before an election. You may do any of the following:

• Complete the back of your voter registration card and mail it to the Board of Election Commissioners. • Complete a change of address form, available at the Board of Election Commissioners web site, and mail it to the Board. • Notify the Board of Election Commissioners, in writing, of your address change.

Change of Name

If you change your name, you must cancel your former registration and re-register with a new application and a new signature.

Polling Places

Your polling place is on your voter registration card, or you may contact the Board of Election Commissioners, Normal City Hall, or the McLean County Clerk to locate your polling place.

Absentee Voting

You may be eligible to vote by mail if you will be away from your residence on Election Day. To vote absentee, you must be a registered voter and meet one or more of the following criteria: • You expect to be absent from McLean County on Election Day. • You are a college student temporarily living away from your home precinct. • You have election-related duties outside your home precinct. • You have jury duty on Election Day. • You are in jail waiting trial and are not currently serving a jail sentence. • You are hospitalized or incapacitated. • Your religious beliefs prevent you from voting on Election Day. You must apply no less than 30 days before the next election.

Early Voting

Early voting allows you to vote early without a specific reason. When you vote early, you must present a driver’s license or other government documentation which has your photograph. If you vote early, you may not vote on Election Day.

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Contact Information More information on voter registration or elections is available at: Board of Election Commissioners

115 E. Washington St., Rm. 403, Bloomington, IL 61701 (309) 888-5136 becvote.org

Town of Normal, City Clerk 100 E. Phoenix Ave., Normal, IL 61761 (309) 454-0509 or 454-0508 normal.org/gov/clerk/voterregistration.asp

McLean County Clerk’s Office 115 E. Washington St., Rm. 102, Bloomington, IL 61701 (309) 888-5932 mcleancountyil.gov/countyclerk

The League of Women Voters of McLean County lwvmclean.org

This voters’ guide is supported by a grant from The Program on Constitutional and Legal Policy of the Open Society Institute and The League of Women Voters Education Fund