As if we needed another reason not to appoint or elect incompetent or corrupt judges! Here’s another: When their incompetence or corruption becomes public knowledge, all prior decisions become subject to challenge.
Some decisions are likely to have been justified. Nevertheless, all become suspect, because “his honor” has been shown to be less than honorable, at least on occasion. What felon could fail to recognize the tarnishment of a presiding judge as opportunity for reconsideration of his own conviction?
For the unfairly convicted, this is a good thing. For those who got what they deserved, it’s a serious problem for the rest of us. Legitimate convictions might be overturned and the guilty parties released to prey on the law-abiding once again. Slam-dunk cases might have to be readjudicated, pointlessly wasting more taxpayers’ dollars. Ultimately, the sheer scandal of the situation could encourage disrespect for the law and lead to further criminality in our communities.
This is the legacy of corrupt, disgraced, former St. Clair County Judge Michael Cook.
In 2013, Cook pled guilty to heroin possession, but received a sentence of only two years in prison – even though he was implicated in the drug-overdose death of a fellow jurist.
Fifth District appellate judges reversed Cook three times in the four months after his sentencing – twice for failing to give proper consideration to motions from prisoners claiming incompetent counsel. Circuit Judge Robert Haida overturned two murder convictions obtained in Cook’s courtroom.
Marvin Parker was convicted of armed violence, aggravated battery, and attempted armed robbery in 2011 and sentenced by Cook to 29 years in prison. Last year, the Fifth District appellate court ruled that a St. Clair County judge must give Parker a chance to show that Cook’s heroin addiction deprived him of a fair trial.
Last month, Fifth District appellate judges ruled that Cook either didn’t know or didn’t follow the law on jury selection at a murder trial in 2013.
There’s another potential perp that might be let loose on us. When will we learn to judge judges?