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Saturday, November 2, 2024

Petitions seek unsealing of expunged records of chief judge and wife

Attorneys & Judges
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Gleeson

(Editor's note: This article has been updated).

BELLEVILLE – Brad Van Hoose of Belleville claims in circuit court that judges sealed and expunged cases to protect Chief Circuit Judge Andrew Gleeson. 

Van Hoose, a self-described independent legal researcher, filed two petitions for public access in circuit court, one against Gleeson on Nov. 17, and one against his wife Denise Chomicki on Nov. 16. 

The petition against Gleeson alleges that he or a fellow judge sealed cases prior to an appointment as associate judge and before he was elected circuit judge, “to hide his conduct from the voting public.”  

Van Hoose provided file numbers showing charges of driving under the influence from 1994 and 1999. 

He didn’t specify the date of the sealing. 

Circuit judges appointed Gleeson as associate judge in 2003, 2007, and 2011.

“Petitioner believes and asserts that Judge Gleeson’s actions were a conflict of interest and self dealing,” Van Hoose wrote. 

He claims the public has a right to know the background of a judge who judges others. 

He claims the statutory process for sealing was not followed in large part. 

Voters first elected Gleeson, Democrat, as circuit judge in 2012. He ran unopposed

Van Hoose’s petition against Chomicki alleges that she was arrested on April 8, 2018, on a charge of driving under the influence and lesser traffic violations. 

At the time, Gleeson stood for retention near the close of the six-year term he won in 2012. 

Van Hoose wrote that Gleeson brought in special prosecutor David Rands and assigned the Chomicki case to former judge Dennis Doyle in Monroe County. 

He wrote that it was reassigned to former judge Janet Hormberg in St. Clair County. 

He wrote that in August 2018, Rands dismissed the charge of driving under the influence and continued the lesser charges to Nov. 12, 2018.

Gleeson was retained by voters to another term on Nov. 6, 2018.

Chomicki pleaded guilty Nov. 21, 2018, to improper lane usage and received a small fine and 30 days on supervision. 

The case was sent to Circuit Judge Zina Cruse for an expungement hearing, “where it disappeared from public view in February 2019,” Van Hoose wrote. 

This Nov. 22, Circuit Judge John O’Gara assigned Van Hoose's petition against Gleeson to Associate Judge Eugene Gross of Randolph County.

O’Gara transferred it in his capacity as acting chief. 

According to O’Gara, Circuit Judge Robert Haida fills the acting chief position when Gleeson is out of the courthouse, and O’Gara fills the position when both Gleeson and Haida are away. 

In an interview on Nov. 30, Gleeson said he had no comment on Van Hoose's petitions except it was curious that the petitions followed a disciplinary ruling against lawyer Margaret Lowery.

“The retaliation starts again,” Gleeson said. 

A hearing board recommended 60 days on suspension for Lowery, finding she was less than truthful in answering questions of attorney regulators. 

Gleeson filed the complaint that led to the investigation, but the hearing board found her conduct didn’t harm him.

In response to Gleeson's remarks, Lowery's attorney Adrian Vuckovich of Chicago provided this statement:

"Judge Gleeson’s comments are out of place and misguided. He should stop blaming Margaret Lowery for his problems. Whatever problems Judge Gleeson may have, and they appear to be serious, are of his own doing. Margaret Lowery has not ever appeared before Judge Gleeson as an attorney. Ms. Lowery was exonerated on charges (initiated by Judge Gleeson) that she posted negative comments about the Judge. Ms. Lowery is a hard-working lawyer who intends to focus on her law practice and other important matters. At this point, we would hope that Judge Gleeson stops fixating on Ms. Lowery and moves on with his life."

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