SPRINGFIELD - The Illinois Supreme Court gave former Madison County Administrator Doug Hulme and former Technology Director Rob Dorman an outside judge for a day to decide if they require an outside judge for good.
On Feb. 6, the Supreme Court justices ordered Third Circuit Chief Judge Stephen Stobbs to ask their administrative office for a judge of another circuit.
That judge will hear petitions to disqualify all Third Circuit judges from two suits.
One suit alleges a task force of police from Edwardsville, Alton, Granite City and Collinsville violated the rights of Hulme and Dorman.
The other suit alleges the Madison County Board’s terminations of Hulme and Dorman violated a constitutional ban on legislation that imposes punishment without a trial.
In October, Stobbs assigned the disqualification petitions to Circuit Judge Chris Bauer of Bond County, the only other county in the Third Circuit.
Michael Lawder of St. Louis, counsel to Hulme and Dorman, petitioned the Supreme Court for a supervisory order against Bauer’s assignment in January.
Lawder wrote that Hulme worked for former County Treasurer Kurt Prenzler and that upon Prenzler’s election as county board chairman in 2016 he appointed Hulme as administrator.
He wrote that Prenzler appointed Dorman in 2016.
“Both were Republicans who promised to root out corruption which upset the Democratic office holders in Madison County including but not limited to State’s Attorney Tom Gibbons,” he wrote.
Lawder wrote that in 2018, Gibbons and Assistant State’s Attorney Crystal Uhe convened what Gibbons called a public corruption task force.
He wrote that their investigation involved judges and many personnel of the Third Circuit.
He wrote that various police agencies interviewed more than 100 persons at the courthouse.
“For nearly two years the Third Judicial Circuit was plagued by gossip and innuendo about what state’s attorney Gibbons was doing,” he wrote.
Lawder wrote that judges discussed it at their meetings.
He wrote that out of circuit judges were appointed to hear various matters.
He added that judge Jerry Crisel of Mount Vernon determined that Gibbons should not continue to prosecute the matter.
He wrote that all requests for search warrants were sent out of circuit.
After Crisel removed Gibbons, attorney general Kwame Raoul acted as prosecutor.
Lawder wrote, “This investigation ultimately ended in 2019 with no prosecution of either Hulme or Dorman and no charges ever being brought.”
He wrote that Hulme and Dorman were fired in 2020 based upon improper use of evidence from the investigation.
In 2021, Lawder filed their suit against the cities and attorney Thomas Maag of Wood River filed their suit against the county.
Lawder wrote that he petitioned to disqualify all Third Circuit judges in January 2023, and Circuit Judge Sarah Smith denied it last February.
He moved for reconsideration, and Smith held a hearing last July.
Lawder wrote that Smith entered an order in September for an out of county judge “for purposes of hearing and ruling on the petition for change of judge only.”
Smith asked Stobbs to ask the Supreme Court to make the assignment.
Stobbs made the assignment himself and chose Bauer, who set a hearing Jan. 9.
Hulme and Dorman exercised a right to substitute Bauer in the suit against the cities.
Illinois allows any party to substitute a judge once without cause if the judge hasn’t made a substantive ruling.
At the hearing Bauer granted substitution in the suit against the cities and set a hearing in March on the suit against the county.
Lawder petitioned the Supreme Court for a supervisory order that day.
He quoted a precedent that a petition seeking to change venue from more than one judge must contain specific allegations to support charges of prejudice.
“Movant has done that here,” he wrote.
“To be sure, much of the difficulties and problems plaintiffs have had is to get a fair shake in the Madison County Circuit Court,” he added.
Lawder wrote that prejudice is as acute as when the task force operated.
He asked the Supreme Court justices to assign a judge for a disqualification hearing or simply assign a judge to hear the case through trial.
The justices chose the less drastic measure.