Saturday, March 10, 2018

Organizing the Data: 13th Subcircuit - Lawrence Vacancy

Updated March 14, 2018
Two candidates filed in the Republican primary for this vacancy; only one candidate filed in the Democratic primary. The Republican candidates are listed first.

Republican Candidates

Daniel Patrick Fitzgerald - #153



Campaign Website

Tribune Questionnaire

ICJL Questionnaire

Bar Association Evaluations

The Chicago Bar Association says:
Daniel Patrick Fitzgerald is “Not Recommended” for the office of Circuit Court Judge. Mr. Fitzgerald was admitted to practice law in Illinois in 1991 and is currently senior in-house counsel for a large corporation. Mr. Fitzgerald has worked as an in-house counsel for twelve (12) years and represents the company in a variety of civil litigation matters. Mr. Fitzgerald’s prior legal experience includes: serving as a law clerk to a Cook County Chancery Court Judge (2 years); Chicago’s Office of Inspector General (3 years); General Counsel, Illinois Racing Board (3 years); and Assistant Illinois Attorney General (6 years). While Mr. Fitzgerald has had a broad range of experience, his court and trial experience is limited. He does not possess the depth and breadth of legal knowledge and practice to effectively serve as a Circuit Court Judge.
The Chicago Council of Lawyers says:
Daniel P. Fitzgerald was admitted to the Illinois Bar in 1991. Since 2005, he has worked as a litigation attorney for the Walgreen Company, where he currently serves as Senior Counsel. He focuses on health care litigation but has also handled employment law and environmental law cases. Previously, he was Chief Legal Counsel and Chief of the Bureau of Administrative Litigation of the Office of the Inspector General, Illinois Department of Health Care and Family Services (2002-2005); General Counsel to the Illinois Racing Board (1999-2002); Assistant State’s Attorney in the Illinois Attorney General’s Office (1993-1999); and Judicial Law Clerk in the Cook County Circuit Court, Chancery Division (1991-1993).

Mr. Fitzgerald is considered to have good legal ability with a wide range of litigation and other legal experience. He has handled complex litigation on his own and as a supervisor of outside counsel. His is reported to possess a good temperament. The Council finds him Qualified for the Circuit Court.
The Illinois State Bar Association says:
Daniel Patrick Fitzgerald was admitted to the Illinois bar in 1991. He is currently a litigation attorney for the Walgreen's Corporation, focusing on health care litigation from case evaluation to settlement. Prior to that position, he was on the staff of the Office of inspector General, Illinois Department of Healthcare and Family Services; General Counsel for the Illinois Racing Board; and an assistant attorney general. Attorneys reported that he has a thorough understanding of the entire legal process, and is very good at analyzing legal issues, with high integrity. He has been active with the Northwest Suburban Bar association and active with civic affairs in Barrington Township. Mr. Daniel Patrick Fitzgerald is found to be Qualified for election to the Circuit Court of Cook County.
Other Bar Association Evaluations:
Asian American Bar Association of the
Greater Chicago Area
Qualified
Black Women Lawyers’ Association of Greater ChicagoNot Evaluated
Cook County Bar AssociationRecommended
Decalogue Society of LawyersRecommended
Hellenic Bar AssociationRecommended
Hispanic Lawyers Association of IllinoisQualified
Lesbian and Gay Bar Association of ChicagoRecommended
Puerto Rican Bar Association of IllinoisRecommended
Women’s Bar Association of IllinoisRecommended

Endorsements
Cook County Republican Party, 13th Subcircuit Committeemen
Highly Recommended - Illinois Civil Justice League

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Michael Perry Gerber - #154



Campaign Website

Tribune Questionnaire

Bar Association Evaluations

The Chicago Bar Association says:
Judge Michael P. Gerber is “Highly Qualified” for the office Circuit Court Judge. Judge Gerber was admitted to practice law in Illinois in 1980 and served as a Cook County Assistant Public Defender for four years and as a Cook County Assistant State’s Attorney for 32 years before his appointment to the Circuit Court in 2016. Judge Gerber is highly regarded for his knowledge of the law, judicial ability, commitment to fairness, and excellent temperament.
The Chicago Council of Lawyers says:
Hon. Michael P. Gerber was admitted to the Illinois Bar in 1980. He was appointed to the bench as a Circuit Judge by the Illinois Supreme Court in 2016. He presides over criminal misdemeanors, felony preliminary hearings, and traffic matters. Previously, he worked as an Assistant State’s Attorney in Cook County, where he prosecuted criminal matters (1984-2016); an Assistant Public Defender in Cook County (1981-1984), where he handled motions and trials and, during his last 18 months there, felony preliminary hearings; and as an associate for Martin S. Gerber (1980-1981), where he handled civil municipal and misdemeanor cases in the Circuit Court of Cook County.

As a lawyer, Judge Gerber was considered to be an outstanding practitioner with very good legal ability and temperament. He was respected for his litigation skills and he had substantial litigation experience in more complex matters. He is reported to be exceptionally knowledgeable. As a judge he is reported to be handling a high volume call with efficiency and fairness. On the basis of this 2017 evaluation the Council would have found Judge Gerber to be Well Qualified.

However, subsequent to the evaluation the Council conducted in 2017, the Council notes that a post conviction judge vacated a murder case conviction that then Mr. Gerber had prosecuted many years earlier. In vacating the conviction, the judge stated in regard to Mr. Gerber, as the prosecutor, that he had made “factually false arguments to the jury” about a key piece of evidence. The judge further stated,

"This Court cannot say the prosecutor's improper remarks did not contribute to petitioner's conviction; a jury could have reached a contrary verdict had the improper remarks not been made. * * * Indeed, such statements amounted to a purposeful due process violation that led to petitioner's conviction. As such, petitioner was prejudiced by appellate counsel's failure to raise this claim."
The defendant was exonerated. The Council considers these findings to be exceptionally serious. However, the Council also must consider the totality of Judge Gerber’s well-respected career. In a close call, the Council finds Judge Gerber to be Qualified for the Circuit Court.
The Illinois State Bar Association says:
Michael Perry Gerber was admitted in 1980. He was appointed to the Circuit Court in 2016, and is currently assigned to the Second District (Skokie) as a Municipal Department judge. Prior to his appointment, he spent over thirty years as an assistant state's attorney after a short stint in private practice and as an assistant public defender. As a prosecutor, he had extensive criminal jury trial experience; he was cited, however, several times for improper closing arguments. As a judge, attorneys report that he makes thoughtful rulings, is very knowledgeable, researches the law and runs his courtroom efficiently. Judge Gerber is found to be Highly Qualified for election to the Circuit Court of Cook County.
Other Bar Association Evaluations:
Asian American Bar Association of the
Greater Chicago Area
Qualified
Black Women Lawyers’ Association of Greater ChicagoRecommended
Cook County Bar AssociationRecommended
Decalogue Society of LawyersHighly Recommended
Hellenic Bar AssociationRecommended
Hispanic Lawyers Association of IllinoisQualified
Lesbian and Gay Bar Association of ChicagoNot Evaluated
Puerto Rican Bar Association of IllinoisRecommended
Women’s Bar Association of IllinoisRecommended

Endorsements
Chicago Tribune
The Advocates Society (recommended)
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Democratic Candidate

Shannon P. O'Malley - #152

No Campaign Website or Campaign Facebook Page known. (According to ARDC, Mr. O'Malley, who has been licensed in Illinois since 1992, was originally licensed as Phillip Spiwak.)

Bar Association Evaluations

The Chicago Bar Association says:
Shannon P. O’Malley declined to participate in the Judicial Evaluation Committee (JEC) screening process and, therefore, according to The Chicago Bar Association’s governing resolution for the JEC, is automatically found NOT RECOMMENDED.
The Chicago Council of Lawyers says:
Shannon P. O’Malley did not participate in the evaluation process. The Council finds her Not Recommended for the Circuit Court.
The Illinois State Bar Association says:
Shannon P. O’Malley declined to participate in the judicial evaluation process. Pursuant to ISBA guidelines, Mr. Shannon P. O’Malley is found to be Not Recommended for election to the Circuit Court of Cook County.
Other Bar Association Evaluations:
Asian American Bar Association of the
Greater Chicago Area
Not Recommended
Black Women Lawyers’ Association of Greater ChicagoNot Recommended
Cook County Bar AssociationNot Recommended
Decalogue Society of LawyersNot Recommended
Hellenic Bar AssociationNot Recommended
Hispanic Lawyers Association of IllinoisNot Qualified
Lesbian and Gay Bar Association of ChicagoNot Recommended
Puerto Rican Bar Association of IllinoisNot Recommended
Women’s Bar Association of IllinoisNot Recommended

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