COURTS COMMISSION OF THE STATE OF ILLINOIS In re JUDGE JAMES T. DOYLE, Circuit Court Judge of the No. 05 CC I Circuit Court of Kane County, 16th Judicial Circuit AMENDED COMPLAINT Pursuant to the provisions of Section 15(0) of Article VI of the Constitution of the State of Illinois, the Judicial Inquiry Board of the State of Illinois (?Board?) hereby amends its Complaint against Judge James T. Doyle (?Respondent?), the former Presiding Judge of the Special Resources Division of the Circuit Court of Kane County, Illinois, 16th Judicial Circuit, and the former Judge of the Kane County Drug Rehabilitation Court and Class and IV Drug Court, and charges Respondent with conduct that was prejudicial to the administration of justice and conduct that brought the judicial of?ce into disrepute. Summary Prior to the ?ling of the Board?s initial Complaint, Respondent was the Presiding Judge of the Special Resources Division of the Circuit Court of Kane County, Illinois, and the Judge of the Kane County Drug Rehabilitation Court and Class and IV Drug Court (?Kane County Drug Court?). During Respondent?s assignment to Kane County Drug Court, Respondent abused the powers of his of?ce by systematically violating the constitutional and statutory rights of criminal defendants, systematically violating several Judicial Canons and statutory provisions, and engaging in intemperate acts of intimidation, retribution, and vindictiveness in response to those who disagreed with the manner in which he presided over judicial proceedings. defendants: In particular, Respondent systematically violated the following rights of criminal The right to counsel pursuant to the Sixth and Fourteenth Amendments of the United States Constitution; The privilege against self?incrimination pursuant to the Fifth and Fourteenth Amendments of the United States Constitution; The right against deprivation of liberty and property without due process of law pursuant to the Fifth and Fourteenth Amendments of the United States Constitution; The right of indigent defendants to appointment of counsel pursuant to Section 109-1 of the Code of Criminal Procedure, 725 ILCS 5/ 109-1; The procedural rights of defendants pursuant to the Drug Court Treatment Act, 730 ILCS 166/ 1 et sec}; The right of defendants to substitution of judge pursuant to Section 1145 of the Code of Criminal Procedure, 725 ILCS 5/114-5; The right of defendants to speci?ed procedural protections prior to alteration of bail pursuant to Section 110-6 of the Code of Criminal Procedure, 725 ILCS 5/110-6 et seq.; and The right of defendants to con?dentiality of substance abuse treatment records pursuant to Section 290dd?2 of Title 42 of the United States Code and the accompanying regulations, and Section 30?5 of the Alcoholism and Other Drug Abuse and Dependency Act, 20 ILCS 301/30?5. Further, Respondent attempted to conceal the foregoing systematic violations of defendants? rights by questioning defendants either without a court reporter present or after instructing the court reporter to go off the record. In addition to the aforementioned systematic Violations of defendants? rights, Respondent, while presiding over the Kane County Drug Court, systematically failed to discharge his adj udicative and administrative responsibilities by: Mme? Kg '55. ?t 0 Failing to enforce orders of restitution and orders levying fines and costs by allowing defendants to graduate from the Kane County Drug Court without paying court-ordered restitution, ?nes, and costs; - Failing to properly document the activity of the Kane County Drug Court and maintain proper records for the Kane County Drug Court; 0 Admitting ineligible defendants to participate in the Kane County Drug Court in contravention of the Drug Court Treatment Act and the rules establishing the Kane County Drug Court; 0 Failing to ensure defendants with diagnosed mental health issues received proper treatment; and Failing to order DNA indexing of defendants in accordance with 730 ILCS 5/5 ?4-3 and the regulations thereunder despite the fact that defendants pled guilty to felonies as a condition of entry into the Kane County Drug Court; In addition, Respondent on separate occasions: Intimidated, threatened, and acted vindictiver towards defendants, probation of?cers, the Director of Court Services, the Public Defender, Assistant Public Defenders, and other lawyers; lntimidated and threatened a prospective juror based upon statements that juror made during voir dire; Interfered with the continuing operation of the Kane County Court Services Department; 0 Interfered with the operation of the Kane County Drug Court after his removal as Presiding Judge of the Kane County Drug Court; and Misused Kane County Resources and interfered with the operation of the Kane County Drug Court by using a member of the Kane County Drug Court staff to help prepare Respondent?s defense to allegations in the Complaint at times when that staff member was supposed to be working for the Kane County Drug Court. In so doing, Respondent failed to observe high standards of conduct so that the integrity and independence of the judiciary may be preserved; failed to respect and comply with the law; failed to conduct himself in a manner that promotes public con?dence in the integrity of mm fr! .m?r the judiciary; failed to maintain decorum in the proceedings before him; failed to conduct himself in a patient, digni?ed, and courteous manner; failed to accord every person with a legal interest in a proceeding before him or that person?s lawyer the right to be heard according to law; failed to perform his judicial duties without bias or prejudice; failed to abstain from public comment about pending cases; failed to diligently discharge the administrative duties of the court; and failed to ensure that staff, court of?cials, and others subject to the judge?s direction and control diligently discharged their administrative duties to the court. Respondent?s conduct was prejudicial to the administration of ustice and brought the judicial office into disrepute. Statement of Facts Respondent?s Background 1. From 1971 to 1976, Respondent was a police of?cer in the Western Suburbs of Cook County. 2. From 1976 to 1978, Respondent was an Assistant Public Defender. 3. From 1979 to 1981, Respondent was an Assistant State?s Attorney in Kane County. 4. From 1981 to 1984, Respondent was the head of the legal department for the City of Aurora. 5. From 1984 to 1988, Respondent worked in private practice. 6. In January 1989, Respondent was appointed Associate Judge of the Circuit Court of Kane County and was assigned to the Criminal Division where he remained until 1992. 7. In 1992, Respondent was elected a Circuit Judge of Kane County. 8. In 1992, Respondent was assigned to the Maj or Felony Division and remained in this assignment until 2001. 9. In or around August 2000, in addition to presiding over Major Felony Division cases, Respondent also became the Presiding Judge of Kane County Drug Court. 10. From September 2001 through December 2002, Respondent was re? assigned from the Maj or Felony Division to the division which handled Class and IV felonies, which included cases involving shoplifting and forgery. During this time, Respondent continued to serve as the Presiding Judge of the Kane County Drug Court. 11. In December 2002, Respondent?s assignment was changed to Presiding Judge of the Special Resources Division of the Circuit Court of Kane County, which includes Kane County Drug Court, the Domestic Violence Court, and the DUI Court. 12. Prior to September 13, 2004, defendants charged with Class and IV felonies and/or drug offenses, either in custody or released on bond, were assigned automatically to Respondent?s courtroom in Kane County Drug Court. Drug Courts Generally 13. In the late 19803, as part of an effort to reduce the incidence of drug use and drug-related offenses, jurisdictions around the country created ?drug courts.? 14. In January 1997, the National Association of Drug Court Professionals, in conjunction with the Drug Courts Program Of?ce, Of?ce of Justice Programs, US. Department of Justice, produced a publication entitled ?Defining Drug Courts: The Key Components? (hereinafter ?Key Component delineating the ten key components that are the basic elements characterizing effective drug court programs. 15. In May 2001, the National Drug Court Institute produced a publication entitled ?Ethical Considerations for Judges and Attorneys in Drug Court? (hereinafter ?Ethical Considerations?). fa 16. According to the Ethical Considerations and Key Components, drug courts are highly structured, treatment-oriented courts utilizing the collaborative efforts of a team of ?drug court professionals? which include the judge, attorneys, treatment providers, and court personnel. 17. Key Component No. 1 provides that the mission of drug courts is to stop the abuse of alcohol and other drugs and related criminal activity through an integration of treatment services and the criminal justice system. 18. Key Component No. 7 provides that in drug court, certain aspects of a judge?s role may differ from a judge?s role in the traditional adversarial court. Speci?cally, judges who preside over drug courts serve as the leader of the drug court professionals and participate in ongoing interaction with and supervision of drug court defendants. 19. Key Component No. 7 further provides that the judge?s active, supervisory relationship with the defendants in drug court contributes to the increased likelihood that a participant will remain in treatment and improves the chances for sobriety and law-abiding behavior. 20. The Ethical Considerations provide that the increased direct contact between judges and defendants in drug court inevitably creates an environment where defendants are vulnerable. 21. Thus, according to the Ethical Considerations, although a drug court udge?s role may differ from the judge?s role in a traditional courtroom, the ultimate responsibility for ensuring that drug court defendants receive a fair hearing in a dignified forum remains with the judge of the drug court. In fact, given the unique nature of drug court practice, this responsibility ?may be even greater for the drug court judge.? army ?ew/4% 22. The Ethical Considerations provide that the non-traditional nature of drug court proceedings does not relax a judge?s ethical obligation to comply with the Code of Judicial Conduct and drug court judges have a continuing responsibility to protect defendants? rights. 23. The Ethical Considerations provide that dealing ethically with issues that arise in presiding over drug court does not prevent a judge from effectively carrying out the mission of drug court. Instead, ?the success of drug courts depends on the trustworthiness and integrity of judges who serve in them.? Drug Court Treatment Act 24. On January 1, 2002, the Illinois Legislature enacted the Drug Court Treatment Act 730 ILCS 166/1 et seq, which authorizes the Chief Judge of each judicial circuit to establish an ?immediate and highly structured? judicial intervention process for substance abuse treatment of eligible defendants. 730 ILCS 166/10, l66/ 15 . 25. The stated purpose of the Act is to reduce the incidence of drug use, drug addiction, and crimes committed as a result of drug use and drug addiction. 730 ILCS 166/5. 26. The Act includes, inter alia, certain procedural mandates. 27. First, the Act requires that a defendant may be admitted into a drug court program only upon the agreement of the prosecutor and the defendant and with the approval of the court. 730 ILCS 28. Second, the Act provides that a defendant shall be excluded from a drug court if the defendant is charged with a crime of Violence as de?ned in the Act or has been convicted of a crime of violence as de?ned by the Act any time in the last ten years. 730 ILCS (4). 29. Third, the Act provides that a defendant shall be excluded from a drug court program if, inter alia, the defendant denies his or her use of or addiction to drugs or the defendant does not demonstrate a Willingness to participate in a treatment program. 730 ILCS 30. Fourth, a defendant shall be excluded from a drug court if that defendant has previously completed or has been discharged from a drug court program. 730 ILCS 166/20. 31. Fifth, the Act requires that prior to a defendant?s participation in the drug court program, the court shall order an eligibility screening and an assessment of the defendant by an agent designated by the State of Illinois to provide assessment services for the Illinois Courts. 730 ILCS 32. Sixth, the Act requires the drug court judge to inform the defendant that if the defendant decides to participate but fails to meet the terms and conditions of the drug court program, eligibility to participate may be revoked and the defendant may be sentenced or the prosecution continued. 730 ILCS 33. Seventh, the Act requires the defendant to consent in writing to participation in the program and to all the terms and conditions of the program, including but not limited to the possibility of sanctions or incarceration for failing to abide by or comply with the terms of the program. 730 ILCS 34. Eighth, the drug court program shall include a regimen of graduated requirements, rewards, and sanctions, including, but not limited to fines, fees, costs, restitution, and incarceration of up to 180 days. 730 ILCS 35. With respect to hearings on sanctions, the Act provides that if the drug court ?nds from the evidence presented (including but not limited to the reports and proffers of proof from the drug court professionals), the defendant is not benefiting from or performing satisfactorily in the assigned program, has engaged in criminal conduct, or has otherwise violated the terms and conditions of the program, then the drug court may impose reasonable sanctions under the prior written agreement of the defendant. 730 ILCS 166/3 36. Upon successful completion of the terms and conditions of drug court, the drug court may dismiss the original charges against the defendant, successfully terminate the defendant?s sentence, or otherwise discharge the defendant from any further proceedings relating to the original prosecution. 730 ILCS Kane County Drug Court 37. Beginning in the late 1990s, various members of the Circuit Court for the Sixteenth Judicial Circuit began to meet to discuss the creation of a drug court in Kane County. 38. The Kane County Drug Court of?cially began operations in August 2000. 39. From the time of the creation of Kane County Drug Court until February 2, 2005, there were few, if any, local written rules, policies, or procedures governing the Kane County Drug Court. Specifically, there were few, if any, local written rules, policies, or procedures regarding, inter alia: 0 who was eligible for Kane County Drug Court; 0 how many defendants were allowed into Kane County Drug Court; 0 how a defendant entered into Kane County Drug Court; 0 the rights a defendant waived upon entering Kane County Drug Court; 0 the terms and conditions of Kane County Drug Court; a the system and procedure for sanctions for violating the terms and conditions of Kane County Drug Court; 0 how long participation in Kane County Drug Court lasted; and 0 What happened upon graduation or termination from Kane County Drug Court. 40. From 2002 until Respondent was removed as the Presiding Judge, Kane County Drug Court ?les have been impounded and unavailable to the public. Respondent?s Systemic Violations of Defendants? Rights 41. From the creation of the Kane County Drug Court in 2000 until to his removal as Presiding Judge, Respondent systematically violated criminal defendants? fundamental constitutional rights, including the right to counsel, the privilege against self? incrimination, and the right against deprivation of liberty and property Without due process of law. 42. Respondent also systematically violated criminal defendants? statutory rights to appointment of counsel, substitution of judge, con?dentiality of treatment information, procedural protections prior to changes in bond conditions, and other procedural protections. 43. In particular, Respondent systematically failed to inform unrepresented defendants charged with a felony of their constitutional and statutory rights to counsel and their constitutional privilege against self-incrimination. Respondent engaged in a pattern of interrogating unrepresented defendants about their drug use and eliciting incriminating statements before the defendants had obtained counsel or been appointed a public defender, been informed of their rights, made an application to Kane County Drug Court, knowingly and voluntarily agreed to enter into Kane County Drug Court, or pled guilty. Respondent routinely forced unrepresented defendants to testify involuntarily regarding the felonies with which they had been charged. Respondent also routinely sent such defendants to jail based upon incriminating statements elicited during his interrogation. 10 44. Respondent also systematically interrogated represented defendants about their drug use and elicited incriminating statements when their counsel was not present, before they were informed of their rights, before they made an application to Kane County Drug Court, before they knowingly and voluntarily agreed to participate in Kane County Drug Court, and before they pled guilty. Respondent routinely forced such defendants to testify involuntarily regarding the felonies with which they had been charged. Respondent also routinely sent such defendants to jail based upon incriminating statements elicited during his interrogation. 45. Respondent systematically ignored the procedural requirements provided for in the Act. 46. In particular, Respondent systematically failed to obtain the requisite agreement of defendants to enter Kane County Drug Court. 47. Respondent systematically failed to exclude from Kane County Drug Court defendants who denied a drug addiction or demonstrated an unwillingness to participate. 48. Respondent routinely failed to inform defendants about Kane County Drug Court terms and conditions, including the terms for imposition of sanctions, including incarceration. 49. Respondent also systematically failed to ensure that defendants had the opportunity to confer with counsel before deciding to enter Kane County Drug Court, and to ensure that defendants executed the required written agreement to enter Kane County Drug Court. 50. Respondent routinely drafted defendants into Kane County Drug Court by pressuring defendants to involuntarily testify about their drug habits, threatening to jail ll defendants for lying, and telling defendants they would be sent to prison if they did not enter Kane County Drug Court. 51. Respondent systematically failed to establish adequate terms and conditions for defendants? participation in Kane County Drug Court. 52. Respondent routinely held Kane County Drug Court proceedings in the jury room behind his courtroom, Without a court reporter and Without defendants? counsel present. 53. Because Respondent imposed sanctions against Kane County Drug Court defendants in the jury room, without a court reporter or counsel present, and often without entering any written order, there is no appropriate record of such sanctions or of the basis for Respondent?s imposing such sanctions. 54. Respondent systematically sent defendants to jail as a sanction without first giving the defendant an opportunity to be heard, without giving notice to the defendant?s counsel, and without providing defendants? counsel the opportunity to assess possible defenses or mitigating circumstances. 55. Respondent systematically ?ned defendants and ordered restitution as a sanction without ?rst giving the defendant an opportunity to be heard, without giving notice to the defendants? counsel, and without providing the defendant?s counsel the opportunity to assess possible defenses or mitigating circumstances. 56. Respondent routinely and unnecessarily discussed con?dential details of defendants? cases and medical treatment in open court. 57. Beginning in the fall of 2002, Respondent invited some defendants in Kane County Drug Court to participate in a ?graduation? ceremony. 12 58. Respondent routinely failed to provide defendants? counsel with notice of when their clients would ?graduate? from Kane County Drug Court. 59. Respondent routinely failed to provide defendants? counsel with notice of when their clients? cases in Kane County Drug Court had been dismissed or terminated. 60. Respondent routinely and unilaterally entered purported ?agreed? orders extending defendants? participation in Kane County Drug Court, even after defendants had attended a ?graduation? from Kane County Drug Court. Respondent entered the ?agreed? orders without notice to defendants? counsel. 61. In December 2003, the Chief Judge of the Sixteenth Judicial Circuit cautioned Respondent to recognize and honor criminal defendants? fundamental rights. In spite of that admonition, Respondent intentionally continued violating defendants? rights, but did so off the record or in the jury room without a court reporter or the defendant?s counsel present. 62. In addition, Respondent inappropriately used intimidation, threats, and vindictiveness with those defendants, lawyers, probation officers, and other court staff who disagreed with the manner in which Respondent presided over his cases. Speci?c Examples of Systematic Violations 63. Respondent systematically violated defendants? constitutional and statutory rights, and failed to discharge his adjudicative and administrative responsibilities, including but not limited to the following cases: Defendant A 64. On September 12, 2003, a defendant (hereinafter referred to as ?Defendant made her initial appearance before Respondent. l3 65. At the time of her initial appearance, Defendant A had been charged with a Class IV felony, but she had not yet made an application to Kane County Drug Court, had not yet agreed to be admitted into Kane County Drug Court or to its terms, had not yet signed a written agreement to participate in Kane County Drug Court, and had not yet pled guilty. 66. At her initial appearance before Respondent, Defendant A appeared without counsel. 67. Respondent at the start of Defendant A?s initial appearance immediately asked her, ?What is your addiction?? 68. Defendant A responded, prefer not to talk about my case until I speak to a lawyer. May I request a public defender?? 69. Respondent asked Defendant A, ?Why are you in my courtroom, then?? Defendant A explained that she had received court papers requiring her to appear before Respondent. 70. Respondent then stated, court is for people who want treatment for their addiction, okay. You are going to come in here and play a game with me, you can just go up to the other courtroom.? 71. Respondent asked Defendant A about the charge against her and then said, ?Your addiction is Vicodin. How long have you been addicted to Vicodin?? 72. Defendant A responded by again asking, ?Can I request a public defender, please?? 73. Respondent replied, ?Sure. How long have you been addicted to Vicodin?? 14 74. Defendant A reiterated, am not answering any questions until I speak to a lawyer, sir.? Respondent, however, persisted in questioning her. 75. Respondent ultimately continued the case until October 2, 2004, when the a lawyer from the Kane County Public Defender?s Office was to be present in the courtroom. 76. When then asked by the State whether Respondent was appointing an Assistant Public Defender at that time, Respondent replied that he was not. 77. At no time during the proceeding did Respondent inform Defendant A about her Sixth Amendment right to counsel, her Fifth Amendment privilege against self? incrimination or her statutory right to appointment of counsel. In addition, at no time during the proceeding did Respondent inform Defendant A about the terms and conditions of Kane County Drug Court, obtain from Defendant A a written consent to be admitted into Kane County Drug Court, or otherwise allow Defendant A the opportunity to make a knowing and voluntary choice to participate in Kane County Drug Court. Defendant 78. On September 18, 2003, a defendant (hereinafter referred to as ?Defendant made his initial appearance before Respondent. 79. At the time of his initial appearance, Defendant had been charged with a Class IV felony, but he had not yet made an application to Kane County Drug Court, had not yet agreed to be admitted into Kane County Drug Court or to its terms, had not yet signed a written agreement to participate in Kane County Drug Court, and had not yet pled guilty. 80. At this initial appearance, Defendant appeared before Respondent without counsel. 15 81. Immediately at the start of Defendant B?s initial appearance, Respondent questioned him about his drug use and prior arrests. 82. Respondent told Defendant that Respondent was going to drug test Defendant and threatened to send Defendant to jail if the drug test revealed he had lied about his drug use. 83. Respondent elicited admissions from Defendant that Defendant had been using cocaine for a few months but that he had not used since his arrest. 84. In the face of Respondent?s questioning, Defendant told Respondent, had full intention of ?nding a lawyer . . . . Iwas actually going to ask if I could?if the court could help me find a lawyer. I would pay-m1 can just pay only so much.? 85. Respondent then instructed Defendant to call a lawyer and request a payment plan. 86. Respondent stated that he would continue the case until October 16, 2003, and told Defendant to hire an attorney in the meantime. Defendant repeated that he lacked the funds to obtain an attorney. Respondent inquired about Defendant B?s job and then instructed him to work out a payment plan with an attorney. 87. Respondent then ordered Defendant to be drug tested and ordered Defendant to ?come back? if Defendant tested positive for drugs. 88. Respondent then passed the case and broke for a lunch recess. 89. After the lunch recess that same day, Defendant appeared again before Respondent because Defendant B?s drug test had come back positive for drug use. 90. Respondent continued to question Defendant persistently about his recent drug use and threatened again to put him in jail. l6 91. Defendant then admitted to using marijuana approximately a week and a half ago. 92. Respondent continued the case and ordered Defendant to attend three to four Alcoholics Anonymous meetings every week and to join a treatment program. 93. After the case was passed and Defendant left the courtroom, Respondent issued a no-bond warrant for Defendant based on probable cause that the defendant had tested positive for cocaine and had lied to the court. 94. At no point on September 18, 2003 did Respondent appoint a public defender to represent Defendant B. 95. At no time during the September 18, 2003 proceeding did Respondent inform Defendant about his Sixth Amendment right to counsel, his Fifth Amendment privilege against self~incrimination, or his statutory right to appointment of counsel. In addition, at no time during the proceeding did Respondent inform Defendant about the terms and conditions of Kane County Drug Court, obtain from Defendant a written consent to be admitted into Kane County Drug Court, or otherwise allow Defendant the opportunity to make a knowing and voluntary choice to participate in Kane County Drug Court. Defendant 96. On September 12, 2003, a defendant (hereinafter referred to as ?Defendant made her initial appearance before Respondent. 97. At the time of her initial appearance, Defendant had been charged with a Class IV felony, but she had not yet made an application to Kane County Drug Court, had not yet agreed to be admitted into Kane County Drug Court or to its terms, had not yet signed a written agreement to participate in Kane County Drug Court, and had not yet pled guilty. 17 98. At her initial appearance, Defendant appeared before Respondent without counsel. 99. Respondent began the proceeding by asking Defendant C, ?Crack addiction. Is that what you have?? Defendant then admitted to using crack and heroin. 100. Respondent continued to ask Defendant questions about Defendant C?s drug habits. 101. The Assistant States Attorney then informed Respondent that there was an outstanding warrant against Defendant for the felony charge with bond set at $10,000. 102. Respondent stated that he was going to revoke the bond. 103. Defendant responded, am not in your program, though. I never signed papers.? 104. Respondent replied, ?Yeah, you are not in the program. You are right. You are not in the program, okay. But you are using crack now. You used it last night. We are trying to get you help.? 105. Respondent subsequently stated that he would appoint an attorney to represent Defendant and then continued the case for one week. 106. Respondent ordered Defendant held in custody without bond until the next court date. 107. Respondent then identified by name another defendant who recently had a heart attack from drug use. 108. At no time during the proceeding did Respondent inform Defendant about her Sixth Amendment right to counsel, her Fifth Amendment privilege against self? incrimination, or her statutory right to appointment of counsel. In addition, at no time during the 18 proceeding did Respondent inform Defendant about the terms and conditions of Kane County Drug Court, obtain from the defendant a written consent to be admitted into Kane County Drug Court, or otherwise or allow Defendant the opportunity to make a knowing and voluntary choice to enter into Kane County Drug Court. 109. On one or more occasions after September 12, 2003, Respondent ordered Defendant arrested and/or remanded to jail. Respondent did so off~the~record, Without counsel present, and without ?rst holding a hearing. Defendant 110. On June 4, 2003, a defendant (hereinafter referred to as ?Defendant appeared before Respondent. 111. Defendant had been charged with a Class and a Class IV felony, but had not yet made an application to Kane County Drug Court, had not yet agreed to be admitted into Kane County Drug Court or to its terms, had not yet signed a written agreement to participate in Kane County Drug Court, and had not yet pled guilty. 112. When the proceeding commenced, both the Assistant State?s Attorney and Defendant informed Respondent that Defendant was represented by counsel but that counsel was not present in court. 113. Respondent responded, ?Okay. When is the last time you were drug tested?? 114. Respondent then questioned Defendant about his drug habits and immediately ordered a drug test to be conducted. 115. Before Defendant went down for the drug test, Respondent asked, ?Your drug, is it marijuana?? 19 116. In the face of Respondent?s question, Defendant then admitted to smoking marijuana. 117 . Respondent told Defendant that if in two weeks, the drugs were not completely out of Defendant D?s system, Respondent would put Defendant in jail. 118. At no time during the proceeding did Respondent inform Defendant about his Sixth Amendment right to counsel or his Fifth Amendment privilege against self- incrimination. In addition, at no time during the proceeding did Respondent inform Defendant about the terms and conditions of Kane County Drug Court, obtain from Defendant a written consent to be admitted into Kane County Drug Court, or otherwise allow Defendant the opportunity to make a knowing and voluntary choice to participate in Kane County Drug Court. 119. There is no record in Defendant D?s case ?le of a written agreement signed by Defendant to participate in Kane County Drug Court. 120. Defendant D?s case remained in Kane County Drug Court until August 18, 2004, at which time it was transferred to a different judge. 121. From the time Defendant first appeared in Kane County Drug Court to the date the case was transferred, there is no record of a plea of guilty to or a conviction for the criminal charges against Defendant D. Defendant 122. On March 19, 2003, a defendant (hereinafter referred to as ?Defendant appeared before Respondent. 123. Defendant had been charged with two Class IV felonies, but had not yet made an application to Kane County Drug Court, had not yet agreed to be admitted into Kane 20 COunty Drug Court or to its terms, had not yet signed a written agreement to participate in Kane County Drug Court, and had not yet pled guilty. 124. Prior to this appearance, Defendant had been appointed counsel but such counsel was not present in court on March 19, 2003. 125. On March 19, 2003, when Defendant E?s case was called, the Assistant State?s Attorney informed Respondent that Defendant E?s counsel could not be present on that day and asked for a new date of March 26, 2003. The Assistant State?s Attorney also informed Respondent that Defendant E?s counsel had not yet had an opportunity to talk with Defendant E. 126. Respondent replied, ?Okay,? but proceeded to ask Defendant B, ?When was the last time you used?? 127. At no time during the proceeding did Respondent inform Defendant about her Sixth Amendment right to counsel or her Fifth Amendment privilege against self- incrimination. In addition, at no time during the proceeding did Respondent inform Defendant about the terms and conditions of Kane County Drug Court, obtain from Defendant a written consent to be admitted into Kane County Drug Court ,or otherwise allow Defendant to make a knowing and voluntary choice whether to participate in Kane County Drug Court. Defendant 128. On March 21, 2003, a defendant (hereinafter referred to as ?Defendant made his initial appearance before Respondent. 129. At the time of his initial appearance before Respondent, Defendant had been charged with a Class IV felony but had not yet made an application to Kane County Drug Court, had not yet agreed to be admitted into Kane County Drug Court or to its terms, had not 21 yet signed a written agreement to participate in Kane County Drug Court, and had not yet pled guilty. 130. At this ?rst appearance before Respondent, Defendant appeared without counsel. 131. When the proceeding commenced, the Assistant State?s Attorney informed Respondent that this was Defendant F?s ?rst appearance and that Defendant did not have an attorney with him in court. 132. Respondent asked Defendant whether he was going to hire an attorney. Defendant replied that he was in the process of trying to ?nd an attorney. 133. Respondent then asked Defendant F, ?How bad is your addiction?? 134. Respondent continued to question Defendant about his drug use and threatened two times to ?put [Defendant in jail for lying.? 135. Respondent elicited an admission from Defendant to using cocaine, THC and marijuana. 136. Respondent then ordered Defendant to be tested for drugs. 137. At no time during the proceeding did Respondent inform Defendant about his Sixth Amendment right to counsel, his Fifth Amendment privilege against self- incrimination, or his statutory right to appointment of counsel if indigent. In addition, at no time during the proceeding did Respondent inform Defendant about the terms and conditions of Kane County Drug Court, obtain from Defendant a written consent to be admitted into Kane County Drug Court, or otherwise allow Defendant to make a knowing and voluntary choice whether to participate in Kane County Drug Court. 22 Defendant 138. On October 2, 2003, a defendant (hereinafter referred to as ?Defendant who had been a defendant on a separate charge in Kane County Drug Court for over one year, was brought before Respondent on a new Class IV felony, namely unlawful possession of prescription forms. 139. Defendant had not pled guilty to the new Class IV felony charge. 140. On October 2, 2003, Defendant was in custody and appeared without counsel. 141. During the proceeding, Respondent questioned Defendant about her drug use and about her alleged unlawful possession of prescription forms. 142. In the face of Respondent?s questions, Defendant admitted that she was in possession of a prescription pad and that she had smoked crack cocaine. 143. After questioning of Defendant G, Respondent appointed an attorney to represent Defendant G, remanded Defendant to custody, and continued the case. 144. At no time during the proceeding did Respondent inform Defendant about her Sixth Amendment right to counsel, her Fifth Amendment privilege against self- incrirnination, or her statutory right to appointment of counsel. Defendant 145. On August 7, 2003, a defendant (hereinafter referred to as ?Defendant made his initial appearance before Respondent. 146. At the time of his initial appearance, Defendant had been charged with a Class IV felony, but had not yet made an application to Kane County Drug Court, had not yet 23 agreed to be admitted into Kane County Drug Court or to its terms, had not yet signed a written agreement to participate in Kane County Drug Court, and had not yet pled guilty. 147. At this initial appearance, Defendant appeared with his counsel. 148. At the start of this proceeding, Respondent immediately began to question Defendant about his drug habits. 149. When Defendant expressed reluctance to answer Respondent?s questions, Respondent commanded Defendant H, ?Just answer the question.? 150. When Defendant did not immediately concede to using cocaine, Respondent stated, ?Don?t come in my courtroom and try to con me.? l51. Respondent then stated that he would order that Defendant be drug tested immediately and stated to Defendant H, ?If you come back hot for cocaine, you?re lying to me, and I am putting you in jail.? 152. Respondent further ordered a hair sample to determine how long ago Defendant had used cocaine and threatened to put Defendant in jail if the hair test indicated he was lying. 153. At the end of the proceeding, Defendant conceded to using drugs. 154. Respondent then stated to Defendant H, ?So you?re going to put in an application for drug court, okay, and then we are going to get you in here.? 155. Respondent then instructed Defendant to begin attending twelve-step meetings at a church and begin getting drug tested regularly. 156. At no time during the proceeding did Respondent inform Defendant about his Fifth Amendment privilege against selfnincrimination. In addition, at no time during the proceeding did Respondent inform Defendant about the terms and conditions of Kane 24 County Drug Court, obtain from Defendant a written consent to be admitted into Kane County Drug Court, or otherwise allow Defendant the opportunity to make a knowing and voluntary choice to participate in Kane County Drug Court. 157. On one or more occasions after August 7, 2003, Respondent ordered Defendant arrested and/or remanded to jail. Respondent did so off-the-record, without counsel present, and without ?rst holding a hearing. Defendant I 158. On April 18, 2002, a defendant (hereinafter referred to as ?Defendant made his initial appearance before Respondent. 15 9. At the time of his initial appearance before Respondent, Defendant I had been charged with a Class IV felony, but had not yet made an application to Kane County Drug Court, had not yet agreed to be admitted into Kane County Drug Court or to its terms, had not yet signed a written agreement to participate in Kane County Drug Court, and had not yet pled guilty. 160. At his initial appearance before Respondent, Defendant I appeared without counsel. 161. Respondent immediately asked Defendant I, ?What?s your addiction?? 162. Defendant admitted to using cocaine. 163. When Defendant I stated that he started using approximately one month ago, Respondent replied, ?Okay, come on,? and stated that Defendant I had been sent to Respondent?s courtroom because Defendant I had a drug problem. 164. Respondent then asked Defendant I if he had an attorney. Defendant responded, was going to, Ineed a little more time to get an attorney hired, hopefully.? 25 165. Respondent replied, ?Okay. Well, you can do that. When was the last time you used cocaine?? 166. Respondent continued questioning Defendant I about his drug habits and told Defendant I that if a drug test showed drugs in his system, Respondent would send him to jail. 167. Respondent elicited an admission from Defendant I to smoking marijuana the night before. 168. Respondent then continued the case until May 1, 2002. 169. On May 1, 2002, Defendant I again appeared before Respondent without counsel. 170. At the start of the proceeding, the Assistant State?s Attorney informed Respondent that Defendant I was represented by counsel but that such counsel could not be present. The Assistant State?s Attorney stated that Defendant I?s counsel could be present on other speci?ed dates. 171. ReSpondent did not acknowledge the Assistant State?s Attorney?s statement regarding Defendant I?s counsel not being present and proceeded to ask Defendant I, ?When did you last do cocaine?? 172. Respondent continued questioning Defendant I and threatened to throw him in jail if he lied to Respondent about his drug use. 173. Respondent ordered Defendant I drug tested and continued the case. 174. At no time during either proceeding did Respondent inform Defendant I about his Sixth Amendment right to counsel, his Fifth Amendment privilege against self? incrimination, or his statutory right to appointment of counsel. In addition, at no time during the 26 News proceeding did Respondent inform Defendant I about the terms and conditions of Kane County Drug Court, obtain from Defendant I a written consent to be admitted into Kane County Drug Court, or otherwise allow Defendant I the opportunity to make a knowing and voluntary choice to participate in Kane County Drug Court. Defendant 175. On October 2, 2003, a defendant (hereinafter referred to as ?Defendant made his initial appearance before Respondent. 176. At the time of his initial appearance before Respondent, Defendant I had been charged with three Class felonies, but had not yet made an application to Kane County Drug Court, had not yet agreed to be admitted into Kane County Drug Court or to its terms, had not yet signed a written agreement to participate in Kane County Drug Court, and had not yet pled guilty. 177. At his initial appearance before Respondent, Defendant I appeared Without counsel. 178. At the start of the proceeding, Respondent asked Defendant I if he had a lawyer. Defendant reSponded that he did not but added that he had requested a Public Defender. 179. Although there was an Assistant Public Defender present in the courtroom, Respondent did not assign the Assistant Public Defender to represent Defendant J. 180. Respondent began to question Defendant I about his drug habits, his addiction to marijuana and alcohol, his previous arrests, and his probation. 181. Respondent, by his questioning, elicited admissions that Defendant I had been ?using? daily and been intoxicated several times weekly. 27 182. Respondent also elicited an admission from Defendant that his drug and alcohol habits had caused him ?to get involved with these charges.? 183. After his questioning, Respondent told Defendant that he would appoint an Assistant Public Defender and asked Defendant J, would assume that you?re going to try to put an application in?? 184. The Assistant Public Defender present in the courtroom answered, ?It sounds like it, Judge.? 185. Defendant did not indicate his agreement to apply for or enter into Kane County Drug Court. 186. Respondent stated that Defendant would remain incarcerated While Respondent arranged for Defendant J?s participation in Kane County Drug Court, then Respondent remanded Defendant into custody. 187. At no time during the proceeding did Respondent inform Defendant about his Sixth Amendment right to counsel, his Fifth Amendment privilege against self- incrimination, or his statutory right to appointment of counsel. In addition, at no time during the proceeding did Respondent inform Defendant about the terms and conditions of Kane County Drug Court, obtain from Defendant a written consent to be admitted into Kane County Drug Court, or otherwise allow Defendant the opportunity to make a knowing and voluntary choice to participate in Kane County Drug Court. Defendant 188. On October 16, 2003, a defendant (hereinafter referred to as ?Defendant made his initial appearance before Respondent. 28 189. At the time of his initial appearance, Defendant had been charged with a Class IV felony, but had not yet made an application to Kane County Drug Court, had not yet agreed to be admitted into Kane County Drug Court or to its terms, had not yet signed a written agreement to participate in Kane County Drug Court, and had not yet pled guilty. 190. At his ?rst appearance, Defendant was in custody and was brought before Respondent without representation by counsel. 191. Respondent began the proceeding by asking Defendant if Defendant had a lawyer. 192. Defendant responded that he did not because he could not afford an attorney. 193. Respondent did not appoint Defendant an Assistant Public Defender at this time, but instead asked, ?What?s your drug addiction?? 194. Defendant then conceded to using cocaine. 195. Respondent asked Defendant K, ?What else do you do, marijuana?? 196. Defendant conceded to using marijuana regularly. 197. After questioning Defendant K, Respondent appointed an Assistant Public Defender and continued the case. 198. At no time during the proceeding did Respondent inform Defendant about his Sixth Amendment right to counsel, his Fifth Amendment privilege against self- incrimination, or his statutory right to appointment of counsel. In addition, at no time during the proceeding did Respondent infonn Defendant about the terms and conditions of Kane County Drug Court, obtain from Defendant a written consent to be admitted into Kane County Drug 29 4 ?at Court, or otherwise allow Defendant the opportunity to make a knowing and voluntary choice to participate in Kane County Drug Court. 199. On one or more occasions after October 16, 2003, Respondent ordered Defendant arrested and/or remanded to jail for a period of time. Respondent did so off-then record, without counsel present, and without ?rst holding a hearing. Defendant 200. On January 30, 2003, a defendant (hereinafter referred to as ?Defendant appeared before Respondent for his preliminary hearing. 201. At the time of his preliminary hearing before Respondent, Defendant had been charged with two Class IV felonies, but had not yet made an application to Kane County Drug Court, had not yet agreed to be admitted into Kane County Drug Court or to its terms, had not yet signed a written agreement to participate in Kane County Drug Court, and had not yet pled guilty. 202. The Assistant Public Defender appointed to represent Defendant was present in court on January 30, 2003. 203. Respondent began the proceeding by asking Defendant L, ?How many bags of heroin are you doing a day?? 204. Defendant conceded to previously using up to 10 bags of heroin per day. 205. Respondent continued to question Defendant regarding his drug habits and treatment. 206. Respondent questioned Defendant about Defendant L?s friends who were defendants in Kane County Drug Court and in response to Respondent?s questions, Defendant identi?ed his friends by name. 30 MWK 207. Respondent subsequently mentioned another defendant in Kane County Drug Court by name and stated in open court that this defendant had a DUI and that Respondent had ?yanked him and put him in jail last night.? 208. At no time during the proceeding did Respondent inform Defendant about his Fifth Amendment privilege against self?incrimination. In addition, at no time during the proceeding did Respondent inform Defendant about the terms and conditions of Kane County Drug Court, obtain from Defendant a written consent to be admitted into Kane County Drug Court, or otherwise allow Defendant the opportunity to make a knowing and voluntary choice to participate in Kane County Drug Court. Defendant 209. On March 27, 2002, a defendant (hereinafter referred to as ?Defendant made his initial appearance before Respondent. 210. At the time of his initial appearance before Respondent, Defendant had been charged with a Class IV felony, but had not yet made an application to Kane County Drug Court, had not yet agreed to be admitted into Kane County Drug Court or to its terms, had not yet signed a written agreement to participate in Kane County Drug Court, and had not yet pled guilty. 211. At his initial appearance, Respondent appeared with counsel. 212. Respondent began the proceeding by asking Defendant M, ?What?s your drug?? 213. Defendant M?s attorney attempted to interrupt Respondent?s questioning and told Respondent that he wanted to ?look at the reports.? 31 getaway 214. Respondent responded, ?You know what? Look. Do whatever you want to do? and then sent the matter to a different courtroom before going off the record. 215. At no time during the proceeding did Respondent inform Defendant about his Fifth Amendment privilege against self?incrimination. 216. Defendant M?s case was subsequently transferred back to Kane County Drug Court. 217. On one or more occasions after March 27, 2002, Respondent ordered Defendant arrested and/or remanded to jail. Respondent did so off-the?record, Without counsel present, and without ?rst holding a hearing. Defendant 218. On March 27, 2003, a defendant (hereinafter referred to as ?Defendant made her initial appearance before Respondent. 219. At the time of her initial appearance before Respondent, Defendant had been charged with a Class IV felony, but had not yet made an application to Kane County Drug Court, had not yet agreed to be admitted into Kane County Drug Court or to its terms, had not yet signed a written agreement to participate in Kane County Drug Court, and had not yet pled guilty. 220. Defendant appeared at the proceeding with her counsel. 221. At the start of the Defendant N?s initial appearance, Respondent asked Defendant N, ?How long?so?cocaine, I assume, right?? 222. Defendant answered, ?Yes,? and Respondent asked how long the defendant had been doing cocaine. 32 ,mysm V123, 223. Defendant admitted to using cocaine for 15 years and to using drugs the day before coming to court. 224. Respondent continued questioning Defendant about the details of her drug habits. 225. At no time during the proceeding did Respondent inform the defendant about her Fifth Amendment privilege against self-incrimination. In addition, at no time during the proceeding did Respondent inform the defendant about the terms and conditions of Kane County Drug Court, obtain from the defendant a written consent to be admitted into Kane County Drug Court, or otherwise or allow the defendant the opportunity to make a knowing and voluntary choice to participate in Kane County Drug Court. Defendant 226. On January 23, 2003, a defendant (hereinafter referred to as ?Defendant made her initial appearance before Respondent. 227. At the time of her initial appearance before Respondent, Defendant 0 had been charged with a Class felony, but had not yet made an application to Kane County Drug Court, had not yet agreed to be admitted into Kane County Drug Court or to its terms, had not yet signed a written agreement to participate in Kane County Drug Court, and had not yet pled guilty. 228. Defendant appeared at the proceeding with her counsel. 229. At the start of Defendant O?s initial appearance, Respondent asked Defendant 0, ?What is your drug addiction?? 230. Defendant responded that she had used heroin, but that she subsequently had received treatment for two and a half years and no longer used drugs. 33 231. Respondent did not accept Defendant O?s answer and continued to question Defendant 0 about having an addiction problem. 232. In the face of Respondent?s questions, Respondent elicited an admission from Defendant that she drank alcohol and smoked marijuana, and that she had begun using heroin at age 12. 233. At no time during the proceeding did Respondent inform Defendant 0 about her Fifth Amendment privilege against self-incrimination. In addition, at no time during the proceeding did Respondent inform Defendant 0 about the terms and conditions of Kane County Drug Court, obtain from Defendant a written consent to be admitted into Kane County Drug Court, or otherwise or allow Defendant the opportunity to make a knowing and voluntary choice to participate in Kane County Drug Court. 234. On one or more occasions after January 23, 2003, Respondent ordered Defendant 0 arrested and/or remanded to jail. Respondent did so off?the-record, without counsel present, and without ?rst holding a hearing. Defendant 235. On November 14, 2003, a defendant (hereinafter referred to as ?Defendant appeared before Respondent. 236. At the time of her November 14, 2003 appearance, Defendant had been charged with a Class IV felony and had made an application to Kane County Drug Court, but had not yet signed a written agreement to participate in Kane County Drug Court or to its terms, and had not yet pled guilty. 237. Defendant appeared at the proceeding with her counsel. 34 238. During this proceeding, Respondent questioned Defendant about her drug habits and told Defendant about the dangers of using drugs. 239. In so doing, Respondent stated, ?Just like the last kid that just came up here. Now, he?s a heroin addict and you know the attorney ?les a 80] and gets it up there because you go on regular probation and nobody cares. They don?t test you and they don?t do anything and you can continue to do drugs except you are going to die.? 240. Respondent continued questioning Defendant until she admitted to using methamphetamine. 241. At no time during the proceeding did Respondent inform Defendant about her Fifth Amendment privilege against self-incrimination. In addition, at no time during the proceeding did Respondent inform Defendant about the terms and conditions of Kane County Drug Court, obtain from Defendant a written consent to be admitted into Kane County Drug Court, or otherwise or allow Defendant the opportunity to make a knowing and voluntary choice to participate in Kane County Drug Court. Defendant 242. On October 22, 2003, a defendant (hereinafter referred to as ?Defendant made her initial appearance before Respondent. 243. At the time of her initial appearance, Defendant had been charged with a Class felony but had not yet made an application to Kane County Drug Court, had not yet agreed to be admitted into Kane County Drug Court or to its terms, had not yet signed a written agreement to participate in Kane County Drug Court, and had not yet pled guilty. 244. At her first appearance, Defendant was in custody and brought before Respondent without representation by counsel. 35 245. At the initial appearance, Respondent asked Defendant about her drug addiction. 246. Although Defendant denied having a drug addiction, Respondent persistently questioned Defendant and repeatedly told her that she had an addiction and was in denial. 247. During the proceeding, Respondent also identi?ed Defendant Q?s brother by name and discussed con?dential issues relating to that brother in open court. Speci?cally, Respondent stated that Defendant Q?s brother, who was in Kane County Drug Court, had ?mental health issues and a diagnosis on that,? and had ?real depression issues; real major . . . major, major. Has been suicidal many times.? Respondent also discussed with Defendant in open court the fact that her brother?s father and grandfather had committed suicide. 248. Respondent questioned Defendant about her best friend?s drug habits and asked Defendant to identify her best ?iend by name on the record. 249. Respondent also identified by name a woman from Aurora who had died of a heroin overdose several days before the hearing. Respondent stated the details surrounding the woman?s overdose and the street on which she lived. 250. After his questioning of Defendant Q, Respondent appointed an Assistant Public Defender to represent Defendant and continued the case. 251. At no time before questioning Defendant did Respondent inform Defendant about her Sixth Amendment right to counsel, her Fifth Amendment privilege against self?incriminaticn, or her statutory right to appointment of counsel. In addition, at no time during the proceeding did Respondent inform Defendant about the terms and conditions of Kane County Drug Court, obtain from Defendant a written consent to be admitted into 36 we. 2.x ?1 Kane County Drug Court, or otherwise allow Defendant the opportunity to make a knowing and voluntary choice to participate in Kane County Drug Court. Detendam? 252. On October 23, 2003, a defendant (hereinafter referred to as ?Defendant made her initial appearance before Respondent. 253. At the time of her initial appearance before Respondent, Defendant had been charged with a Class IV felony, but had not yet made an application to Kane County Drug Court, had not yet agreed to be admitted into Kane County Drug Court or to its terms, had not yet signed a written agreement to participate in Kane County Drug Court, and had not yet pled guilty. 254. At her first appearance, Respondent was in custody and was brought before Respondent without representation by counsel. 255. At the start of the proceeding, Respondent asked, ?How long have you been using cocaine?? 256. Respondent elicited an admission from Defendant to using cocaine. 257. After he ?nished questioning Defendant about her drug habits, Respondent asked Defendant if she had an attorney. When Defendant responded that she did not have an attorney, Respondent appointed an Assistant Public Defender and continued the case for two weeks. i 258. At no time before questioning Defendant did Respondent inform Defendant about her Sixth Amendment right to counsel, her Fifth Amendment privilege against self?incrimination, or her statutory right to appointment of counsel. In addition, at no time during the proceeding did Respondent inform Defendant about the terms and conditions 37 ,st-r. of Kane County Drug Court, obtain from Defendant a written consent to be admitted into Kane County Drug Court, or otherwise or allow Defendant the opportunity to make a knowing and voluntary choice to participate in Kane County Drug Court. Defendant 259. On March 20, 2003, a defendant (hereinafter referred to as ?Defendant made her initial appearance before Respondent. 260. At the time of her initial appearance before Respondent, Defendant had been charged with a Class IV felony, but had not yet made an application to Kane County Drug Court, had not yet agreed to be admitted into Kane County Drug Court or to its terms, had not yet signed a written agreement to participate in Kane County Drug Court, and had not yet pled guilty. 261. At her first appearance before Respondent, Defendant appeared with counsel. 262. Respondent began the proceeding by asking Defendant about her drug habits. 263. Defendant admitted to having used cocaine for three years. 264. At no time during the proceeding did Respondent inform Defendant about her Fifth Amendment privilege against self-incrimination. 265. On March 26, 2003, Defendant appeared again before Respondent, but this time Without her counsel present. 266. Defendant still had not yet made an application to Kane County Drug Court, had not yet agreed to be admitted into Kane County Drug Court or to its terms, had not 38 yet signed a written agreement to participate in Kane County Drug Court, and had not yet pled guilty. 267. Respondent asked Defendant if she would be clean if she were tested for drugs. Defendant admitted that she would not be clean. 268. In response to Respondent?s questions, Defendant admitted that she had used cocaine the prior Monday. 269. Respondent then revoked Defendant S?s bond and sent her to jail. 270. Respondent remained in jail until April 16, 2003, when she was placed on electronic home monitoring. 271. At no time did Respondent inform Defendant of her Sixth Amendment right to counsel or her Fifth Amendment privilege against self-incrimination. 272. At no time during either proceeding did Respondent inform Defendant about the terms and conditions of Kane County Drug Court, obtain from Defendant a written consent to be admitted into Kane County Drug Court, or otherwise or allow Defendant the opportunity to make a knowing and voluntary choice to participate in Kane County Drug Court. Defendant 273. On November 4, 2003, a defendant (hereinafter referred to as ?Defendant accompanied his wife to her court date before Respondent. 274. Defendant and his wife?s appearance before Respondent took place in the jury room behind Respondent?s regular courtroom. No court reporter was present. 275. Neither Defendant nor his wife appeared with counsel before Respondent on November 4, 2003. 39 276. Defendant himself had been charged in 1999 with the misdemeanor of driving under the in?uence That case was pending sentencing before a different judge in the Sixteenth Judicial Circuit. 277. Defendant was represented by counsel in his DUI case, but such counsel was not present on November 4, 2003. 278. During the November 4, 2003 appearance before Respondent, Defendant T?s wife told Respondent that Defendant had a drug problem. 279. Defendant then informed Respondent about his DUI case pending sentencing before a different judge. 280. Respondent then questioned Defendant about his drug habits. 281. Respondent advised Defendant that Respondent was taking over the DUI case. 282. Respondent then ordered Defendant T?s bond revoked. Defendant was handcuffed and taken to jail where he remained for four days until his next court date before Respondent. 283. At no time during the proceeding did Respondent inform Defendant about his Sixth Amendment right to counsel, his Fifth Amendment privilege against se1f~ incrimination, or his statutory right to appointment of counsel. In addition, at no time during the proceeding did Respondent inform Defendant about the terms and conditions of Kane County Drug Court, obtain from Defendant a written consent to be admitted into Kane County Drug Court, or otherwise allow Defendant the opportunity to make a knowing and voluntary choice to participate in Kane County Drug Court. 40 284. On one or more occasions after November 4, 2003, Respondent ordered Defendant arrested and/or remanded to jail. Respondent did so off-the-record, without counsel present, and without ?rst holding a hearing. Defendant 285. A defendant (hereinafter referred to as ?Defendant a defendant in Kane County Drug Court, pled guilty to a Class IV felony on September 4, 2002, and his sentence was deferred for two years until September 2, 2004. 286. On January 2, 2004, Defendant appeared without counsel before Respondent for his regularly scheduled court appearance. 287. Defendant U?s January 2, 2004 appearance before Respondent took place in the jury room behind Respondent?s courtroom. No court reporter was present. 288. Just prior to appearing before Respondent, Defendant had been tested for drug use. The results of the drug test were negative. 289. When Defendant appeared before Respondent, Respondent accused him of drug use and entered an order remanding Defendant to jail for 69 days until March 12, 2004, at which time the matter was set for a hearing on ?violation of probation,? even though Defendant was not on probation. 290. Respondent entered this order without giving prior notice of the allegations of wrongdoing to Defendant or Defendant U?s counsel, without providing Defendant an opportunity to be heard, and without ?rst holding a hearing. There is no record of the court?s ?ndings or of evidence to support Respondent?s ?nding of a violation of probation. 291. Defendant ultimately spent 56 days in custody without the bene?t of a hearing. 41 stairway. 292. On one or more other occasions, Respondent ordered Defendant arrested and/or remanded to jail. Respondent did so off?the-record, without counsel present, and without ?rst holding a hearing. Defendant 293. A defendant (hereinafter referred to as ?Defendant was a Kane County Drug Court defendant from May 2002 until February 2004. 294. During his time as a Kane County Drug Court defendant, Respondent ordered Defendant arrested and/or remanded to jail on numerous occasions. Respondent did so off-the-record, without counsel present, and Without ?rst holding a hearing. Those occasions included but were not limited to the following: 0 On December 16, 2003, Respondent issued a no-bond arrest warrant against Defendant V. On December 27, 2003, and December 30, 2003, Respondent entered two additional orders remanding Defendant to Kane County Jail. 0 Pursuant to Respondent?s orders, Defendant was taken into custody and spent 35 days in Kane County Jail. 0 On January 30, 2004, Respondent released Defendant from custody under the condition that he not enter the City of Aurora. Defendant 295. On March 27, 2003, a defendant (hereinafter referred to as ?Defendant made his initial appearance before Respondent with counsel. 296. At the time of his initial appearance before Respondent, Defendant had been charged with a Class IV felony, but had not yet made an application to Kane County Drug Court, had not yet agreed to be admitted into Kane County Drug Court or to its terms, had not 42 yet signed a written agreement to participate in Kane County Drug Court, and had not yet pled guilty. 297. At the start of the hearing, Defendant W?s counsel informed Respondent that Defendant was ?ling a motion for substitution of udge. 298. Respondent stated, ?Okay,? but then proceeded to question Defendant extensively about his arrest and his drug habits. 299. In response to Respondent?s questioning, Defendant conceded to smoking marijuana. 300. Respondent did not transfer Defendant W?s case to a different judge for reassignment until after he had ?nished questioning Defendant W. Defendant 301. On November 14, 2003, a defendant (hereinafter referred to as ?Defendant made his initial appearance before Respondent with counsel. 302. At the time of his initial appearance before Respondent, Defendant had been charged with a Class IV felony, but had not yet made an application to Kane County Drug Court, had not yet agreed to be admitted into Kane County Drug Court or to its terms, had not yet signed a written agreement to participate in Kane County Drug Court, and had not yet pled guilty. 303. At the start of Defendant X?s initial appearance, Respondent immediately asked Defendant X, ?How long have you been addicted to heroin?? 304. Defendant X?s counsel then alerted Respondent that Defendant had a motion for substitution of judge on file, and advised Defendant not to answer any questions, as his answers could be used against him. 43 305. Respondent ignored Defendant X?s counsel?s statement and continued questioning Defendant about his drug habits. 306. Respondent lectured Defendant about the perils of drug abuse, stating, inter alz'a: Your attorney has ?led on your behalf a motion to substitute . . . If you get back, when you get back on the street and get back to using heroin again, because it will happen, and we know it will, and you get arrested again and you have additional charges and if assuming that you are found guilty of this one, you will be on ?they?ll put you on regular probation . . . and if a Judge gives you regular probation for this, because we have a disaster on it, you either continue to use heroin, okay, or you will die. And we know ultimately that you get arrested or die. 307. Respondent repeatedly asked Defendant if he wanted treatment or help and Defendant reiterated that he did not want treatment. 308. Prior to transferring the case to another judge, Respondent stated, ?The kid that was just up here before you was just up to ten bags of heroin a day.? Defendant 309. On May 19, 2004, a defendant (hereinafter referred to as ?Defendant appeared with counsel before Respondent on Defendant Y?s Request for Recusal. 310. Defendant had been a Kane County Drug Court defendant since 2001. 311. At the start of the proceeding, Respondent lectured Defendant and her counsel about the extensive time and effort Respondent and other members of the Kane County Drug Court staff had invested in assisting Defendant Y. Respondent expressed his shock and disappointment that Defendant now sought to terminate her participation in Kane County Drug Court. 312. Respondent then denied Defendant Y?s motion for recusal. 44 313. Defendant Y?s counsel immediately ?led a motion for substitution for cause. 314. Respondent refused to transfer the case to another judge for consideration of the motion for substitution for cause, but instead continued the case for one week until May 26, 2004. 315. On May 26, 2004, Defendant again appeared with her counsel before ReSpondent on the pending motion for substitution for cause. 316. During the May 26, 2004 proceeding, Respondent again expressed his frustration and disappointment in Defendant Y?s desire to transfer from Kane County Drug Court. 317. Respondent stated that he was confused and offended about Defendant Y?s motion. 318. Respondent then proceeded to disclose, in detail, in open court, con?dential information regarding Defendant Y?s drug abuse and mental health treatment and history in Kane County Drug Court. 319. Defendant Y?s counsel objected to Respondent?s recital of the defendant?s treatment information, but Respondent ignored the objection. 320. Respondent refused Defendant Y?s attorney?s request to be heard during the proceeding and stated that his Request for Recusal was a ?scurrilous attack? on Respondent. 321. At the end of the proceeding, Respondent reconsidered his earlier denial of the motion for recusal, then recused himself from Defendant Y?s case. Respondent did not address Defendant Y?s outstanding motion for substitution of judge. 45 322. On one or more other occasions during Defendant Y?s participation in Kane County Drug Court, Respondent ordered Defendant arrested and/or remanded to jail. Respondent did so off-the-record, without counsel present, and without ?rst holding a hearing. 323. During Defendant Y?s time in the Kane County Drug Court, she was incarcerated by Respondent in excess of 500 days. Defendant 324. On April 30, 2004, a defendant (hereinafter referred to as ?Defendant appeared before Respondent with counsel on Defendant Z?s motion for substitution of judge for cause. 325. Defendant had been a Kane County Drug Court defendant for almost four years. 326. At the start of the hearing on the motion for substitution of judge, Respondent recited in detail on the record Defendant Z?s history in Kane County Drug Court, including, inter alia, con?dential details about Defendant Z?s criminal history, personal life, and mental health. 327. Respondent expressed his disappointment and anger over Defendant Z?s motion for substitution. 328. At the end of the proceeding, Respondent recused himself from the case, thereby avoiding independent consideration of the motion for substitution for cause. 329. On one or more other occasions during Defendant Z?s participation in Kane County Drug Court Respondent ordered Defendant arrested and/or remanded to jail. Respondent did so off-the?record, Without counsel present, and without ?rst holding a hearing. 46 Defendant AA 330. On February 13, 2004, a defendant (hereinafter referred to as ?Defendant who was in custody, was brought before Respondent for his initial appearance. 331. At the time of Defendant initial appearance before Respondent, Defendant AA had been charged with a Class IV felony, but had not yet made an application to Kane County Drug Court, had not yet agreed to be admitted into Kane County Drug Court or to its terms, had not yet signed a written agreement to participate in Kane County Drug Court, and had not yet pled guilty. 332. Defendant initial appearance before Respondent took place in the jury room behind Respondent?s courtroom outside the presence of a court reporter. 333. At his initial appearance before Respondent, Defendant AA was not represented by counsel. Defendant wife and daughter were present for the proceeding. 334. When Defendant AA entered the jury room, Respondent asked what the charges were against Defendant AA. 335. Defendant AA responded that he wanted to present a motion for substitution of udge and did not want to answer any questions. 336. Respondent screamed at Defendant AA, his wife, and his daughter to get out of his courtroom and continued the case to a date two weeks later. Defendant BB 337. On March 20, 2003, a defendant (hereinafter referred to as ?Defendant made her initial appearance before Respondent with counsel. 338. At the time of her initial appearance before Respondent, Defendant BB had been charged with a Class IV felony, but had not yet made an application to Kane County 47 xterm Drug Court, had not yet agreed to be admitted into Kane County Drug Court or to its terms, had not yet signed a written agreement to participate in Kane County Drug Court, and had not yet pled guilty. 339. At the start of the proceeding, Respondent immediately asked Defendant BB how long she had been using cocaine. 340. Before Defendant BB answered the question, her counsel alerted Respondent that he had filed a motion for substitution in this case on behalf of Defendant BB. 341. Ignoring Defendant counsel, Respondent repeated his question to Defendant BB, and then asked a series of additional questions about whether Defendant BB was ?clean,? and Whether she had violated any of her bond conditions or used drugs other than cocaine. 342. Defendant BB denied using any drugs. 343. Respondent ordered a drug test to be performed on Defendant BB immediately. 344. After the drug test came back negative, Respondent transferred the case to a different judge for reassignment. Defendant CC 345. On January 15, 2004, a defendant (hereinafter referred to as ?Defendant appeared with counsel before Respondent on Defendant motion for substitution of judge. 346. During this proceeding, Respondent mentioned by name two other criminal defendants who were not present in court and stated that these two defendants were attempting to get back into Kane County Drug Court. 48 Defendant DD 347. On January 23, 2003, a defendant (hereinafter referred to as ?Defendant appeared with counsel before Respondent on Defendant application for Kane County Drug Court. 348. During this proceeding, Respondent mentioned by name a defendant in Kane County Drug Court and stated such defendant?s name and town of residence. Respondent also stated that the defendant had ?been in D.O.C. 10 times? and had obtained treatment. Defendant JJ 349. In or about August of 2001, a defendant (hereinafter referred to as ?Defendant was present in Kane County Drug Court after his case had been heard in another courtroom that morning. 350. Defendant case in the other court room had been continued so that a new public defender could be appointed. 351. Defendant was in Respondent?s court room because Defendant had friend with a case pending before Respondent. 352. During the friend?s appearance before Respondent, Respondent asked Defendant I ?3 friend to identify others that were in the friend?s same treatment program. 353. The friend identi?ed Defendant as being part of the same treatment program. i 354. Respondent told Defendant to approach the bench. 355. Without inquiring as to whether Defendant was represented, Respondent ordered a member of his staff to retrieve Defendant H?s records from the other court room and asked whether Defendant had a problem being transferred to Drug Court. 49 356. Defendant JJ replied that he had no problem so long as Defendant was allowed to remain in his current treatment program. 357. At no time during Defendant initial proceeding did Respondent inform Defendant I about his Sixth Amendment right to counsel, his Fifth Amendment privilege against self-incrimination, or his statutory right to appointment of counsel. In addition, at no time during the proceeding did Respondent inform Defendant I about the terms and conditions of Kane County Drug Court, obtain from Defendant a written consent to be admitted into Kane County Drug Court, or otherwise allow Defendant the opportunity to make a knowing and voluntary choice to participate in Kane County Drug Court. 358. After Defendant was in Kane County Drug Court for approximately four weeks, Respondent introduced Defendant to a public defender. 359. The public defender explained the rules of the Kane County Drug Corn?: and obtained Defendant ?s signature on the application form. This application form does not appear in Defendant ?s files. 360. During a subsequent appearance, held off the record, Respondent told Defendant that if he successfully graduated from the Kane County Drug Court, his Kane County arrest records would be expunged and Defendant ?3 times and costs would be waived. 361. Defendant I graduated from the Kane County Drug Court in October 2003. 362. After the graduation ceremony, Respondent entered an order extending Defendant?s term of probation for 12 months ?by agreement? deSpite the fact that Defendant had not agreed to any extension and was not present when the order was entered. 50 363. Recently, Defendant was summoned to appear before the current Presiding Judge of the Kane County Drug Court for failure to pay the outstanding fines and costs, because there was never any ?nal order disposing of Defendant ?3 case or waiving Defendant ?nes or costs. 364. Respondent did not expunge Defendant I ?5 Kane County charges, nor did Respondent waive Defendant ?s fines and costs. Detendanr KK 365. On September 28, 2001, a defendant (hereinafter referred to as ?Defendant pled guilty before Respondent. 366. On or about that same date, Defendant KK signed the Kane County Drug Rehabilitation Court Agreement/ Contract and an Order of Drug Rehabilitation Court. 367. The Order of Drug Rehabilitation Court did not identify an end date to Defendant probation or order restitution to be paid despite there being spaces on the order for that information. 368. Almost three years later, on April 16, 2004, Without notice to Defendant and without holding a hearing, Respondent entered an order stating that Defendant is obligated to pay restitution of $1,552.60. 369. The court order does not re?ect that Defendant KK, his attorney, or a court reporter was present. Defendant LL 370. In October 2001, a defendant (hereinafter referred to as ?Defendant signed the Kane County Drug Rehabilitation Court Agreement/Contract and an Order of Drug Rehabilitation Court. 51 {Minsk .- 371. The Order of Drug Rehabilitation Court does not identify an end date to Defendant probation or order restitution to be paid despite there being spaces on the order for that information. 372. Respondent issued multiple no-bond warrants for Defendant LL without a court reporter present. 373. More than three years later, on November 30, 2004, without notice to Defendant LL and without holding a hearing, Respondent entered an order stating that Defendant LL owes restitution in the amount of $1,841.10 and requiring Defendant to begin making payments as of December 15, 2004. Defendant MM 374. On February 23, 2002, a defendant (hereinafter referred to as ?Defendant was ordered to pay $4,250 in restitution as a part of his conviction for forgery. 375. Despite the existence of this order, Defendant MM was allowed to graduate from the Kane County Drug Court in 2004 Without paying this court-ordered restitution. 376. No order was entered formally ending Defendant participation in the Kane County Drug Court or vacating the previous order of restitution. Defendant NN 377. Respondent ordered a defendant (hereinafter referred to as ?Defendant to pay restitution in the amount of $12,613.32 and $315.00 to two separate victims on March 22, 2002. 378. Defendant was also ordered to pay ?nes and costs of over $2,000. 52 379. Despite the existence of these orders, Defendant NN was allowed to graduate from the Kane County Drug Court in 2003 without paying the court-ordered restitution, ?nes, and costs. 380. No order was entered formally ending Defendant participation in the Kane County Drug Court or vacating the previous order of restitution. Defendant 00 381. On October 8, 2004, a defendant (hereinafter referred to as ?Defendant 00?) graduated from the Kane County Drug Court. 382. Defendant case was nolle pros on October 22, 2004. 383. On February 16, 2005, Respondent vacated the October 22, 2004 order, issued a warrant for Defendant arrest, and reopened the case. 384. Defendant 00 was subsequently ordered to report to an in?patient care facility despite having previously graduated from the Kane County Drug Court. Defendants PP 385. Defendants (hereinafter referred to as ?Defendants all lived outside of Kane County and were allowed to participate in the Kane County Drug Court despite Kane County residency being a requirement of the Kane County Drug Court. Defendant 000 386. On January 26, 2001, a defendant (hereinafter referred to as ?Defendant 000?) was referred to the Kane County Diagnostic Center. 387. A evaluation of Defendant 000 was performed by February 27, 2001. 388. Neither Respondent nor Respondent?s staff ever requested records showing the result of Defendant evaluation. 53 Defendant 389. On August 22, 2001, a defendant (hereinafter referred to as ?Defendant was referred to the Kane County Diagnostic Center. 390. A evaluation of Defendant was performed by November 21, 2001. 391. Neither Respondent nor Respondent?s staff ever requested records showing the result of Defendant evaluation. Defendant 392. On November 28, 2001 a defendant (hereinafter referred to as ?Defendant was referred to the Kane County Diagnostic Center. 393. A evaluation of Defendant was performed by December 28, 2001. 394. Neither Respondent nor Respondent?s staff ever requested records showing the result of Defendant evaluation. Defendant 395. On December 29, 2003, a defendant (hereinafter referred to as ?Defendant was referred to the Kane County Diagnostic Center. 396. A evaluation of Defendant was performed by January 15, 2004. 397. Neither Respondent nor Respondent?s staff ever requested records showing the result of Defendant evaluation. Defendant 398. On May 6, 2004, a defendant (hereinafter referred to as ?Defendant was referred to the Kane County Diagnostic Center. 54 399. A evaluation of Defendant was performed by July 1, 2004. 400. Neither Respondent nor Respondent?s staff ever requested records showing the result of Defendant evaluation. Defendant 401. A defendant (hereinafter ?Defendant has been a defendant in the Kane County Drug Court since December 7, 2004. 402. Defendant was diagnosed with a severe mental health disorder, which left him severely disabled. 403. This disorder was noted in the Kane County Drug Court log, but no specialized treatment regimen was attempted. 404. During Defendant routine meetings with Respondent, Defendant repeatedly informed Respondent that he had this diagnosis and needed treatment from a mental health professional. 405. Respondent failed to consider the impact of Defendant dual diagnosis on Defendant treatment regime. 406. Instead, Defendant was repeatedly jailed by Respondent for failing to meet the requirements of the Kane County Dru Court. Defendant 407. A defendant (hereinafter referred to as ?Defendant was a defendant in the Kane County Drug Court. 408. Defendant has been hospitalized and takes several medications for his mental health needs. 55 409. Defendant and his mother would attend the weekly appearances before Respondent. 410. Because, the appearances before Respondent bore resemblance to other traumatic experiences in his life, rather than being an active participant in the discussion, Defendant would ?black out? or ?shut down? during his appearances. 411. Rather than attempting to provide a specialized regimen or determining that Defendant was an inappropriate defendant for the Kane County Drug Court, Respondent repeatedly sanctioned Defendant for failing to meet the requirements of the Kane County Drug Court. Defendant 412. Defendant was a defendant in Kane County Drug Court. 413. Defendant has been hospitalized and takes several medications for her mentally health needs. 414. There is nothing in the Kane County Drug Court Records indicating that the Kane County Drug Court did anything to attempt to address Defendant dual diagnoses as a drug abuser and mental health patient. Defendant 415. Defendant was a defendant in the Kane County Drug Court. 416. Defendant has been hospitalized and takes several medications for her mental health needs. 417. Defendant signed a Release of Information for the Kane County Drug Court, but there were no treatment records in Defendant Kane County Drug Court File. 56 ?a 418. There were, however, mental health records in Defendant regular probation ?le. 419. There is nothing in the Kane County Drug Court Records indicating that the Kane County Drug Court did anything to attempt to address Defendant dual diagnoses as a drug abuser and mental health patient. Defendant 420. Defendant was a defendant in the Kane County Drug Court. 421. Defendant has been hospitalized and takes several medications for her mental health needs. 422. There is nothing in the Kane County Drug Court Records indicating that the Kane County Drug Court did anything to attempt to address Defendant dual diagnoses as a drug abuser and mental health patient. Defendant 423. Defendant was a defendant in the Kane County Drug Court. 424. Defendant has been hospitalized and takes medication for her mental health needs. 425. Defendant signed a Release of Information for the Kane County Drug Court, but there were no treatment records in Defendant Kane County Drug Court File. 426. There were, however, mental health records in Defendant regular probation file. 57 427. There is nothing in the Kane County Drug Court Records indicating that the Kane County Drug Court did anything to attempt to address Defendant dual diagnoses as a drug abuser and mental health patient. Violations of the Judicial Canons Systematic Violation of Constitutional Rights Count I: Systematic Violation of Criminal Defendants? Sixth and Fourteenth Amendment Right to Counsel 428. The Board hereby incorporates paragraphs 1-427. 429. Respondent has systematically violated criminal defendants? right to counsel at critical stages of criminal proceedings against them pursuant to the Sixth and Fourteenth Amendments of the United States Constitution. Count II: Systematic Violation of Criminal Defendants? Fifth and Fourteenth Amendment Privilege Against Self-Incrimination 430. The Board hereby incorporates paragraphs 1-429. 431. ReSpondent has systematically revoked bond, imposed sanctions of incarceration, levied ?nes and restitution, or otherwise used against defendants, statements obtained in violation of the defendants? privilege against selfuincrimination pursuant to the Fifth and Fourteenth Amendments of the United States Constitution. Count 111: Systematic Violation of Criminal Defendants? Fifth and Fourteenth Amendment Rights to Due Process 432. The Board hereby incorporates paragraphs 1-431. 433. Respondent has systematically violated criminal defendants? right against deprivation of liberty and property Without due process of law pursuant to the Fifth and Fourteenth Amendments of the United States Constitution. 58 Systematic Violation of Statutory Rights Count IV: Systematic Violation of Criminal Defendants? Statutory Right to Appointment of Counsel 434. The Board hereby incorporates paragraphs 1-433. 435. 725 ILCS 5/ 109~2 provides, in relevant part, that a person arrested with or without a warrant is required to be taken before a judge and the judge shall ?advise the defendant of his right to counsel and if indigent shall appoint a public defender or licensed attorney at law of this State to represent 436. Respondent has systematically failed to inform defendants of their right to counsel and failed to appoint counsel to indigent defendants prior to interrogating defendants about their drug use and eliciting incriminating statements. Count V: Systematic Violations of Sections 730 ILCS 166/20(a) and l66/25(b) of the Illinois Drug Treatment Act 437. The Board hereby incorporates paragraphs 1-436. 438. Respondent has systematically violated the provisions of the Illinois Drug Court Treatment Act, including, but not limited to in the following ways: - Failing to admit defendants into Kane County Drug Court only upon the agreement of the defendant. 730 ILCS - Failing to exclude from Kane County Drug Court defendants that deny their addition to drugs or defendants that do not demonstrate a willingness to participate in a treatment program. 730 ILCS Failing to inform defendants of the terms and conditions of Kane County Drug Court and that if defendants decide to participate but fail to meet the terms and conditions, eligibility may be revoked and the defendant may be sentenced or the prosecution continued. 730 ILCS - Failing to ensure that defendants consented in writing to participation in and to all the terms and conditions of Kane County Drug Court. 730 ILCS 59 Count VI: Systematic Violation of Criminal Defendants? Statutory Right to Substitution of Judge 439. The Board hereby incorporates paragraphs 1-438. 440. Pursuant to 725 ILCS Within ten days after a cause involving only one defendant has been placed on the trial call of a judge, the defendant may move the court in writing for a substitution of that judge on the ground that such judge is so prejudiced against him that he cannot receive a fair trial. Upon the ?ling of such a motion, the court shall proceed no further in the cause but shall transfer it to another judge not named in the motion. 441. Respondent has repeatedly failed to honor defendants? statutory right to substitution of judge. 442. In the face of such motions for substitution of judge, Respondent has proceeded to interrogate defendants about their drug use, and ordered drug tests on defendants. Count VII: Systematic Violation of Criminal Defendants? Statutory Rights Relating to Changes in Bond 443. The Board hereby incorporates paragraphs 1-442. 444. Prior to increasing or reducing the amount of bail, altering the conditions of bail, or granting bail where it has been previously revoked or denied, Illinois law mandates various procedural steps, including inter alia, reasonable notice to the defendant, issuance of a warrant, and a hearing with representation of counsel. 725 ILCS 5/110-6 et seq. 445. Respondent has systematically altered the conditions of defendants? bond and issued no-bond warrants without notice to the defendant, and has done so off the record, without a hearing, and without ensuring representation of counsel in violation of Illinois law. Count Systematic Violation of Criminal Defendants? Statutory Right to Con?dentiality of Substance Abuse Treatment Records 446. The Board hereby incorporates Paragraphs 1-445. 60 i 447. United States and Illinois laws require, inter alia, that records of the identity, diagnosis, prognosis or treatment of any patient maintained in connection with the performance of any program or activity relating to substance abuse prevention, treatment, or rehabilitation, which is conducted, regulated, or directly or indirectly assisted by any department or agency of the United States be con?dential and disclosed only under expressly authorized circumstances. 42 U.S.C. 290dd?2; 42 C.F.R. 2 et seq; 20 ILCS 448. ReSpondent routinely violated criminal defendants? statutory rights to con?dentiality of substance abuse treatment records by discussing defendants? drug abuse and mental health treatment matters in open court and elsewhere. 449. Respondent routinely discussed in open court con?dential information concerning the cases and drug problems of defendants not present in court. 450. Respondent routinely allowed lay people, including, but not limited to, volunteers and students, to have access to con?dential Kane County Drug Court ?les. Count IX: Concealment of Systematic Violations of Constitutional and Statutory Rights 451. The Board hereby incorporates paragraphs 1?450. 452. Sometime prior to November 2003, several attorneys went to the Chief Judge of the Sixteenth Judicial Circuit to complain about Respondent?s systematic violation of criminal defendants? constitutional and statutory rights. 453. As a result, on December 2, 2003, the Chief Judge met with Respondent to discuss the attorneys? complaints and the manner in which Respondent conducted Kane County Drug Court. 454. At the December 2, 2003 meeting, the Chief Judge raised with Respondent, inter alia, his concern that Respondent was systematically violating defendants? 61 fundamental rights and privileges, including the right to be presumed innocent, the privilege against self-incrimination, the right to counsel, the right to due process, the statutory right to substitution of judge, and the statutory right to con?dentiality. The Chief Judge told Respondent that defendants? rights could not be overridden and instructed Respondent to address the expressed concerns. 455. After his meeting with the Chief Judge, Respondent intentionally continued his practice of questioning unrepresented defendants about their drug habits prior to informing defendants of their rights and prior to defendants? knowing and voluntary choice to participate in Kane County Drug Court, but did so outside the presence of a court reporter or only after instructing the court reporter to go ?off the record.? Systematic Instances of Failure to Discharge His Adjudicative and Administrative Responsibilities Count X: Systematic Failure to Enforce Restitution Orders and Orders Levying Fines and Court Costs 456. The Board hereby incorporates paragraphs 1?455 . 457. The Kane County Drug Rehabilitation Court Agreement/Contract states that defendants ?[w]ill pay costs, ?nes, and restitution.? 458. Respondent routinely failed to enforce restitution orders and orders levying ?nes and costs. 459. Because it was not Respondent?s routine practice to enter orders formally ending the defendant?s participation in the Kane County Drug Court, Respondent repeatedly allowed defendants to graduate from the Kane County Drug Court prior to paying court?ordered restitution, ?nes, and costs. 62 460. Respondent?s failure to enforce restitution orders prevented victims of felonies from receiving their court-ordered restitution. 461. Respondent?s failure to enforce orders levying ?nes and costs prevented the Circuit Court of Kane County from collecting properly ordered ?nes and costs. 462. Respondent?s failure to enforce restitution orders and orders levying ?nes and costs continues to be a problem for the operation of the Kane County Drug Court. 463. There are currently defendants in the Kane County Drug Court who maintain that Respondent promised them that if they graduate from the Kane County Drug Court that the court-ordered restitution, ?nes, and costs will be waived. 464. Because defendants routinely appeared before Respondent Without a court reporter and without an attorney, the Kane County Drug Court record does not establish whether or not such promises were made. 465. The resulting dilemma facing the Kane County Drug Court is whether to enforce the court-ordered restitution, ?nes, and court costs despite Respondent?s alleged promises or to allow the victim of the felony to go without restitution or the Kane County Circuit Court to forfeit its fines and costs. 466. A separate problem occurs when the Kane County Drug Court is faced with a victim of a felony who petitions the Kane County Drug Court to receive restitution from a defendant that has previously graduated from the Kane County Drug Court. 467. In several cases, because the defendants graduated from the Kane County Drug Court and completed their term of probation without enforcement of the restitution order, the Kane County Drug Court had to inform the victim that it no longer any jurisdiction to enforce the order. 63 Aw? .. Count XI: Systematic Failure to Properly Document the Activities of the Kane County Drug Court and Maintain Accurate Records of the Kane County Drug Court 468. The Board hereby incorporates paragraphs 1?467. 469. The court records of the Kane County Drug Court and the correSponding probation records, which were under Respondent?s control, were de?cient in multiple ways. 470. First, many defendants participated in the Kane County Drug Court without the existence of a signed Kane County Drug Rehabilitation Court Agreement/Contract. 471. Second, after defendants entered the Kane County Drug Court, they would meet with Respondent out of the presence of a court reporter or a recording device. 472. Third, in many cases there were no court orders or incomplete court orders memorializing defendants? appearances before Respondent. 473. Fourth, Respondent failed to enter orders closing the cases that should have been closed, including those cases where a defendant had ?graduated? or in cases where a defendant did not successfully complete the program, either by entering judgment or dismissing the case. 474. Fifth, the Kane County Drug Court probation records did not comply with the applicable guidelines for the maintenance of probation records. 475. Accordingly, in many cases, the court ?les and/or probation ?les maintained by the Kane County Drug Court were incomplete and did not give an accurate accounting of the status of the defendants? cases. 476. This systematic failure to document the activities of the Kane County Drug Court during Respondent?s tenure has plagued and continues to plague the operation of the Kane County Drug Court in several ways. 64 3 477. First, current and former defendants claim that Respondent promised them that upon graduation one or more of the following actions would be taken: defendants? criminal records would be expunged, defendants? previously agreed upon conviction would not be entered, and/or defendants? restitution, fines or court costs would be waived. 478. Because there are no transcripts or court orders evidencing these promises, the Kane County Drug Court cannot enforce them and many defendants feel they have been mistreated by the Kane County Drug Court. 479. Second, for a period of time after Respondent was removed, it was unclear which individuals were part of the Kane County Drug Court and which were not. 480. Third, because ?nal orders were not always entered when defendants exited the Kane County Drug Court, regardless of their success, many defendants had to be summoned back before the Kane County Drug Court to determine the status of their case. 481. Fourth, after Respondent was reassigned, the Kane County Drug Court ?les had to be reconstructed. Count XII: Systematicallv Allowing Ineligible Defendants to Participate in the Kane County Drug Court 482. The Board hereby incorporates paragraphs 1-481. 483. The Drug Court Treatment Act provides that a defendant shall be excluded from a drug court if the defendant is charged with a crime of violence as de?ned in the Act. 730 ILCS 484. A defendant should be excluded from a drug court if that defendant has been convicted of a crime of violence as de?ned by the Act any time in the last 10 years. 730 ILCS 65 were.? 485. A defendant should be excluded from a drug court if that defendant has previously completed or has been discharged from a drug court program. 730 ILCS 486. The Act provides that the Chief Judge of each Illinois Circuit may establish a drug court and the format of the Drug Court. 735 ILCS 166/35. 487. One of the requirements for participation in the Kane County Drug Court is that the defendant must be a resident Kane County. 488. Respondent routinely allowed defendants that should have been excluded from the Kane County Drug Court pursuant to the Illinois Drug Treatment Act or the rules establishing the Kane County Drug Court to participate in the Kane County Drug Court. Count Systematic Failure to Order Kane County Drug Court Defendants to Submit DNA Samples to the Illinois State Police 489. The Board hereby incorporates paragraphs 1-488. 490. 730 ILCS provides that an individual that is ?convicted of any offense classi?ed as a felony under Illinois law? be required to submit DNA evidence to the Illinois State Police. 491. Respondent was made aware of this provision no later than August 26, 2003. 492. 20 Ill. Adm. Code 1285.30 requires the judge who sentences a defendant to a felony to also ?issue an order requiring the offender to provide specimens.? 493. As a condition of entering the Kane County Drug Court, defendants must plead guilty to either a Class or Class IV felony under Illinois law. 66 . l: 494. Accordingly, Respondent should have ordered Kane County Drug Court defendants to provide DNA specimens to the Illinois State Police. 495. Respondent routinely failed to order Kane County Drug Court defendants to submit DNA specimens to the Illinois State Police. Count XIV: Prevented Kane County Drug Court Defendants From Receiving Proper Treatment for Their Mental Health Needs 496. The Board hereby incorporates paragraphs 1-495. 497. Respondent prevented defendants in Kane County Drug Court from receiving proper mental health treatment by treating defendants that had mental health issues like typical Kane County Drug Court defendants instead of individuals with dual diagnoses. 498. Respondent failed to account for the obvious need for specialized treatment of defendants that had mental health issues in at least the following ways. 499. First, in many cases, Respondent did not order mental health evaluations to be performed on defendants who were taking medications designed to address mental health issues, had been previously hospitalized for mental health issues, or identified themselves as having mental health issues. 500. Second, in many cases, Respondent failed to request release forms from defendants who were taking medications designed to address mental health issues, had been previously hospitalized for mental health issues, or identi?ed themselves as having mental health issues so the Kane County Drug Court could access these defendants? mental health records. 501. Third, in many cases, Respondent asked defendants who were taking medications designed to address mental health issues, had been previously hospitalized for mental health issues, or identi?ed themselves as having mental health issues to ?ll out release 67 forms so that the Kane County Drug Court could access these defendants? records, but Respondent never actually requested the records from the health care providers. 502. Fourth, in many cases, Respondent failed to request the regular probation records that contained mental heath histories on defendants who were taking medications designed to address mental health issues, had been previously hospitalized for mental health issues, or identi?ed themselves as having mental health issues. 503. Because Respondent failed to account for defendants? mental health issues, in many cases, these defendants did not respond well in the Kane County Drug Court and were sanctioned just like a defendant that did not have dual diagnoses. 504. By admitting mentally ill defendants into the Kane County Drug Court and then failing to address their mental health issues, Respondent prevented these defendants from receiving specialized mental health treatment. Abuse of Power and Poor Temperament 505. On numerous occasions, Respondent has displayed poor temperament and intimidated, threatened and acted vindictiver to people with whom Respondent has had contact by virtue of his judicial position, including but not limited to the following instances: Count XV: Improper Conduct Towards Probation Of?cer 506. The Board hereby incorporates paragraphs 1?505. 507. The Kane County Court Services Department (?Court Services?) is a department within the Circuit Court for the Sixteenth Judicial Circuit. 508. Court Services is comprised of multiple divisions, including the Kane County Probation Department. 68 Mam, 509. In April 2002, a probation of?cer (hereinafter referred to as ?Probation Of?cer within the probation department of Court Services was assigned to a defendant (hereinafter referred to as ?Defendant 510. Defendant EE was not a Kane County Drug Court defendant and did not have a case pending before Respondent. 511. On April 30, 2002, Defendant EE died of an overdose of drugs. 512. On May 2, 2002, Respondent told the Director of Kane County Drug Court to bring Probation Officer A into the Director?s of?ce. Respondent was waiting in the Director?s of?ce to speak to Probation Of?cer A. 513. Respondent had not previously contacted the Executive Director of Court Services or Probation Of?cer A?s supervisor to request a meeting with Probation Of?cer to discuss Respondent?s concerns regarding Defendant BB. 514. Probation Of?cer A arrived alone at the of?ce and then either Respondent or the Director closed the door behind her. 515. During the meeting, Respondent repeatedly demanded from Probation Of?cer A answers about Why Defendant EE had died and Why Probation Of?cer A had not referred Defendant EB to Kane County Drug Court. 516. During the May 2, 2002 meeting, Probation Of?cer A openly became upset and began to cry. 517. Respondent accused Probation Of?cer A of causing Defendant death. 518. Probation Of?cer A then left Respondent?s of?ce. 69 519. After speaking to Probation Of?cer A, the Executive Director of Court Services went to the of?ce of the Director of the Kane County Drug Court. 520. After the Executive Director of Court Services arrived, Respondent approached the Executive Director and, a short distance from the Executive Director?s face, began breathing hard through his nose and asked the whereabouts of Probation Of?cer A. Count XVI: Intimidation of Court Services Staff 521. The Board hereby incorporates paragraphs 1-520. 522. In or around July 2002, the Director of the Kane County Diagnostic Center, which is a department Within Court Services, and various other members of the Court Services staff, including the Director and Assistant Director of Kane County Drug Court, began to organize a ?Court Services Team-Building Meeting? to open the lines of communication between all court services staff and to address questions and concerns that court services staff had about the operation of Kane County Drug Court. 523. The team-building meeting was scheduled for September 13, 2002. 524. In preparation for the meeting, Court Services supervisors gathered a list of questions and concerns from various staff members to be addressed at the meeting. 525. In order to ensure free and open dialogue among the Court Services staff, neither the Executive Director of Court Services nor the Court Administrator were invited to attend the team?building meeting. 526. For the same reason, no judges were invited to attend the team-building meeting. 70 4 Wm? 527. On September 13, 2002, Respondent appeared uninvited at the meeting with his former court reporter and caused the court reporter to record the meeting in the presence of the Court Services staff. 528. Respondent proceeded to give Court Services staff a lecture praising the Kane County Drug Court and discussing the problems with ?regular probation.? 529. During the meeting, Respondent accused Court Services staff members of personally attacking him and committing slander and libel against him because they had submitted questions to their supervisors to be addressed at the meeting. 530. Although Respondent left partway through the meeting, his former court reporter remained and recorded the remainder of the team-building meeting. 531. Respondent intended for his presence and the transcription of the team- building meeting to intimidate Court Services staff. Count XVII: Improper Conduct Towards Executive Director of Court Services 532. The Board hereby incorporates paragraphs 1-531. 5 33. During 3. meetings between the Executive Director of Court Services and the Court Administrator in or around January 2004, Respondent entered the meeting uninvited with members of the Kane County Drug Court staff. 534. After discussing the case of a particular defendant in Kane County Drug Court, Respondent in an intimidating manner accused the Executive Director of Court Services of sabotaging Respondent?s drug court and attempting to kill that defendant. Count Improper Conduct Towards Probation Officer 535. The Board hereby incorporates paragraphs 1?534. 71 536. On March 27, 2003, a supervisor at the Aurora of?ce of the Probation Department (hereinafter referred to as ?Probation Supervisor expressing a concern about a possible gang confrontation, wrote a memorandum requesting that a certain defendant make his drug tests in the St. Charles Probation Of?ce instead of the Aurora Probation Of?ce. 537. When Respondent learned of the memorandum, Respondent called Probation Supervisor A into his of?ce and, in the presence of several Kane County Drug Court staff, screamed at Probation Supervisor A words to the effect of, ?You have no character and no morals going behind my back.? Respondent stood over Probation Supervisor A in an intimidating manner While making the remarks. 538. Sometime prior to June 27, 2003, in disregard of existing Court Services? procedures, Respondent and/or the Kane County Drug Court staff created sign-in sheets for Kane County Drug Court defendants to bring to probation of?cers for signature. 539. Because the sign~in sheets were not part of the established procedure for Court Services, Probation Supervisor A told his staff not to sign anything until he received con?rmation from the Executive Director of Court Services regarding the proper procedure. 540. On June 27, 2003, after Respondent discovered that Probation Supervisor A had instructed probation of?cers not to Sign the sign?in sheets, Respondent called Probation Supervisor A on the telephone. 541. During the telephone call, Probation Supervisor A attempted to explain the existing Court Services procedures and his concerns With forgery as to the sign-in sheets, but Respondent interrupted Probation Supervisor A, informed him in a loud voice that Respondent did not care What the Court Services procedures were, and insisted that Probation Supervisor A 72 seams instruct his staff to use the sign-in sheets Respondent and/or the Kane County Drug Court staff had created. Count XIX: Improper Conduct Towards Assistant Public Defender 542. The Board hereby incorporates paragraphs 1-541. 543. In or around 2001 or 2002, an Assistant Public Defender (hereinafter referred to as ?Assistant Public Defender represented a defendant (hereinafter referred to as ?Defendant 544. As part of Assistant Public Defender A?s representation of Defendant FF, Assistant Public Defender A ?led a bond reduction motion seeking to have Defendant FF released on bond. 545. After the bond reduction hearing, Respondent granted Defendant motion for bond reduction and Defendant FF was released on bond. 546. The next night, Defendant FF was shot and killed at a party. 547. The following week, when Assistant Public Defender A appeared before Respondent, in an intimidating, angry manner and in his courtroom crowded with people, Respondent publicly berated Assistant Public Defender A and accused her of killing Defendant FF . Count XX: Improper Conduct Towards Defense Attorney 548. The Board hereby incorporates paragraphs 1-547. 549. On November 14, 2003, a defense attorney (hereinafter referred to as ?Defense Attorney appeared before Respondent with her client, Defendant X, on Defendant X?s motion to substitute judge. 73 550. As the sheriff was bringing Defendant X, who was in custody, into the courtroom, Defense Attorney A approached the bench and informed Respondent that she would be requesting a substitution of judge on behalf of Defendant X. 551. Respondent stopped looking through his ?le, glared at Defense Attorney A, and stated words to the effect of, ?Why do you defense attorneys keep doing this? I?m going to hold you personally responsible when he dies from a heroin overdose.? Count XXI: Improper Conduct Towards Independent Consultant 552. The Board hereby incorporates paragraphs 1-551. 553. In or around February 2003, the Chief Judge of the Sixteenth Judicial Circuit hired an independent consultant (hereinafter referred to as ?Independent Consultant to assist in obtaining funding for Kane County Drug Court and in preparing a manual of rules and procedures for Kane County Drug Court. 554. On multiple occasions, Respondent confronted Independent Consultant A in an emotionally charged and verbally intimidating manner, and accused him of being a ?traitor? because Independent Consultant A had spoken to members of the Court Services staff. 555. Respondent instructed Independent Consultant A not to speak with anyone in Court Services. 556. Respondent also told Independent Consultant A that he did not want a written manual of rules and procedures created for Kane County Drug Court. Count XXII: Intimidation and Detention of Probation Of?cer 557. The Board hereby incorporates paragraphs 1-556. 558. In or around November 2003, Respondent became aware of a November 3, 2003 internal memorandum written by a probation of?cer (hereinafter referred to as 74 .i . .5 QMM ?Probation Officer which documented statements a Kane County Drug Court defendant (hereinafter referred to as ?Defendant had made to Probation Of?cer B. 559. The memorandum written by Probation Of?cer documented Defendant statement that during his recent appearance before Respondent, Respondent allegedly had made a certain offensive statement. 560. On November 14, 2003, Defendant GG was brought before Respondent for a scheduled court appearance. Defendant appearance before Respondent took place in the jury room behind Respondent?s regular courtroom and no court reporter was present. 561. At his November 14, 2003 appearance, Defendant GG did not have counsel present. 562. When Defendant GG was brought into the jury room, Respondent confronted Defendant GG about the information in Probation Of?cer B?s memorandum. Defendant GG became upset and denied having made the statement concerning Respondent described in the memorandum. 563. Concerned that the internal memorandum re?ected negatively upon him, Respondent summoned Probation Of?cer to the jury room. Probation Officer arrived in the jury room accompanied by her supervisor (hereinafter referred to as ?Probation Supervisor 5 64. After Probation Of?cer and Probation Supervisor arrived, Respondent asserted that he had not made the statement ascribed to ReSpondent in Probation Of?cer B?s memorandum. 565. Defendant GG then began to cry and stated that Respondent in fact had not made the alleged offensive statement ascribed to Respondent in the memorandum. 75 566. Respondent ordered Probation Supervisor to change the contents in the memorandum. 5 67. Probation Supervisor told Respondent that the memorandum accurately re?ected a conversation between Probation Of?cer and Defendant GG and that there would not be a change to the memorandum unless a court order directed so. 568. When Probation Supervisor then stood up to leave the room, Respondent refused to allow him to leave. 569. Further, in the presence of Respondent, the Court Security Of?cer physically prevented Probation Supervisor from leaving. 570. Respondent then left the room and went to the Chief Judge?s of?ce to report what had happened. The Chief Judge suggested that the Respondent?s handling of the matter was material for the Judicial Inquiry Board and instructed Respondent to immediately release Probation Supervisor B. 571. Respondent returned to the jury room, ordered Probation Supervisor to change the memorandum, then ordered him released. Count Intimidation. Threats, and Vindictiveness Towards Assistant Public Defender and Kane County Public Defender 5 72. The Board hereby incorporates paragraphs 1-571. 573. In or around October 1994, Respondent presided over the re?trial of the criminal case of a certain defendant (hereinafter referred to as ?Defendant 5 74. Defendant HH was represented by an Assistant Public Defender (hereinafter referred to as ?Assistant Public Defender 575. Defendant HH was ultimately found guilty. 76 576. After Defendant HH was sentenced, Assistant Public Defender ?led a post-trial motion on behalf of Defendant HH which included, inter alia, the allegation that during the jury deliberation, Respondent was seen speaking to the husband of the victim. 5 77. On multiple occasions after Assistant Public Defender ?led the motion, either in connection with Defendant case or other unrelated matters pending before Respondent, Respondent confronted and verbally attacked Assistant Public Defender in open court. 578. For years after Assistant Public Defender ?led the post-trial motion in Defendant case, Respondent unnecessarily and gratuitously disparaged Assistant Public Defender to numerous people, including but not limited to judges, court staff, lawyers, and the public. 579. Because Assistant Public Defender had ?led the aforementioned motion and made the allegation regarding Respondent, on multiple occasions, including in the hallway of the courthouse, in Open court, and in Respondent?s chambers, Respondent forcefully demanded that the Kane County Public Defender terminate Assistant Public Defender B. Respondent sometimes did so in a verbally and physically intimidating manner, with a raised voice and with his ?nger held close to the Kane County Public Defender?s face. Count XXIV: Improper Statement Concerning Criminal Defendant?s Treatment 580. The Board hereby incorporates paragraphs 1?579. 581. In or around late 2002 or early 2003, Respondent, various Kane County Drug Court staff members, and the Chaplain of the Kane County Jail, met in the jury room to discuss Kane County Drug Court cases. 77 44*"me . 582. Respondent stated during this meeting that he wanted to send a certain Kane County Drug Court defendant to a Pentecostal treatment center called ?Teen Challenge.? 583. During the meeting, Respondent was informed by either a Kane County Drug Court staff member or the Chaplain of the Kane County Jail that the defendant did not want to be placed at the Pentecostal treatment center. 584. In response, Respondent stated words to the effect of that the defendant could ?either go to Teen Challenge or remain a Catholic and stay in jail.? Count XXV: Intimidation of a Potential Juror 5 85. The Board hereby incorporates paragraphs 1-5 84. 586. Sometime in 2002 or 2003, Juror A was called for jury duty and reported to Respondent?s court room. 587. Juror A was one of approximately 30 to 40 prospective jurors called for jury duty that day. 588. While addressing the prospective jurors, Respondent made several disparaging remarks about the news media, including stating that the media is unfair and inaccurate. 589. Subsequently, Respondent questioned Juror A about whether he could be fair and unbiased in the case presented. 590. Juror A, being a member of the media, mentioned that he was having dif?culty with Respondent?s remarks about the media. 591. Respondent, raising his voice, ordered Juror A into Respondent?s chambers. 78 592. In chambers, while Juror A was seated, Respondent stood over Juror A in an intimidating and threatening manner. 593. Respondent loudly chastised Juror A for Juror A?s remarks and eventually ordered Juror A out of the courthouse. Interference With Court Services Count XXVI: Interference with Operation of Kane County Court Services Department 594. The Board hereby incorporates paragraphs 1~5 93. 595. Respondent has on numerous occasions failed to act in a patient, digni?ed, and courteous manner towards the employees of Court Services, has publicly criticized the probation department of Court Services, has attended Court Services meetings uninvited, and has intimidated or threatened probation department staff. 596. Respondent has interfered with the operation of Court Services in the instances alleged in the preceding paragraphs, and additionally, including but not limited to in the following instances: Defendant 597. On November 14, 2003, Defendant appeared before Respondent. 598. During this proceeding, Respondent publicly criticized the Kane County Probation Department, stating in open court on the record: Just like the last kid that just came up here. Now, he?s a heroin addict and you know the attorney ?les a SOJ and gets it up there because you go on regular probation and nobody cares. They don?t test you and they don?t do anything and you can continue to do drugs except you are going to die. 599. At the November 14, 2003 hearing, Respondent also stated, ?Regular probation could care less. They try and cut down their hours to 4:00 o?clock,? and ?We know that they play games with everybody.? 79 Defendant 600. On January 30, 2003, Defendant appeared before Respondent. 601. During this proceeding, Respondent publicly criticized the Kane County Probation Department, stating in open court on the record, ?This becomes a mess for you and another example for regular probation.? Defendant II 602. On May 19, 2004, Defendant II appeared before Respondent. 603. During this proceeding, Respondent publicly criticized the Kane County Probation Department, stating in open court on the record, ?You didn?t get any help while you were on regular probation . . . I know.? Defendant 604. On November 14, 2003, Defendant appeared before ReSpondent. 605. During this proceeding, Respondent publicly criticized the Kane County Probation Department, stating in open court on the record that when Defendant would be arrested again, he would be placed on regular probation ?[a]nd if a Judge gives you regular probation for this, because we have a disaster on it, you either continue to use heroin, okay, or you will die.? Interference With Kane County Drug Court Count XXVII: Interference With the Operation of the Kane County Drug Court After His Removal From the Kane County Drug Court 606. The Board hereby incorporates paragraphs 1-605. 607. Respondent interfered with the operation of the Kane County Drug Court after his removal as the Presiding Judge. 80 608. The staff of the Kane County Drug Court, including the current Presiding Judge, meets on a weekly basis to review each of the Kane County Drug Court cases. 609. Respondent, on more than one occasion, has interrupted these meetings and ordered a staff member to leave the meeting to see Respondent immediately. 610. The actions were an attempt to undermine the authority of the current Presiding Judge of the Kane County Drug Court. Count Misuse of Kane County and Kane County Drug Court Resources After Respondent?s Removal From the Kane County Drug Court 611. The Board hereby incorporates paragraphs 1?610. 612. Even though Respondent is no longer the Presiding Judge of the Kane County Drug Court, he met with a Kane County Drug Court staff member to prepare Respondent?s defense in this matter at times when that staff member should have been attending to the business of the Kane County Drug Court. Judicial Canons Violated 613. The Board hereby incorporates paragraphs 1-612. 614. The above-described conduct of Respondent was in violation of the Code of Judicial Conduct, Illinois Supreme Court Rule 61, which provides, in relevant part: An independent and honorable judiciary is indiSpensable to justice in our society. A judge should participate in establishing, maintaining, and enforcing, and should personally observe, high standards of conduct so that the integrity and independence of the judiciary may be preserved. 615. The above-described conduct of Respondent was in violation of the Code of Judicial Conduct, Illinois Supreme Court Rule 62A, which provides, in relevant part: A judge should respect and comply with the law and should conduct himself or herself at all times in a manner that promotes public con?dence in the integrity and impartiality of the judiciary. 81 we?? so," '3 {amwm 616. The above?described conduct of Respondent was in violation of the Code of Judicial Conduct, Illinois Supreme Court Rule 63A, which provides, in relevant part: (1) A judge should be faithful to the law and maintain professional competence in it. A judge should be unswayed by partisan interests, public clamor, or fear of criticism. (2) A judge should maintain order and decorum in proceedings before the judge. (3) A judge should be patient, digni?ed, and courteous to litigants, jurors, Witnesses, lawyers, and others with whom the judge deals in an of?cial capacity, and should require similar conduct of lawyers, and of staff, court of?cials, and others subject to the judge?s direction and control. (4) A judge shall accord to every person who has a legal interest in a proceeding or that person?s lawyer, the right to be heard according to law. (6) A judge shall abstain from public comment about a pending, or impending proceeding in any court, and should require similar abstention on the part of court personnel subject to the judge?s direction and control. (8) A judge shall perform judicial duties without bias or prejudice. (9) Proceedings before a judge shall be conducted without any manifestation, by word or conduct, of prejudice. 82 MMW "a ta. t-?W?k?m 617. The above-described conduct of Respondent was in violation of the Code of Judicial Conduct, Illinois Supreme Court Rule 63B, which provides, in relevant part: (1) A judge should diligently discharge the judge?s administrative responsibilities, maintain professional competence in judicial administration. (2) A judge should require staff, court of?cials and others subject to the judge?s direction and control to observe the standards of ?delity and diligence that apply to the judge. Respondent?s actions constituted conduct which was prejudicial to the administration of justice and conduct which brought the judicial of?ce into disrepute. 83 my, ?t Prayer for Relief WHEREFORE, the Board, charging that the above-described conduct of I Respondent constituted conduct that was prejudicial to the administration of justice and conduct that brought the judicial of?ce into disrepute, prays that the Illinois Courts Commission, after notice of public hearing, make such order in accordance with Section 15 of Article VI of the Illinois Constitution that the Commission may deem appropriate. Dated: February 28, 2006 Respectfully submitted, IUDICIAL INQUIRY BOARD OF THE STATE OF ILLINOIS By: .K N. {Cy of its attom? John N. Gallo Sean P. Burke Sidley Austin LLP One South Dearbom Chicago, IL 60603 312-853?7000 84 CHI 3425206v.5