Politics: Judge recuses himself from Hinckle case
Judge James Shadid today recused himself from the trial of Monterius Hinkle. He cited he and his wife’s $250 donation to the campaign of fellow Democrat Kevin Lyons, the current Peoria County State’s attorney. The case has been recently politicized because of a dispute stemming from challenger Darin LaHood visit to the family of one of the girls Hinkle is accused of raping. LaHood has been subpoenaed to testify at a change of venue motion by Hinkle’s attorney.
The Peoria Times Observer was set to report on the donation, and Shadid’s decision kept the fact from becoming yet another issue in the race. Chief Judge Stuart Borden will now preside over the case.
Shadid, in his court order, filed today, said, in part, “This case was assigned to me in February 2008. As a candidate for judicial retention I have attended a variety of political functions, including a fundraiser for state’s attorney Kevin Lyons in April of 2008. This does not disqualify me from my sworn duties, nor does it create any reasonable appearance of partiality.
“Nonetheless, because the case has become an issue in the state’s attorney’s race, and before any rulings are made on the defense motions as to change of venue, I have determined to recuse myself for the reasons stated above.”
During his tenure in office, Shadid has developed a reputation for being a tough judge and a good courtroom manager.
Judgeships in Illinois, however, are a political office, and party membership matters in appointments and elections. That a judge would donate to a partisan political campaign isn’t surprising, although that he would donate to state’s attorney is sure to raise eyebrows about the practice. It should be noted that the size of the donation is relatively small.
At a debate before West Peoria Residents’ Association last week, LaHood boasted that he has never sought nor would he accept donations from police officer unions, all of whom have donated to LaHood. He said the office belongs to the public and should not be beholden to anyone.
August 26th, 2008 at 1:18 pm
I believe Judge Borden has only received the case for reassignment, as is the practice any time a judge recuses themselves. The Chief Judge then assigns it to another judge. This does not mean Judge Borden will be hearing the matter. He could choose to keep it or reassign it to another Circuit (elected) Judge. It would be rare to assign this to an associate judge as Circuit Judges are the ones who must hear felony cases and most associate judges are not certified to hear them.