The judge hearing a politically heated vote-fraud case stemming from last year’s mayoral election in Chicago Heights has recused himself, saying a prominent Democratic state senator had privately asked him to “devote particular attention” to the case.
Thomas “T.J.” Somer filed suit alleging fraud in the April 13, 1999, election, in which Angelo Ciambrone defeated Somer by one vote.
According to court papers filed this week in the lawsuit, Circuit Judge Raymond Jagielski told attorneys for both sides that Sen. Robert Molaro contacted him May 24 and asked to meet that evening at Jagielski’s residence.
The filing, prepared by Somer’s attorney, alleges that Molaro told Jagielski “that if the judge valued his friendship with the senator and with the speaker of the House [Democratic Rep. Michael Madigan], the judge would devote particular attention” to the Chicago Heights case.
Jagielski, according to the memo, immediately told Molaro he would not change any rulings “or in any other way permit bias in the case.”
Jagielski, according to lawyers for Somer and Ciambrone, summoned them the next day and removed himself from the case. He also disclosed the conversation with Molaro to Presiding Judge Michael Murphy, according to the filing.
Jagielski, who was praised by attorneys on both sides for his forthrightness, could not be reached for comment on Wednesday.
Karen Marie Smith, Molaro’s chief of staff, said the senator was out of town, adding “he finds the story totally bizarre, and upon his return next week a statement will be issued that will show nothing improper or unethical occurred.”
A hearing before Murphy to address who will now hear the case has been scheduled for Thursday
Bob Benjamin, a spokesman for Cook County State’s Atty. Richard Devine, said his office “was aware of the document” filed by Somer’s attorneys and isreviewing it.
Reaction from both parties in the lawsuit was swift.
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“This is another example of the long arm of the Chicago machine reaching down here in the south suburbs where it doesn’t belong,” Somer said.
Richard Means, an attorney for Somer, said the case had dragged on a year before Jagielski removed himself. Bringing in a new judge would hurt his client, Means said. “It gets to the point where delay becomes denial,” said Means.
The mayor serves a two-year term.
Both Ciambrone and his attorney, Mat DeLort, denied any knowledge of Molaro’s visit to Jagielski.
“He appears to be a loose cannon,” said Ciambrone of Molaro.
Added DeLort: “We are extremely distressed that he took it upon himself to do this.”
The decision by Jagielski to recuse himself comes more than a year into a hotly contested case over the election outcome.
Somer, the Bloom Township supervisor, alleged more than 150 cases of wrongdoing in the city’s 37 voting precincts.
According to Somer’s suit, the election was marred by absentee voter fraud, non-citizen voting and instances where the same person voted twice. Ciambrone alleged that absentee votes cast for him were never counted.
Means said Jagielski, a Republican, and Democrat Molaro have a common political history, having served in the past as 12th Ward committeemen for their respective political parties. “There isn’t any question these fellows know each other,” Means said.
Despite problems posed by Molaro’s meeting with Jagielski, attorneys for both sides agreed that the judge should stay on the case. “We were very happy with Judge Jagielski having the case,” DeLort said.