Judge Cynthia Brim: The Difficulty of Removing a Bad Judge From the Bench

      Cynthia Brim, a black woman from Chicago’s south side, graduated from the city’s Loyola University Law School in 1983. In 1994, the 38-year-old lawyer, after working seven years in the Chicago Law Department, was elected to the pos…

      Cynthia Brim, a black woman from Chicago's south side, graduated from the city's Loyola University Law School in 1983. In 1994, the 38-year-old lawyer, after working seven years in the Chicago Law Department, was elected to the position of Cook County Circuit Judge. She presided in the Markham Courthouse in south suburban Chicago. Most of her workload involved simple traffic cases. Elected to a six year term, she would remain on the bench until Cook County citizens voted not to retain her. That hasn't happened to a Cook County judge in 24 years. In Chicagoland, once on the bench, always on the bench. In reality it's a lifetime position.

     By any standard, Brim was not a competent judge. In 2000, 2006, and 2012, years in which Brim was on the ballot for retention, the Chicago Bar Association did not recommend that voters retain her as a judge. According to the bar association, Brim was not qualified nor fit for the relatively simple job of presiding over minor traffic offenses. Notwithstanding the bar association's stamp of disapproval, Cook County voters kept her in on the bench.

     On March 9, 2012, Judge Brim turned up at the Daley Center Courthouse in downtown Chicago where she threw a set of keys at and shoved a Cook County Sheriff's Deputy. Officers handcuffed the out-of-control woman and took her to a holding cell in the basement of the courthouse. A Cook County prosecutor charged Judge Brim with misdemeanor battery.

     A court-appointed psychiatrist examined the judge and concluded that when she committed the crime, she was out of her mind. The day before her fight with the deputy, while sitting on the bench at the Markham Courthouse, Judge Brim had to be ejected from her own courtroom following a 45-minute rant on racism in the criminal justice system.

     Shortly after her arrest for battery, a panel of Cook County supervisory judges suspended Brim for an indefinite period of time. While the fracas with the police officer represented her first brush with the law, the mental breakdown the day before her arrest fit into a long history of such irrational behavior. The woman was clearly unfit for the bench, but because she held an elected office, stripping Brim of her judgeship was next to impossible. Indefinite suspension was the next best thing. During this period, however, until her term runs out, Brim will still be paid her annual salary of $182,000 a year. Welcome to Cook County Illinois.

     Joe Berrious, a Cook County Democratic machine boss, told reporters that Judge Brim would receive the full support of the party in her next retention election. (There is either a critical shortage of qualified judges in the Chicago area or the judicial system in the county is controlled by political hacks.)

     In November 2012, Cook County voters gave the suspended mentally ill judge another six years in office. I guess this is democracy at work.

     Judge Brim went on trial for battery in February 2013. She waived her right to a jury in favor of a trial by judge. Her attorney, in presenting a defense of legal insanity, revealed how unfit his client was for the bench. According to the defense attorney, Judge Brim, since becoming a judge in 2014, had been hospitalized for mental illness nine times. In describing Brim's skirmish with the deputy sheriff, the attorney said, "This was not the action of a rational human being. This is someone acting pursuant to the symptoms of a mental disorder."

     The trial judge in the battery case found that when the defendant unloaded on the deputy, she was legally insane. As a result, he placed Judge Brim on probation and ordered her to stay on her antipsychotic medication.

     In an effort to get Judge Brim permanently removed from the bench, John Gallo, the attorney for the Judicial Inquiry Board, filed a complaint in August 2013 charging Brim with conduct "prejudicial to the administration of justice that brought the judicial office into disrepute." Attorney Gallo noted that after the incident in the downtown courthouse, Judge Brim had been hospitalized three weeks for bipolar mood disorder.

     Attorney Gallo wrote that the day before the judge's arrest, while presiding over a traffic case, Brim suddenly launched into a 45-minute tirade in which she revealed that her grandmother had been raped by a white man. She also accused two Cook County police agencies of targeting Hispanics and blacks. "Justice is all about if you're black or white," she said before being forcibly removed from the courtroom.

     In March 2014, Brim's case came before a judicial disciplinary panel comprised of an Illinois Supreme Court Justice, two appellate court judges, a pair of circuit court judges, and two citizens. In a bid to save her $182,000 a year job, Judge Brim spoke to the panel. Regarding her rant the day before her run-in with the police officer, she said, "I just broke like a pencil. It was totally inappropriate for me to say what I did at the time--or any other time."

     In an effort to convince the panel members that she was ready to return to the bench, Judge Brim said, "I can serve as a judge with full capability as long as I continue to take the medication as prescribed. I've had two years to think about this, and I have a different perspective and understanding of my condition. I realize now I have to stay on my medications and see a psychiatrist on a regular basis."

     Attorney Gallo, in speaking to the inquiry panel, voiced his concern over whether it would be proper for Judge Brim to return to the bench. "Judge Brim," he said, "decided to go without any kind of psychiatric treatment of any sort after 15 years of these episodes while she was a sitting judge." Mr. Gallo informed the panel members that Brim had been hospitalized nine times for mental breakdowns since she took the bench in 1994. In one of her psychiatric meltdowns EMT personnel carried her out of the courtroom on a stretcher after she went catatonic. Gallo pointed out that the judge wasn't diagnosed with a bipolar type of schizoaffective disorder until 2009. By then she had been a judge fifteen years.

     On May 10, 2014, the Illinois Courts Commission removed Cynthia Brim from the bench. The commissioners had determined that she was unfit to preside over a courtroom. Following her removal, however, she began receiving her pension in excess of $150,000 a year. She also remained registered in the state to practice law.

     

from http://jimfishertruecrime.blogspot.com/

Categories: Law