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DuPage judge gives mea culpa ahead of vote

Before retention vote, jurist explains his actions in summer hit-and-run

DuPage County Judge Kenneth Popejoy can't explain why he chose to flee after crashing his Jeep into a parked car.

“There is no explanation for what I did,” he said. “We can all have anomalies. I don't have a great answer for you.” In short, he said, “I panicked.”

What Popejoy did June 29 was drive from the Glen Ellyn crash site to his home nearly three miles away in Wheaton. It's a decision, he said in an exclusive interview with the Daily Herald this week, that has haunted him since.

“In a moment of panic, I acted irresponsibly,” he said. “I should have done any number of things instead.”

But he didn't. And because someone did see the judge's vehicle strike the car, police from Wheaton and Glen Ellyn showed up at his doorstep within minutes and cited him for reckless driving. A 13-year-old girl who was out jogging near the judge's home also told police she had to jump out of the way of Popejoy's vehicle to avoid being struck.

The 13-year veteran of the bench pleaded guilty in August to the reckless driving charge and received a $500 fine and a six-month conditional discharge, which is a nonreporting form of probation. He wrote a personal letter to the young jogger and her parents before entering his guilty plea, apologizing for scaring the girl.

Popejoy still could be disciplined for his actions. His case is pending with the Illinois Courts Commission, which will hold a public hearing on the matter

Up for a retention vote on Tuesday, Popejoy said he defied the advice of his attorney to talk about the incident and the fallout in an effort to explain why he deserves residents' votes.

“I am a very good judge,” he said. “I'm a judge who not only cares about what's going on in a courtroom, but the litigants. I'm blessed to have this position and I have taken full responsibility and accept full responsibility for what happened.”

Popejoy had been out with Chief DuPage Judge Stephen Culliton and several lawyers the day of the crash at a Glen Ellyn restaurant. Popejoy had dropped off Culliton at his home minutes before the crash.

Popejoy said he wasn't drunk.

“I was not impaired,” he said. “Not anywhere close to being impaired. I wouldn't get behind the wheel if I were anywhere near being impaired.”

The 59-year-old jurist said police didn't ask him to perform any sobriety tests when they appeared at his home to cite him for the crash.

Popejoy is aware of the irony of someone who admittedly made a bad decision to ask voters to retain him in a position charged with making good decisions.

“June 29 was a bad day,” he said. “It was a black mark, but I've had 59 years of the right things. When you paint a picture of someone's life, on that painting there may be a dark spot, but does that mark mean it's not a good painting?”

There is no organized opposition to Popejoy's retention bid. While some residents have written letters to newspapers saying he should step down or be forced off the bench, Popejoy said he hasn't seen a massive public backlash. The judge said his colleagues have been understanding and generally supportive as well. No lawyers have asked to have their cases moved from his courtroom in the wake of the incident either, he said.

“I'm harder on myself than anyone else is going to be,” he said. “I had to sit in front of my 16-year-old son and explain what I had done. Nothing is harder than doing that. This has decimated me. It's hard when you breach your values.”

Popejoy said he'll have to live the remainder of his life and work the remainder of his career with the stain of his “irresponsible act,” but it's a price he's willing to pay.

“I'm always going to be the judge that didn't stop at the auto accident,” he said. “I let the moment define me. If anything though ... it's made me a better judge in a backhanded way. I've developed a little more appreciation for standing in front of that bench.”