McHenry County judge reprimanded over special hearing

Ruling that his move to hold a special bond hearing for a political ally's brother created the appearance of impropriety, the Illinois Courts Commission this morning issued a formal reprimand to McHenry County Judge Michael Chmiel.

The decision, issued as part of a 49-page ruling, could be considered a small victory for the Republican judge, who could have faced suspension or even removal had the commission found his actions more than just an error in judgment.

Warren Lupel, who serves as Chmiel's attorney, said the decision will not affect his client's ability to serve as a judge.

“It is the lowest form of discipline. It is a sanction. It doesn't have any immediate effect on his career or ability to perform his duties,” Lupel said.

While the ruling is not able to be appealed, Lupel, who had not had a chance to talk to Chmiel yet, said he was sure his client was “relieved” the case was done.

“It has been going on so long. He's suffered (in the media,)” Lupel said, acknowledging the bond call “wasn't very wise.”

“We don't think he violated the rules of judicial ethics.” Lupel said.

The commission found that Chmiel never intentionally misled them or the state's Judicial Inquiry Board when asked to explain his actions of June 16, 2007.

Chmiel, of Crystal Lake, held a special Saturday afternoon bond hearing that day for the benefit of David Miller, a Cary resident arrested that morning on obstructing justice and traffic-related charges.

Had Chmiel not held the hearing, Miller would have had to remain in the county jail until at least the following Monday morning. Instead, he was out of jail later that day.

David Miller is the brother of Algonquin Township Highway Commissioner Robert Miller, a longtime friend and political ally of Chmiel.

The Judicial Inquiry Board, the state agency that investigates judges, had accused Chmiel of later making misleading or false statements to its investigators. The agency investigated Chmiel at the behest of his judicial colleagues in McHenry County, who were upset after learning of the special hearing for Miller.

The courts commission, however, said it is just as likely Chmiel mistakenly omitted information when questioned by the agency's investigators.

Chief Judge Michael Sullivan asked the state to look into Chmiel's actions.

“The process is that they make a decision,” Sullivan said Friday. “So, their decision speaks for itself. I don't have a problem with it. That is the process. I asked them to review it and they made a decision.”