No takers for rulings in Lake judge's DUI case

The DUI and resisting arrest case against Circuit Judge David Hall was a legal hot potato Friday, as two local judges refused to take any action.

The judges said it would be improper for them to make any rulings while awaiting a judge from outside the county to be appointed to hear the case.

When told attorneys wanted to file motions asking the court to order evidence be preserved, Associate Judge Victoria Martin said she would not do so.

The attorneys were then sent to see Circuit Judge Christopher Stark, who also declined to take any action.

"To avoid any perception of a conflict of interest, I do not believe it is proper for me or any Lake County judge to sign any orders," Starck told the attorneys. "We do not have a judge assigned to hear the case yet, but I expect we will have one soon."

The state's Code of Judicial Conduct requires all judges to disqualify themselves from hearing any matters where their impartiality could be called into question.

Hall, who has served on the Lake County bench since 1980, meets regularly with all judges in the county and is one of the circuit judges who appoints associate judges.

Hall, 55, was stopped by Vernon Hills police at 1:45 a.m. Saturday after police say his car weaved across the center line on Route 60.

Police said the officer asked Hall to get out of his car and pepper-sprayed the judge when he attempted to roll up the window and locked his hands on the steering wheel.

Hall was placed on leave from his position as chief judge Monday and was replaced by Starck.

Starck has asked the Administrative Office of Illinois Courts to appoint a judge from outside the county to hear the case. Lake County State's Attorney Michael Waller has turned the prosecution over to the state attorney general's office.

Although he is still a judge and is performing administrative duties, Hall was not in court Friday after the case was put on the docket by his attorney, Jason Mercure of Waukegan.

Assistant Attorney General Richard Schwind sought to assure Mercure that any evidence held by police had been collected and secured.

Mercure said the department has responded to his subpoenas of material. Because the material must go through a judge before it is given to the attorneys, he does not know what has been turned over.

Mercure said he wants to review any videotapes or audiotapes of Hall's encounter with police, but has not been told if any exist.

Vernon Hills police declined to discuss evidence they have against Hall.

Hall was taken to Condell Medical Center in Libertyville after he complained of an irregular heart beat after his arrest. Schwind was seeking to protect what evidence may be there. Hall, who police say refused a breath test, is believed to have had blood drawn there, Schwind said.

"We are seeking to have three vials of blood turned over to the crime lab," he said. "Time is of the essence."

He declined to comment after court when asked if he believed the blood will be kept without a court order.

Starck said he sympathized with the attorneys but stressed he believed it would be improper for any Lake County judge to act on the case.

The hearing was continued to May 12, when he said he hoped a judge would be appointed to hear the case.