Lawyers want hospital held in contempt in judge DUI case

The attorneys defending Circuit Judge David Hall against a DUI charge asked Monday to have Advocate Condell Medical Center held in contempt of court.

Douglas Zeit and Jason Mercure said the Libertyville hospital is refusing to comply with a subpoena for records they consider crucial to Hall's defense.

An attorney for the hospital called the subpoena "a fishing expedition."

The conflict centers around blood drawn from Hall on April 26, 2008, after he was taken to the hospital complaining of chest pains after his arrest.

The results of the blood alcohol content test had been under seal until Monday, when the seal was lifted at Hall's request.

After the hearing before Kane County Circuit Judge F. Keith Brown, Hall's lawyers said the test shows Hall had a blood-alcohol content of .107, above the legal threshold of intoxication, but that they intend to dispute the accuracy of that number.

Hall was taken to the hospital after a traffic stop by Vernon Hills police during which an officer pepper-sprayed Hall because the officer said the judge refused an order to get out of his car.

Hall was charged with DUI and resisting arrest, but his attorneys claim the blood taken from him was improperly handled, stored and not submitted for testing until three weeks after his arrest.

Zeit told Brown that Condell has not responded to subpoenas issued July 24 and Nov. 20 seeking information about the blood draw and the names of hospital staff who performed the draw or were involved in handling the blood in any way.

John Reid, an attorney for the hospital, told Brown he was trying to come to an agreement with Hall's attorneys on the subpoenas, but considered them "overly broad and harassing" in their current form.

Reid said Hall's attorneys had asked for blood draw procedures for all departments in the hospital, and the names of the directors and administrators of all departments where the blood may have been taken.

"I do not think that is proper; subpoenas are not for the purpose of assembling laundry lists," Reid told Brown. "There is also the question if Judge Hall's privacy rights would be violated by release of some of the requested information."

A second subpoena, this one to the prosecutors handling the case against Hall from the Judicial Inquiry Board, also entered the debate Monday.

Assistant Attorney General Daniel Nikolic told Brown that the board, an investigative arm of the state Supreme Court, had requested documents relevant to Hall's prosecution, including results of the blood alcohol content test.

Brown had ordered the results of the test be kept under seal until the start of Hall's trial, and Nikolic was looking for guidance as to how to comply with the JIB subpoena.

But before Brown could entertain arguments from the parties, Hall instructed Zeit and Mercure to inform the judge he no longer wished the results to remain secret.

Brown lifted the seal, and Zeit told reporters after the hearing what the test results were.

Asked why he favored lifting the seal, Hall would say only "I thought it should be made public."

The Judicial Inquiry Board is empowered to investigate and discipline judges for unbecoming conduct and never comments on investigations until they are concluded.

Brown told lawyers to return to court Jan. 14 for further arguments on the Condell subpoena.

<div class="infoBox"> <h1>More Coverage</h1> <div class="infoBoxContent"> <div class="infoArea"> <h2>Stories</h2> <ul class="links"> <li><a href="/story/?id=324840">Lake Co. judge's BAC allowed in DUI trial<span class="date">[9/28/09]</span></a></li> <li><a href="/story/?id=249627">Lake County judge in DUI case gets license back <span class="date">[11/11/08]</span></a></li> <li><a href="/story/?id=239531">Court upholds DUI arrest of Lake County judge<span class="date">[10/2/08]</span></a></li> <li><a href="/story/?id=230551">Lake Co. judge says he was drinking but did nothing illegal <span class="date">[8/27/08]</span></a></li> <li><a href="/story/?id=205998">Ex-Lake County chief judge's DUI case on hold after officer's death <span class="date">[6/11/08]</span></a></li> <li><a href="/story/?id=190953" class="mediaItem">Lawyer: No video of arrest<span class="moreDate"> [5/14/08]</span></a></li> <li><a href="/story/?id=186272" class="mediaItem">Hall steps down as chief judge<span class="moreDate"> [5/7/08]</span></a></li> <li><a href="/story/?id=186391" class="mediaItem">Kane Co. judge will hear case<span class="moreDate"> [5/7/08]</span></a></li> <li><a href="/story/?id=184507" class="mediaItem">Lake judges won't hear colleague's case<span class="moreDate"> [5/3/08]</span></a></li> <li><a href="/story/?id=182055" class="mediaItem">Case may go to out-of-town prosecutor<span class="moreDate"> [4/30/08]</span></a></li> <li><a href="/story/?id=181007" class="mediaItem">Lake chief judge charged with DUI<span class="moreDate"> [4/28/08]</span></a></li> </ul> </div> </div> </div>