Popejoy owes no pretrial explanation

I have practiced law in DuPage County for more than 30 years. I agree with the statement in your July 17 editorial that Judge Ken Popejoy has enjoyed an exemplary legal career. Although I have tremendous respect for him, both personally and professionally, I believe that if he engaged in misconduct which resulted in his recent arrest, that he should pay the consequences in traffic court, before the Illinois Judicial Inquiry Board or before the voters of DuPage County.

I do not agree with the statement in your editorial that implies Judge Popejoy owes an obligation to the public to "explain himself" in advance of the resolution of his court case. As a judge, Ken Popejoy should be treated like any other citizen accused of misconduct. He is not entitled to any special or favorable consideration. However, he should not be treated unfairly either. When Ken Popejoy was elected a judge, he did not give up his constitutional rights. He is entitled to a trial, if he chooses, and is entitled to represent his defense for the first time at that trial. It is unfair to suggest that, as a result of his position, he must make statements about the incident to the public in advance of trial.

For the past year and one-half the former governor of Illinois has been running around the country making absurd statements proclaiming his innocence and "explaining himself." When the time came for him to testify at his criminal trial, he declined. What he was trying to do was influence the potential jury pool but refused to subject himself to cross-examination. Do you really suggest that elected officials should try their cases in the media rather than in a courtroom as is the case with all other citizens?

Terry A. Ekl

Wheaton