State: McHenry Co. judge improperly held court session to help friend

A McHenry County judge improperly held special court proceedings on a Saturday afternoon to help a political ally's brother stay out of jail, then lied under oath to a state panel investigating it, authorities said Monday in a formal complaint that could lead to the judge's ouster.

The Illinois Judicial Inquiry Board said Monday that Judge Michael Chmiel's actions were willful misconduct that harms the administration of justice and brings the office of judge into disrepute.

If the Illinois Courts Commission agrees, Chmiel would face punishment ranging from a simple reprimand to a suspension without pay or even removal from office.

Chmiel, of Crystal Lake, referred questions Monday to his lawyer, who called the allegations "wrongfully brought" and said his client would fight them at trial.

"There was nothing illegal here, nothing improper," Warren Lupel said. "Their only complaint is that it should have been done by another judge, not him."

A judge since January 2005, Chmiel is assigned to a juvenile courtroom at the McHenry County courthouse. No immediate action was taken Monday to change his assignment or status.

"We will review what options we have and make a determination of what, if anything, needs to be done," Chief McHenry County Judge Michael Sullivan said.

The allegations against Chmiel date back to June 16 when Cary police arrested truck driver David W. Miller on charges of obstructing justice and a host of traffic-related offenses. Police said Miller, 50, of Cary, sped away from a traffic stop in a dump truck in order to prevent the officer from weighing the vehicle's load.

Miller after his arrest was transferred to the McHenry County jail where he was to remain until a judge set his bond. Because of the timing of his arrest, that would not have happened until the following Monday morning, leaving Miller locked up nearly 48 hours.

That's when Miller's brother, Algonquin Township Highway Commissioner Bob Miller, contacted Chmiel and asked him to hold a special Saturday afternoon bond hearing, according to the inquiry board complaint.

Chmiel and Miller have known one another since the mid-1990s, when the judge served as an attorney for Algonquin Township. Since then, Chmiel has been a donor to Miller's campaign fund, they've served together on the Salvation Army Advisory Board, and they worked together on the election campaign of Illinois Supreme Court Justice Bob Thomas.

It was Thomas who appointed Chmiel to the circuit judge's post left vacant by the retirement of former Judge Ward Arnold. The Republican was elected to a full term in November 2006.

Chmiel agreed to hold the special hearing and set David Miller's bond at $10,000, allowing him to post $1,000 to go free later that afternoon, the judicial board states.

In doing so, Chmiel prevented David Miller from sitting behind bars until at least June 18, a favor not extended to anyone else arrested in McHenry County that weekend, according to the judicial board.

Although he was silent on the claims Monday, Chmiel defended his actions while testifying before the judicial board in October.

"I could see where people might say, 'Yeah, you know, you got this historic relationship with this individual and you helped out his brother out,'" Chmiel said, according to a transcript of his testimony. "I don't think I helped -- I guess I helped his brother out by doing my job in giving him what he's entitled to, and that's the setting of bond."

The 16-page complaint alleges Chmiel twice lied about the circumstances of June 16, first to his colleagues in McHenry County and later to the judicial board itself.

On July 10, Sullivan called a meeting of all the county's circuit judges to discuss Chmiel's actions and the attention they had received in local news media.

At the meeting, the complaint states, Chmiel told his fellow judges that David Miller's attorney, Rebecca Lee, had made the request for a special bond hearing, not Bob Miller. Lee is Bob Miller's daughter.

Sullivan declined comment on those allegations Monday.

Appearing before the inquiry board, this time while under oath, Chmiel again implied that it was Lee, not Bob Miller, who asked him to hold the special hearing, the complaint states.

"(Chmiel) intended to deceive the board into believing that he had first learned of David Miller's arrest from Rebecca Lee when, in fact, (he) first learned of the arrest from Robert Miller," the complaint alleges.

"(Chmiel) also intended to deceive the board into believing that it had been Rebecca Lee who first asked to convene the special bond hearing for David Miller when in fact, it had been Robert Miller."

The complaint states that Lee, in fact, never contacted Chmiel, but that he had sought her out once he learned she would be representing her uncle.

Chmiel's attorney, Lupel, however, disputed the claim his client intentionally misled the board about Bob Miller's involvement, saying the judge could not specifically remember who called him that day or when they called.

"He said he remembered getting a series of phone calls throughout the day, but had no specific memory of conversations or who called who," he said. "There was no question to which he responded 'black' when the answer was 'white.'"

The complaint now goes before the courts commission, a constitutionally created body that hears allegations of judicial misconduct and metes out punishment when warranted. The commission consists of one Illinois Supreme Court justice, two appellate court justices, two circuit court judges and two citizens.

Formal complaints against judges are rare in Illinois, with the one filed against Chmiel being just the 72nd since 1972, according to the judicial inquiry board. Of the previous 71, five ended with a judge's removal, 16 with a suspension and 10 with the judge stepping down voluntarily or because his or her term ended.

Chmiel is the first McHenry County judge to face a complaint from the board. He now has 21 days to formally respond.