McHenry County judge formally denies claims that could disbar him
A McHenry County judge accused of improperly using his position to help a political ally's brother get out of jail early issued a blanket denial to the claims Tuesday in a formal response to the Illinois Courts Commission.
In a 16-page written reply to the charges, Judge Michael Chmiel says he did nothing improper by holding a Saturday afternoon bond hearing for the brother of Algonquin Township Highway Commissioner Bob Miller and denies lying to members of the Illinois Judicial Inquiry Board when questioned about it.
"Chmiel denies that any statements were intended to be either misleading, false or deceptive," the judge's attorney, Warren Lupel, writes in the response. "Chmiel denies any intent to deceive the board for any reason whatsoever."
Chmiel, a 22nd Circuit Court judge from Crystal Lake, is facing punishment ranging from censure to suspension or even disbarment if found guilty of claims he misused his authority by holding the special hearing for Miller's brother and later lying about it under oath.
In a complaint filed last month, the Judicial Inquiry Board labeled Chmiel's alleged actions willful misconduct that harms the administration of justice and brings the office of judge into disrepute.
The allegations stem from the June 16 arrest of truck driver David Miller by Cary police on charges of obstructing justice and numerous traffic offenses. Police said Miller, 50, of Cary, sped away from a traffic stop and then dumped his truck's load to prevent a police officer from checking whether it was within legal weight limits.
Because of the timing of the arrest on a late Saturday morning, Miller normally would have had to sit in the McHenry County jail without bond at least until court returned to session the following Monday morning.
However, the inquiry board alleges, Chmiel convened a special Saturday afternoon court session at Bob Miller's request in order to set David Miller's bond.
Miller, the only defendant brought before Chmiel that afternoon, posted bond a short time later and was free more than 36 hours earlier than he would have been without the judge's intervention.
Chmiel's formal response treads a fine line regarding Bob Miller's part in setting up the special court hearing and whether he lied about it to the judicial board.
While admitting Chmiel and Bob Miller discussed David Miller's arrest over the phone June 16, the judge says his friend never specifically asked him to convene a special court session.
"(Miller) wouldn't have known to do that because he's not an attorney," Lupel said.
Lupel said Chmiel could not have lied to the judicial inquiry board about Miller's involvement because panel members never specifically questioned him about the highway commissioner's actions.
"He answered all the questions that were put to him," Lupel said. "They could have asked him about Mr. Miller, but chose not to.
"Witnesses don't volunteer information, at least not witnesses who are advised by counsel," he added.
With the judge's formal response filed, the case against him now moves into a discovery mode in which the two sides will share information and possibly hold witness depositions leading up to trial-like proceedings.
Chmiel, who currently presides over a juvenile courtroom, is the first McHenry County judge brought up on charges by the judicial inquiry board and just the 72nd since the panel's creation in 1972.