Hearings set for McHenry County judge facing ethics claims
Nearly 2 1/2 years after a state panel first filed an ethics complaint against him, McHenry County Circuit Court Judge Michael Chmiel finally will get his chance next week to publicly defend himself.
The Illinois Courts Commission is scheduled to hold triallike proceedings Aug. 24 and 25 in Chicago to determine whether Chmiel improperly used his position to help a political ally's brother get out of jail early, said John Gallo, an attorney for the state's Judicial Inquiry Board.
The board leveled the claims in February 2008, claiming Chmiel's actions were willful misconduct that harms the administration of justice and brings the office of judge into disrepute. Chmiel, of Crystal Lake, has denied any wrongdoing.
The courts commission - a panel that includes one Illinois Supreme Court justice, two appellate court justices, two circuit court judges and two citizens - will hear testimony over the two-day hearing and is likely to take the matter under advisement and issue a determination at a later date. If found guilty, Chmiel would face punishment ranging from a censure to suspension without pay or even removal from office.
Chmiel attorney Warren Lupel said he expects the judge to testify in his defense.
"We believe the charges are excessive and not accurate," Lupel said. "All we're asking for is a full, fair and complete hearing."
The case against Chmiel surrounds his actions June 16, 2007, after Cary police arrested truck driver David W. Miller on charges of obstructing justice and a host of traffic-related offenses. Miller, of Cary, later was acquitted of the allegations that he sped away from a traffic stop to prevent an officer from weighing his dump truck.
After the Saturday morning arrest, Miller was transferred to the McHenry County jail where he was to remain until a judge set his bond. But the next scheduled bond hearing was not until Monday morning, leaving Miller locked up nearly 48 hours.
That's when his 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's 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.
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 nearly two days, a favor not extended to anyone else arrested in McHenry County that weekend, according to the judicial board.