Jeremy Daniel – Nominee to the U.S. District Court for the Northern District of Illinois

The Dirksen Courthouse - where the Northern District of Illinois sits.

Federal prosecutor Jeremy Daniel is the fifth of seven recommendations made by Illinois Senators to the Northern District bench to be nominated.

Background

Jeremy Christen Daniel graduated from Illinois Wesleyan University in 2000 and got a J.D. from Loyola University Chicago School of Law in 2007.

After graduation, Daniel worked at Katten Muchin Rosenman’s Chicago office. In 2013, Daniel left to clerk for Judge Virginia Kendall on the U.S. District Court for the Northern District of Illinois. Since 2014, Daniel has been a federal prosecutor with the U.S. Attorney’s Office for the Northern District of Illinois.

History of the Seat

Daniel has been nominated for a seat on the U.S. District Court for the Northern District of Illinois. This seat opened on December 31, 2022 when Judge Gary Feinerman resigned to return to private practice.

Legal Career

Daniel started his legal career at the Chicago office of Katten Muchin Rosenman. While there, Daniel handled intellectual property cases, including defending a patent infringement action involving a portable screwdriver. See Easypower Corp. v. Jore Corp., 747 F. Supp. 2d 997 (N.D. Ill. 2010). He also represented defendant Apotex Corp. in defending a patent infringement suit against a series of generic drug manufacturers by AstraZeneca Corporation. See In re Rosuvastatin Calcium Patent Litig., 719 F. Supp. 2d 388 (D. Del. 2010).

Since 2014, Daniel has worked as a federal prosecutor. In that role, Daniel represents the United States before the Northern District of Illinois in criminal prosecutions. See, e.g., United States v. Fausto Lopez, No. 16 CR 169 (N.D. Ill. Dec. 13, 2016).

Notably, Daniel tried Chawain Lowe over three days for possession of a firearm. See United States v. Lowe, 502 F. Supp. 3d 1332 (N.D. Ill. 2020). Subsequent to the verdict, Judge Elaine Bucklo denied the defendant’s motion to overturn the verdict. See id.

Overall Assessment

As far as judicial nominees go, Jeremy Daniel has a fairly conventional background. There seems to be little that is likely to trip Daniel up during his confirmation process.

Judge LaShonda Hunt – Nominee to the U.S. District Court for the Northern District of Illinois

The Dirksen Courthouse - where the Northern District of Illinois sits.

U.S. Bankruptcy Judge LaShonda Hunt has worn many hats over the course of her three decade long legal career. She is now hoping to have a lifetime appointment as the capstone of her legal career.

Background

A native of Chicago, Hunt grew up in public housing and attended Chicago public schools before receiving a Bachelor of Science from the University of Illinois at Urbana-Champaign in 1992 and a Juris Doctor from the University of Michigan Law School in 1995.

After graduation, Hunt worked as an associate at Sonnenschein Nath & Rosenthal LLP and, in 1998, joined the U.S. Court of Appeals for the Seventh Circuit as a staff attorney. In 2001, she left to clerk for Judge William Hibbler on the U.S. District Court for the Northern District of Illinois, subsequent to which Hunt joined the U.S. Attorney’s Office for the Northern District of Illinois.

In 2006, Hunt joined Just the Beginning Foundation, which seeks to encourage interest in legal careers among those from disadvantaged communities and then joined the energy company Exelon as assistant general counsel, moving to subsidiary Corn Ed in 2009.

In 2010, Hunt returned to the U.S. Attorney’s Office, staying until 2015, when she became chief legal counsel for the Illinois Department of Corrections. In 2017, Hunt was appointed to be a U.S. Bankruptcy Judge for the Northern District of Illinois. She currently serves in that role.

Hunt is also a past president of the Black Women Lawyers Association. See Legal Scene of 518 New Lawyers Have Seen, Legal Monitor Worldwide, May 9, 2016.

History of the Seat

Hunt has been nominated for a seat on the U.S. District Court for the Northern District of Illinois. This seat opened on October 4, 2022, when Judge Charles Norgle took senior status.

Like fellow Northern District nominees Nancy Maldonado, Lindsay Jenkins, and Jeffrey Cummings, Hunt was recommended for the federal bench by Illinois senators in December 2021.

Legal Career

Before she became a bankruptcy judge, Hunt held a variety of legal positions, including in private practice, in house, and in government. However, the largest chunk of her career has been spent in the Civil Division of the U.S. Attorney’s Office for the Northern District of Illinois. Among the cases she handled there, Hunt represented a warden of a Leavenworth, Kansas prison in defending against a federal habeas corpus action. See Moore v. Olson, 368 F.3d 757 (7th Cir. 2004). After a district court judge found that it had jurisdiction over the Kansas-based warden and that venue was proper, and subsequently ruled against the petition, the prisoner appealed. See id. On appeal, Hunt did not reraise a venue challenge to the district court’s decision, which the Seventh Circuit found was now waived. See id. at 760. The Court, however, affirmed on the merits of the petition. See id. at 761.

Hunt also argued before the U.S. Court of Appeals for the Second Circuit in defense of a Board of Immigration Appeals decision denying a Polish native’s petition to reopen her immigration status after finding that the plaintiff had failed to comply with a voluntary departure. See Zmijewska v. Gonzales, 426 F.3d 99 (2d Cir. 2005). The court remanded the case to the BIA for further analysis. See id. at 104.

Jurisprudence

Hunt has served as a U.S. Bankruptcy Judge since her appointment in 2017. In this role, she presides over bankruptcy cases as a trial judge, with her rulings subject to appeal to the district courts and courts of appeal.

Among her decisions as a bankruptcy judge, Hunt rejected a proposed payment scheme by a debtor in bankruptcy that would allow her to pay her attorneys at the same priority level as her car loan to Ford. See In re Williams, 583 B.R. 453 (N.D. Ill. Bankr. 2018). In another opinion, Hunt declined to find that a loan of $80,000 taken out by a debtor was dischargeable in bankruptcy and that the lender failed to meet her burden to show that the loan was taken out through misrepresentation. See In re Wielogosinski, 628 B.R. 547 (N.D. Ill. Bankr. 2021).

Writings

In 2021, Hunt authored an article discussing her tips for effective advocacy from trial attorneys. See Hon. LaShonda Hunt, Dicta, Mirror, Mirror on the Wall: Observations on Trial Practice from the Other Side of the Bench, 40-10 ABIJ 26 (Oct. 2021). Among the tips in the article, which include emphasizing one’s theory of the case and effective use of discovery, Hunt describes the trajectory of her own legal career, noting that she is a “jack-of-all trades who knows a little about a lot.” See id.

Overall Assessment

Having cut her teeth in many different areas of law, Hunt would enter the federal bench with a deep understanding of civil law, although without requisite criminal experience. However, given her ability to thrive on the bankruptcy court without ever having practiced bankruptcy law, Hunt could reasonably argue that she has the skills to successfully learn and administer criminal law as well as she can on the civil side.

Judge Jeffrey Cummings – Nominee to the U.S. District Court for the Northern District of Illinois

The Dirksen Courthouse - where the Northern District of Illinois sits.

A former colleague of President Barack Obama at a civil rights firm in Chicago, U.S. Magistrate Judge Jeffrey Cummings has been nominated for a federal judgeship in Illinois.

Background

Cummings received a Bachelor of Arts with High Honors from Michigan State University in 1984 and a J.D. cum laude from Northwestern Pritzker School of Law in 1987. Cummings then clerked for Judge Ann Claire Williams on the U.S. District Court for the Northern District of Illinois (Williams would later be elevated to the Seventh Circuit).

Subsequently, Cummings joined the Chicago based civil rights firm Miner, Barnhill & Galland, P.C., where President Obama served as an associate from 1993 to 1996 and as of counsel from 1996 to his senate election in 2004. Cummings served as co-managing partner of the firm until his appointment as magistrate judge in 2019.

History of the Seat

Cummings has been nominated for a seat on the U.S. District Court for the Northern District of Illinois. This seat opened by operation of law on December 5, 2022, when Judge Robert Dow was appointed by Chief Justice John Roberts as counselor to the chief justice.

Like fellow Northern District nominees Nancy Maldonado, Lindsay Jenkins, and LaShonda Hunt, Cummings was recommended for the federal bench by Illinois senators in December 2021.

Legal Career

Cummings has spent virtually his entire career before joining the bench in civil rights work at Miner, Barnhill & Galland, P.C. He primarily worked in employment discrimination cases, most notably securing a $630,000 settlement to a class of black workers with Area Erectors, Inc., who alleged termination based on race. See Area Erectors, Inc. to Pay $630,000 to Class of Black Workers in Race Discrimination Lawsuit, Targeted News Service, May 29, 2009.

Cummings has also served as a civil defense attorney, defending a beer distribution business against a discrimination suit brought by white contract drivers, who argued that they were fired because the owner came under pressure from the black community to hire more black drivers. See Baker v. Elmwood Distributing Inc., 940 F.2d 1013 (7th Cir. 1991). The Seventh Circuit affirmed the dismissal of the suit, finding that, under Supreme Court precedent, discriminatory discharge is not actionable under 42 U.S.C. Sec. 1981, the suit they sued under. See id. at 1017.

Outside the employment context, Cummings represented plaintiffs in a suit alleging that Chicago’s aldermanic districts discriminated against the voting rights of Hispanics. See Political Action Conference v. Daley, 976 F.2d 335 (7th Cir. 1992). The suit was dismissed by Judge Judge James Moran and the Seventh Circuit affirmed. See id. Alongside Obama, Cummings also represented the voter registration organization ACORN in suing the State of Illinois in seeking to have it comply with the National Registration Act of 1993, which the Seventh Circuit ended up ruling unconstitutionally infringes upon state prerogatives. See ACORN v. Edgar, 56 F.3d 791 (7th Cir. 1995).

Cummings has also been a defendant, being sued by an ex-partner who alleged Miner, Barnhill & Garland failed to pay her post-departure compensation to which she was entitled. See Willenson v. Miner, Barnhill & Garland P.C., 998 N.E.2d 984 (Ill. App. 3d 2011). The suit ended with judgment in favor of the firm defendants.

Jurisprudence

Cummings has served as a U.S. Magistrate Judge since his appointment in 2019. In this role, he presides over arraignments, bail hearings, and non-dispositive motions. He also handles civil cases by consent of the parties.

Among his rulings as U.S. Magistrate Judge, Cummings ruled that Illinois Governor J.B. Pritzker would not be required to sit for a deposition as part of a discrimination case against his 2018 campaign. See Pritzker Won’t Have to Sit for Deposition, The Capitol Fax Blog, Feb. 25, 2020. Cummings also ordered the pretrial release of Jim Bob Elliott, an Aurora based member of the far right group the Proud Boys, who was arrested for his participation of the January 6th Capitol breach. See Jon Seidel and Tom Schuba, Aurora Man Charged in ⅙ Capitol riot Riot: Up to a 20-year Prison Term Possible if Aurora Man is Convicted, Chicago Daily Herald, Dec. 22, 2021.

Notably, Cummings recommended that Kroger receive an injunction barring Grubhub from using its new logo, which Kroger alleged was similar to the logo of its brand HomeChef. See Celeste Bott, Ill. Judge Recommends Injunction in Kroger, Grubhub TM Row, Law360, Apr. 12, 2022. U.S. District Judge Charles Norgle declined the recommendation, finding that the plaintiffs had not established a likelihood of success on the merits. See Jasmin Jackson, Kroger Loses Bid to Block Grubhub from Using Logo, Law360, May 26, 2022.

Political Activity

Cummings has frequently donated to Democrats over the course of his career, including to President Barack Obama and Sen. Tammy Duckworth.

Overall Assessment

A litigator with three decades of experience and a sitting magistrate judge, Cummings can claim the experience and the knowledge to become a successful trial judge. While he is sure to draw opposition for his work as a civil rights litigator, Cummings is also likely to, with the support of Senate Judiciary Committee Chairman Richard Durbin, sail to confirmation over such opposition.

Lindsay Jenkins – Nominee to the U.S. District Court for the Northern District of Illinois

The Dirksen Courthouse - where the Northern District of Illinois sits.

Cooley Partner Lindsay Jenkins has spent the past fifteen years practicing in Northern Illinois and brings extensive experience with criminal law to the federal bench.

Background

Lindsay Carole Jenkins graduated from Miami University in 1998 and got a J.D. summa cum laude from Cleveland-Marshall College of Law in 2002.

After graduation, Jenkins clerked for Judge Solomon Oliver on the U.S. District Court for the Northern District of Ohio. She then joined Jones Day as an associate. Jenkins then became a federal prosecutor with the U.S. Attorney’s Office for the Northern District of Illinois in 2006. In 2021, she became a Partner at Cooley LLP, where she currently serves.

History of the Seat

Jenkins has been nominated for a seat on the U.S. District Court for the Northern District of Illinois. This seat opened on September 7, 2022, upon the elevation of Judge John Lee to the U.S. Court of Appeals for the Seventh Circuit.

Legal Career

Jenkins started her legal career at the Cleveland office of Jones Day. While there, Jenkins represented Tobias Valencia in a postconviction challenge to his conviction for conspiracy to distribute methamphetamine. United States v. Valencia, 188 Fed. Appx. 395 (6th Cir. July 17, 2006). The Sixth Circuit denied relief for her client. See id. at 403.

From 2006 to 2021, Jenkins worked as a federal prosecutor. In that role, Jenkins represented the United States before the Northern District of Illinois in criminal prosecutions. See, e.g., United States v. Yihao Pu, 15 F. Supp. 3d 846 (N.D. Ill. 2014). She also represented the government on appeal. See, e.g., United States v. Serfling, 504 F.3d 672 (7th Cir. 2007).

Among the matters she argued before the Seventh Circuit, Jenkins successfully defended a federal law criminalizing enticing a minor to perform a sexual act against a constitutional challenge. See United States v. Cote, 504 F.3d 682 (7th Cir. 2007). She also defended the denial of postconviction relief to a defendant sentenced by a jury in which a juror was absent for a day of deliberation. See Webster v. United States, 667 F.3d 826 (7th Cir. 2011).

Overall Assessment

With extensive experience as a federal prosecutor and in private practice, Jenkins should have little trouble through the confirmation process.

Nancy Maldonado – Nominee to the U.S. District Court for the Northern District of Illinois

The Dirksen Courthouse - where the Northern District of Illinois sits.

Employment attorney Nancy Maldonado clerked for Judge Ruben Castillo, the first Hispanic judge on the U.S. District Court for the Northern District of Illinois. Maldonado is now poised to become the first Hispanic woman on the Northern District.

Background

Born on November 28, 1975, Maldonado attended Harvard College, graduating cum laude in 1997. She then attended the Columbia Law School, graduating in 2001.

After graduating, Maldonado clerked for Judge Ruben Castillo on the U.S. District Court for the Northern District of Illinois. After finishing up her clerkship, Maldonado joined the Chicago Office of Miner, Barnhill, & Garland as an Associate. She became a Partner at the firm in 2010 and currently serves in that capacity.

History of the Seat

Maldonado has been nominated for a seat on the U.S. District Court for the Northern District of Illinois. This seat opened on October 7, 2021, when Judge Matthew Kennelly moved to senior status.

In December 2021, Maldonado was one of seven candidates recommended for the Northern District of Illinois by Senate Judiciary Committee Chairman Richard Durbin and Senator Tammy Duckworth. See Jeremy Gorner, Former ACLU Attorney Among 7 Recommended for Federal Bench; Senators Send Names to Biden to Fill Judicial Vacancy, Chicago Tribune, Dec. 22, 2021. Maldonado’s nomination was announced on April 13, 2022.

Legal Experience

Maldonado has spent her entire legal career at Miner, Barnhill, & Garland, where she primarily focuses on employment litigation, representing both plaintiffs and defendants. Notably, Maldonado represented Dilan Abreu, a bricklayer who sued over workplace harassment over his race at the Chicago Department of Water Management. See Ray Long and Hal Dardick, Latino Worker Alleges Abuse in Water Department; Says Boss Tried to Throw Him in a Hole, Called Him ‘dumb Puerto Rican’, Chicago Tribune, Mar. 29, 2019. Abreu notably alleged that his boss retaliated against him for objecting to racist behavior by trying to push him into a 6-foot deep hole. See id.

Maldonado was also part of the legal team for Maura Anne Stuart, a commercial driver whose gender discrimination suit was thrown out by Judge Milton Shadur. See Stuart v. Local 727, Int’l Bhd. of Teamsters, 771 F.3d 1014 (7th Cir. 2014). Maldonado persuaded a panel of the Seventh Circuit to reverse the dismissal (the panel also reassigned the case, citing the “tone of derision” in Judge Shadur’s opinion). See id. at 1020.

In non-employment related matters, Maldonado was part of the legal team filing an amicus brief from the Brady Center to Prevent Gun Violence in an Illinois state court suit challenging the Cook County Assault Weapons Ban under the Second Amendment. See Wilson v. Cnty. of Cook, 968 N.E.2d 641 (Ill. 2012). She also represented citizens in a 1983 suit against officials who allegedly barred citizens from expressing opposition to a local towing ordinance. See Surita v. Hyde, 665 F.3d 860 (7th Cir. 2011).

Political Activity & Memberships

Maldonado has made a number of political contributions in the last few years, including to President Obama, Sen. Michael Bennet, and Rep. Colin Allred.

Additionally, Maldonado is active in the Chicago legal community, serving on the Board of Directors of the Chicago Lawyers’ Committee for Civil Rights Under Law and of La Casa Norte, a social service organization serving Chicago youth.

Overall Assessment

As a nominee, Nancy Maldonado falls within the mainstream of Illinois district court nominees confirmed to the bench in the last decade. While her experience is largely focused on employment litigation, Maldonado has extensive experience in both state and federal court, and, given the support of Senate Judiciary Chair Durbin, she is likely to have a fairly swift confirmation.

Judge Iain Johnston – Nominee to the U.S. District Court for the Northern District of Illinois

The Dirksen Courthouse - where the Northern District of Illinois sits.

Judge Iain Johnston was already an experienced litigator when he was appointed as a U.S. Magistrate Judge in 2013.  His seven years on the bench since then have prepared him well for a judicial appointment.

Background

Iain David Johnston grew up in McHenry County, Illinois.[1]  Johnston graduated from Rockford College in 1987 and from the John Marshall Law School in 1990.  

After graduation, Johnston clerked for Judge Philip Reinhard on the U.S. District Court for the Northern District of Illinois.  He then joined the Illinois Attorney General’s office under Attorney General Roland Burris, becoming the Unit Supervisor of the Civil Prosecutions Unit.[2]  Johnston became a Partner at Altheimer & Gray in 2002.[3]  In 2003, he moved to Holland & Knight in Chicago.  In 2008, Johnston founded the firm Johnston Green LLC.

In 2013, Johnston was appointed as a Magistrate Judge on the U.S. District Court for the Northern District of Illinois.[4]  He continues to serve on that Court.  

History of the Seat

Johnston has been nominated for a seat on the U.S. District Court for the Northern District of Illinois.  This seat opened on May 10, 2019, when Judge Frederick Kapala moved to senior status.  Johnston was nominated for the seat on February 12, 2020.

Legal Career

Johnston has diverse legal experience, going from working for the Illinois Attorney General to working in private practice.  In the former role, Johnston defended the State of Illinois against civil suits.  For example, Johnston defended against claims that the Illinois State Police single out and detain African American and Hispanic citizens disproportionately.[5]

In private practice, Johnston notably represented the City of Evanston against a suit alleging that the imposition of the City’s Demolition Tax violated the Fifth and Fourteenth Amendments of the U.S. Constitution.[6]  Johnston also represented a group of Illinois State Police officers who were sued after a team of prosecutors and police officers allegedly conspired to “frame two innocent men” for the murders of an Illinois couple.[7] 

Jurisprudence

Johnston has served as a U.S. Magistrate Judge since his appointment in 2013.  In this role, he presides over arraignments, bail hearings, and non-dispositive motions.  He also handles civil cases by consent of the parties.  In his seven years on the bench, Johnston has also presided over many substantive matters.  Most notably, Johnston presided over the lawsuit arising from the County of McHenry’s refusal to allow the Fraternite Notre Dame, Inc. to expand its winemaking, brewing, and commercial activities.[8]  The Fraternite, a Catholic religious order, sued under the U.S. and Illinois Constitutions and the Religious Land Use and Institutionalized Persons Act (“RLUIPA”).  The parties ultimately settled in a consent order after Johnston found that the denial of the permit violated RLUIPA.[9]  In his decision approving the consent order, Johnston noted the anti-Catholic bigotry directed against the order by local residents, noting that the Order faced vandalism and the threats of lynching.[10]

Writings

Over his career, Johnston has occasionally authored articles discussing the law.  For example, in an article he wrote as an Assistant Attorney General, Johnston discusses the failure of many attorneys to comply with the Local Rules of the U.S. District Court for the Northern District of Illinois regarding summary judgment briefing and suggests how to comply with the Rules’ requirements.[11]  In another article written as a U.S. Magistrate Judge, Johnston discusses the depositions of “apex witnesses” or witnesses who claim that they are “too important” to be deposed in civil cases.[12]

Political Activity

Johnston has a limited political history, with only one political contribution to the campaign of Gery Chico, a Democrat running for U.S. Senate.[13]

Overall Assessment

With the exception of some who may be concerned with his defense of municipalities and officers charged with civil rights violations, there will be few who object to Johnston’s qualifications for the federal bench.  As such, one can predict a comfortable confirmation.


[1] Press Release, Office of Northern Illinois Federal District Court Chief Judge James Holderman, McHenry-Raised Iain Johnston Appointed Federal Magistrate in Rockford to Replace P. Michael Mahoney, Feb. 1, 2013.

[2] Id. 

[3] Id.

[4] Id.

[5] See Chavez v. Ill. State Police, 27 F.Supp.2d 1053 (N.D. Ill. 1998).

[6] Kathrein v. City of Evanston, 636 F.3d 906 (7th Cir. 2011).

[7] See Whitlock v. Brueggemann, 682 F.3d 567 (7th Cir. 2012).

[8] See Fraternite Notre Dame, Inc. v. Cty. of McHenry, 2020 U.S. Dist. LEXIS 40030 (N.D. Ill. Mar. 2, 2020).

[9] Drew Zimmerman, Religious Order Expansion Can Go Forward in Marengo, Chicago Daily Herald, Mar. 10, 2020.

[10] See Fraternite Notre Dame, supra n. 10 at *6-7.

[11] Iain D. Johnston, Summary Judgment Motions in the Northern District: The Importance of Local Rules 12M & 12N, 12 CBA Record 24 (April 1998).

[12] See Hon. Iain D. Johnston, Apex Witnesses Claim They Are Too Big to Depose, 41 Litigation 41 (Fall 2014).

Judge Franklin Valderrama – Nominee to the U.S. District Court for the Northern District of Illinois

The Dirksen Courthouse - where the Northern District of Illinois sits.

Judge Franklin Valderrama’s thirteen year tenure on the Cook County Circuit Court has put him in the center of a number of politically charged cases.  As such, if confirmed, Valderrama would certainly be prepared for the pressure that comes with being a federal judge.

Background

Franklin Ulyses Valderrama’s family is originally from Panama.[1]  Valderrama received a B.A. from the University of Illinois in 1985 and a J.D. from DePaul University College of Law in 1988.  

After graduation, Valderrama worked at Sanchez, Daniels, & Hoffman LLP in Chicago, where he became a Partner.[2]  Valderrama was appointed to the Circuit Court of Cook County in 2007 and has served on the court ever since.

History of the Seat

Valderrama has been nominated for a seat on the U.S. District Court for the Northern District of Illinois.  This seat opened on September 27, 2019, when Judge Ruben Castillo moved to senior status.  Valderrama was nominated for the seat on February 12, 2020.

Legal Career

Valderrama’s legal career before he became a judge was at the firm of Sanchez, Daniels & Hoffman LLP.  At the firm, Valderrama largely focused on trial level litigation.[3]  Among his more notable cases, Valderrama represented Simon Management, who managed a strip mall, in a suit seeking liability for the death of a loss prevention specialist who was shot by a shoplifter.[4]  In the case, a jury found Simon Management partially responsible for the death of the loss prevention specialist.[5]  However, an appellate court reversed the verdict, finding that Simon Management could not be held responsible for the death of the plaintiff because there was no allegation that any negligence by security was involved in the specialist’s death.[6]

Jurisprudence

Valderrama has served as a judge on the Circuit Court of Cook County since 2007, the Circuit Court being the primary state trial court in Chicago.  In this role, Valderrama has presided over a number of high-profile cases.  

Most notably, Valderrama presided over the lawsuit arising from the police shooting of African American teenager Laquan McDonald.[7]  After a quick settlement in the case, a freelance journalist filed a Freedom of Information Act (“FOIA”) request seeking the release of dash and body cam footage of the shooting.[8]  Valderrama ruled against the City and ordered the release of the footage, which the City reluctantly agreed to.[9]  Despite predictions of violence, protests following the release of the footage were largely peaceful.[10]

Among other notable decisions, Valderrama dismissed a lawsuit brought by gun control groups seeking to shut down gun shops in Chicago neighborhoods,[11] and dismissed a lawsuit brought by the Chicago Public School System challenging the state’s school funding formula as discriminatory.[12] 

Valderrama has also had to deal with aggressive lawyers in his courtroom.  In one case, Valderrama strongly admonished attorney Charles Andrew Cohn for using offensive language in reference to his opposing counsel during a deposition.[13]  Cohn attempted to justify his language and conduct by claiming that “a man who insults on a daily basis everybody he does business with has now been elected President of the United States” and that, thus, “I can say what I want.”[14]  Expectedly, Valderrama did not find this defense very persuasive and admonished Cohn in his language, only for Cohn to accuse the judge of “robe rage.”[15]  Cohn ultimately faced an ethics complaint due to his conduct.[16]

Overall Assessment

Judge Valderrama’s thirteen year tenure on the state bench paints the picture of a no-nonsense jurist who can handle tough issues and confrontational attorneys.  As he has recieeved the stamp of approval from the Trump Administration and Illinois’ Democratic senators, Valderrama is poised for a comfortable confirmation.


[1] See Betsy Wangesteen, Man, Oh Manny: Meet Chicago’s Uberschmoozer: ‘Stalking’ Dick Notebaert and Other Adventures with Solicitor Sanchez, Crain’s Chicago Business, June 9, 1997.

[2] Id. 

[3] See Press Release, Office of President Donald J. Trump, President Donald J. Trump Announces Judicial Nominee, Feb. 5, 2020 (available at https://www.whitehouse.gov/presidential-actions/president-donald-j-trump-announces-judicial-nominee-3/).

[4] See Kolodziejzak v. Melvin Simon & Assocs., 685 N.E.2d 985 (Ill. App. 1997).

[5] See id. at 987.

[6] Id. at 991.

[7] See John Kass, The Video That Will Rip Chicago Apart, Right Wing News, Nov. 12, 2015.

[8] See id.

[9] Don Babwin, Chicago Says It’ll Release Shooting Video Per Judge’s Order, A.P. Online, Nov. 10, 2015.

[10] Monica Davey and Mitch Smith, Chicago Protests Mostly Peaceful After Video of Police Shooting is Released, N.Y. Times, Nov. 24, 2015.

[11] See Dean Weingarten, Lawsuit Against Cities Near Chicago, for Black Crime in Chicago is Struck Down, Ammoland.com, Mar. 15, 2016.

[12] Mike Kennedy, Judge Rejects Chicago School System’s Funding Lawsuit; District May Have to End School Year 3 Weeks Early, Am. Sch. & Univ., Apr. 28, 2017.

[13] See Debra Cassens Weiss, Lawyer Accuses Judge of ‘Robe Rage,’ Tells Opposing Counsel to ‘Certify Your Own Stupidity,’ Ethics Complaint Says, ABA Journal, Dec. 20, 2018, https://www.abajournal.com/news/article/lawyer-accused-judge-of-robe-rage-told-opposing-counsel-to-certify-her-stupidity-ethics-charges-say.

[14] See id.

[15] See id.

[16] Id.

John Kness – Nominee to the U.S. District Court for the Northern District of Illinois

The Dirksen Courthouse - where the Northern District of Illinois sits.

John Kness has had a varied career, including as a musician and in law enforcement.  Now, Kness hopes to add “judge” to his resume.

Background

A native Illinoisan, John Fitzgerald Kness was born in Chicago in 1969.  Kness graduated from Northwestern in 1991 and then spent seven years as a musician and two years as a Patrol Officer in Oak Park, Illinois, before matriculating at Northwestern Law.[1]

After graduating, Kness rapidly switched jobs, spending a year with the Chicago office of Jenner & Block, a year clerking for Judge William Pryor on the U.S. Court of Appeals for the Eleventh Circuit, a year at Winston & Strawn, and then a year at Tabet DiVito & Rothstein in Chicago.[2] 

In 2007, Kness returned to Winston & Strawn, working as an Associate for two years before becoming a federal prosecutor in the Northern District of Illinois.[3]  In 2016, he left that role when he was hired (by a narrow 4-3 margin) to be the first in-house attorney at the College of DuPage.[4]  He currently holds that position.

History of the Seat

Kness has been nominated for a seat on the U.S. District Court for the Northern District of Illinois.  This seat opened on February 17, 2018, when Judge Samuel Der-Yeghiayan moved to senior status.  

In early 2018, Kness was contacted by the White House to gauge his interest in a federal judgeship.[5]  He subsequently interviewed with the White House and was tentatively selected as a nominee in June 2018.  In August 2018, he applied with a screening committee set up by Sens. Dick Durbin and Tammy Duckworth, both Democrats.  Kness was nominated with the agreement of the senators in June 2019.

Legal Career

Kness has spent his legal career approximately evenly divided between private practice and criminal prosecution.  In the former, Kness primarily worked in general litigation, while in the latter, Kness worked exclusively on criminal prosecutions.  Over the course of his legal career, Kness handled seven jury and one bench trials, all criminal.[6]

Notably, Kness prosecuted Hasan and Jonas Edmonds, cousins who sought to join ISIL in Syria and commit acts of terrorism.[7]  He was able to secure long sentences against both defendants.[8]  In other matters, Kness also prosecuted eight defendants who had engaged in the trading, production, and/or distribution of child pornography.[9]

Political Activity

Kness has been a longtime member of both the Federalist Society and the National Rifle Association, suggesting a conservative ideology.[10]  His only contribution of record is a $1000 donation to Rudolph Giuliani’s campaign in 2008.[11]

Overall Assessment

Overall, Kness’ background reveals little that should trouble his confirmation.  Given the support offered by Durbin and Duckworth, Kness will likely be confirmed without too much hassle.


[1] Sen. Comm. on the Judiciary, 116th Cong., John F. Kness: Questionnaire for Judicial Nominees 1.

[2] Id. at 2.

[3] Id.

[4] Robert Sanchez, COD Votes to Hire In-House Attorney, Chicago Daily Herald, Sept. 16, 2016.

[5] See Kness, supra n. 1 at 23-24.

[6] See id. at 13.

[7] See U.S. Fed. News, 2 Illinois Cousins Sentenced to Decades-Long Prison Terms For Conspiring to Provide Material Support to a Foreign Terrorist Organization – ISIL, Sept. 20, 2016. 

[8] See id.

[9] See States News Service, Eight Self-Identified “Boy Lovers” Sentenced to Federal Prison For Sexual Exploitation Crimes After FBI Investigation, Oct. 15, 2012.

[10] See Kness, supra n.1 at 5.

Judge Mary Rowland – Nominee for the U.S. District Court for the Northern District of Illinois

The Dirksen Courthouse - where the Northern District of Illinois sits.

When the White House negotiates judge packages with Senators, it is inevitable that both sides have to accept nominees they would not otherwise have chosen.  That is likely what led the Trump Administration to nominate Judge Mary Rowland, an otherwise left-of-center nominee, for the federal bench.

Background

Mary Margaret Rowland was born on October 8, 1961 in Akron, OH.  Rowland graduated from the University of Michigan in 1984 and then worked for seven months as a field coordinator for the Senate campaign of Sen. Carl Levin (D-Mich.).[1]  Rowland then attended the University of Chicago Law School, graduating in 1988.

After graduation, Rowland clerked for Judge Julian Cook on the U.S. District Court for the Eastern District of Michigan.  She then joined the Federal Defender’s Office in Chicago, becoming the Chief Appellate Attorney in 1995.[2]  In 2000, Rowland became an Income Partner at Hughes Socol Piers Resnick & Dym, Ltd.[3]  In 2012, Rowland was appointed as a Magistrate Judge on the U.S. District Court for the Northern District of Illinois.[4]  She continues to serve on that Court.

In 2009, Rowland was recommended to the Obama Administration for a federal judgeship by Sen. Dick Durbin, which could have made her the first openly gay nominee to the federal bench.[5]  The Administration ended up nominating three other choices: Sharon Coleman; Gary Feinerman; and Edmund Chang.

History of the Seat

Rowland has been nominated for a seat on the U.S. District Court for the Northern District of Illinois.  This seat opened on May 25, 2018, when Judge Amy St. Eve was elevated to the U.S. Court of Appeals for the Seventh Circuit.

Unlike Seeger and Pacold, who had their first contact with the White House, Rowland applied directly to the screening committee set up by Durbin and Sen. Tammy Duckworth.[6]  In February 2018, she interviewed with Durbin and his staff.[7]  She interviewed with the White House in April and was officially nominated in June.

Legal Career

Rowland’s legal career before she became a judge largely focused on criminal defense and civil rights work.  As a federal defender in Chicago, Rowland tried five jury cases.[8]  She also served as Chief Appellate Attorney, arguing, among other cases, to successfully overturn the sentence of Mr. Stanback, convicted of a firearms offense.[9]

In private practice, Rowland notably represented a group of 3000 African Americans in a disparate impact suit against the City of Chicago after they were denied jobs as entry-level firefighters.[10]  Her team secured a trial verdict in favor of the firefighters.[11]  After the verdict was overturned on appeal, it was reinstated by the Supreme Court.[12]

Jurisprudence and Reversals

Rowland has served as a U.S. Magistrate Judge since her appointment in 2012.  In this role, she presides over arraignments, bail hearings, and non-dispositive motions.  She also handles civil cases by consent of the parties.  In her six years on the bench, Rowland has presided over three jury and two bench trials.  One of her jury trials involved a false arrest and excessive force claim brought against the Chicago police, which concluded with a partial verdict for the plaintiff.[13]

Over the course of her six year tenure on the state bench, Rowland has been reversed by higher courts in three cases.[14]  Two of those cases involved Rowlings’ rulings supporting ALJ denials of benefits being reversed by higher courts.[15]  The final case reversed Rowland’s use of a multiplier in determining fees in a class action case.[16]

Political Activity

Rowland has a limited political history, mainly consisting of her work for former Sen. Carl Levin and volunteering for President Barack Obama’s campaign in 2008.[17]

Overall Assessment

If Rowland had been nominated by President Obama in 2010, she would have been the first LGBT judge on the Illinois federal bench (an honor that went to Judge Staci Yandle in 2014).  It speaks to the Trump Administration’s assertiveness with judicial dealmaking that they proceeded with Rowland’s nomination.  That being said, her nomination by Trump and support from Durbin and Duckworth essentially guarantees Rowland a comfortable confirmation and gives Trump his first LGBT judicial appointee.


[1] Sen. Comm. on the Judiciary, 115th Cong., Mary M. Rowland: Questionnaire for Judicial Nominees 1.

[2] Id. at 2.

[3] Id.

[4] Id.

[5] Bill Dwyer, Oak Park’s Rowland Possible Nominee for Federal Bench, OakPark.com, Aug. 25, 2009, http://www.oakpark.com/News/Articles/8-25-2009/Oak-Park’s-Rowland-possible-nominee-for-federal-bench/.

[6] See. Rowland, supra n. 1 at 47.

[7] Id. 

[8] See id. at 35-36.

[9] See United States v. Stanback, 113 F.3d 651 (7th Cir. 1997).

[10] Lewis v. City of Chic., 2005 WL 693618 (N.D. Ill. Mar. 22, 2005), rev’d, 528 F.3d 488 (7th Cir. 2008), rev’d, 130 S. Ct. 2191 (2010).

[11] See id.

[12] See Trudy Ring, Lesbian Attorney Becomes Federal Magistrate Judge in Illinois, Advocate, Nov. 16, 2012, https://www.advocate.com/society/law/2012/11/16/lesbian-attorney-becomes-federal-magistrate-judge-illinois.  

[13] See Fox-Martin v. Tryba, No. 09-cv-1690, 2013 U.S. Dist. LEXIS 99237 (N.D. Ill. July 16, 2013).

[14] Rowland, supra n. 1 at 29.

[15] See Cullinan v. Colvin, No. 15-cv-11499, 2016 U.S. Dist. LEXIS 171975 (N.D. Ill. Dec. 13, 2016), rev’d, Cullinan v. Berryhill, 878 F.3d 598 (7th Cir. 2017) (reversing ruling holding that ALJ decision was supported by substantial evidence); Stahl v. Colvin, No. 13-cv-0752, 2015 U.S. Dist. LEXIS 5841 (N.D. Ill. Jan. 20, 2015), rev’d, 632 F. App’x 853 (7th Cir. 2015) (reversing finding that substantial evidence supported ALJ determination).

[16] In re Sears, Roebuck & Co. Front-Loading Washer Prods. Liab. Litig., 867 F.3d 791 (7th Cir. 2017).

[17] See Rowland, supra n. 1 at 32.

Martha Pacold – Nominee to the U.S. District Court for the Northern District of Illinois

The Dirksen Courthouse - where the Northern District of Illinois sits.

Martha Pacold, only 39, is part of a 3-judge package for the Northern District of Illinois negotiated between Senators Richard Durbin & Tammy Duckworth, and the White House.  While Pacold is currently based out of Washington D.C., she has spent the majority of her legal career in Chicago and is favored to return there as a federal judge.

Background

Martha Maria Pacold was born on February 3, 1979, in Richmond, VA.  Pacold attended Indiana University, graduating with highest honors in 1999 (at just 20).[1]  She then attended the University of Chicago Law School, graduating with honors in 2002.

After graduating, Pacold clerked for Judge Arthur Raymond Randolph on the U.S. Court of Appeals for the D.C. Circuit, for Judge Jay Bybee on the U.S. Court of Appeals for the Ninth Circuit, and then for Justice Clarence Thomas on the U.S. Supreme Court.  In the latter position, Pacold was co-clerks with former Solicitor General Jeff Wall.

After finishing up her clerkships, Pacold joined the Department of Justice as Counsel to Attorney General Alberto Gonzalez.[2]  After a year, she joined the U.S. Attorney’s Office for the Eastern District of Virginia as a Special Assistant United States Attorney (SAUSA).[3]

In 2007, Pacold joined the Chicago Office of Bartlit Beck Herman Palenchar & Scott LLP as an Associate.  She became a Partner at the firm in 2010.[4]  In 2017, she left that position to serve as Executive Secretary in the Department of the Treasury.  She became Deputy General Counsel a few months later and currently serves in that capacity.

History of the Seat

Pacold has been nominated for a seat on the U.S. District Court for the Northern District of Illinois.  This seat opened on March 1, 2017, when Judge John Darrah moved to senior status.

In June 2017, Pacold was contacted by the White House to gauge her interest in a federal judgeship.[5]  In February 2018, she applied with a screening committee set up by Sens. Dick Durbin and Tammy Duckworth, both Democrats.[6]  Pacold was chosen as a prospective nominee for the Northern District by the end of February and was nominated as part of a three-judge package on June 7, 2018.

Legal Experience

While Pacold has held many legal positions throughout her legal career, the most significant and longest is her ten year tenure at Bartlit Beck Herman Palenchar & Scott LLP in Chicago.  In this position, Pacold primarily handled civil litigation on behalf of corporations.  For example, Pacold represented chemical company DuPont in defending against allegations of environmental contamination in New Jersey.[7]  She also represented Bayer Pharmaceuticals in a patent suit against Novartis.[8]

Notably, Pacold represented the City of Chicago and a team of Chicago police officers against a 1983 action based on claims of excessive force and false arrest.[9]  The case emerged from the defendant’s arrest while she was questioning police officers regarding their simultaneous arrest of her son.[10]  After a jury verdict in favor of the officers, Pacold successfully defended the decision on appeal.[11]

Political Activity

Over the last ten years, Pacold has made a handful of political contributions, all to Republicans.[12]  Among the recipients included the Presidential campaigns of John McCain and Mitt Romney, Secretary of State Mike Pompeo, and Sens. Ted Cruz and Tom Cotton.[13]

Writings

Of Pacold’s writings, two may draw attention.  First, as a law student, Pacold authored a paper discussing fee shifting provisions in class actions.[14]  In the paper, Pacold argues that current fee shifting statutes give plaintiff’s attorneys too strong an incentive to settle rather than take cases to trial, as their attorney fee recoveries are often higher during settlement.[15]  Pacold notes that this is counterintuitive as “the desire of plaintiffs’ attorneys to obtain higher fees at the expense of their clients is not a legitimate reason to increase the rate of settlements further.”[16]  Instead, Pacold proposes reforming the statutory fee shifting structure by not applying it in the settlements context.[17]

Pacold’s second notable writing is a Letter to the Editor written as an undergraduate, in which Pacold argues that laws prohibiting sex discrimination do not prohibit same-sex sexual harassment (relating to the then-pending Oncale case).[18]  Instead, Pacold argues that Oncale, a male who suffered sexual harassment from his male boss, cannot prove sex discrimination because his workplace has no females.[19]  The Supreme Court disagreed in a unanimous decision.[20]

Overall Assessment

While Martha Pacold is, ultimately, a package nominee, to be considered with two others supported by Senators and the Administration, she may draw more opposition than her fellow nominees.  This is for three reasons: first, Pacold is the youngest of the nominees at only 39 (although she does meet the ABA’s 12 years of practice requirement); second, Pacold is on record indicating that Title VII does not protect same-sex sexual harassment, a controversial position given the current focus on Title VII’s protection for transgender and LGBT individuals; third, Pacold clerked for Justice Thomas, who is notorious for selecting many deeply conservative individuals to clerk for him.  The combination of these factors may draw some raised eyebrows from Democrats.

However, with support from Durbin and Duckworth, Pacold remains likely to be ultimately confirmed with a strong bipartisan majority.


[1] Sen. Comm. on the Judiciary, 115th Cong. Martha M. Pacold: Questionnaire for Judicial Nominees 1.

[2] Id. at 2.

[3] Id.

[4] Id.

[5] Id. at 31.

[6] Id. 

[7] In re Environmental Contamination of Pompton Lakes, N.J.: Super. Ct. (Bergen Cnty.).

[8] See In re Bayer HealthCare LLC and CSL Behring LLC, Case No. 2010-M918 (Fed. Cir.).

[9] Whitehead v. Bond, 680 F.3d 919 (7th Cir. 2012).

[10] See id. at 922-25.

[11] See id. at 926.

[13] See id.

[14] Martha Pacold, Attorneys’ Fees in Class Actions Governed by Fee-Shifting Statutes, 68 U. Chi. L. Rev. 1007 (Summer 2001).

[15] Id. at 1028.

[16] Id. at 1029.

[17] See id. at 1030-32.

[18] Martha M. Pacold, When is Sexual Harassment Discrimination, Wash. Post, Dec. 17, 1997.

[19] See id.

[20] See Oncale v. Sundowner Offshore Srvs, Inc., 523 US 75 (1998).