April Perry – Nominee to the U.S. District Court for the Northern District of Illinois

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

After her previous nomination be U.S. Attorney for the Northern District of Illinois stalled, April Perry has been nominated to be a U.S. District Judge on the court instead.

Background

April Perry graduated from Northwestern University in 2000 and got a J.D. magna cum laude from Northwestern University School of Law in 2003.

After graduation, Perry clerked for Judge Joel Flaum on the U.S. Court of Appeals for the Seventh Circuit. Perry then became a federal prosecutor with the U.S. Attorney’s Office for the Northern District of Illinois in 2004. In 2017, Perry left to become Chief Deputy State’s Attorney and Chief Ethics Officer for the Cook County State’s Attorney’s Office. In 2019, Perry left to join Ubiety Technologies as General Counsel. Since 2022, Perry serves as Senior Counsel at GE HealthCare.

History of the Seat

Perry has been nominated for a seat on the U.S. District Court for the Northern District of Illinois. This seat will open upon the elevation of Judge Nancy Maldonado to the U.S. Court of Appeals for the Seventh Circuit.

Legal Career

Perry started her legal career as a law clerk for Judge Joel Flaum on the Seventh Circuit. Subsequently, Perry spent twelve years as an Assistant U.S. Attorney with the U.S. Attorney’s Office for the Northern District of Illinois. During this time, Perry prosecuted Gregory Patzer for bank robbery. See United States v. Patzer, 548 F. Supp. 2d 612 (N.D. Ill. 2008).

From 2017 to 2019, Perry served as the Chief Ethics Officer for Cook County State’s Attorney Kim Foxx. Perry’s time with the office overlapped with the prosecution of Jussie Smolett for making false reports of being targeted for a hate crime. See Andy Grimm, 2 Top Deputies of State’s Attorney Foxx, One Tied to Smollett Case, To Resign, Chicago Sun Times, Apr. 18, 2019, https://chicago.suntimes.com/2019/4/18/18619800/2-top-deputies-of-state-s-attorney-foxx-one-tied-to-smollett-case-to-resign. Notably, Perry was critical of Foxx’s decision to assign the case to her First Assistant after her recusal, noting that a special prosecutor should likely have been appointed upon the recusal. See Ben Bradley, Top Foxx Official Said Recusal Wasn’t Right, WGN9, Apr. 17, 2019, https://wgntv.com/news/wgn-investigates/top-foxx-official-said-recusal-wasnt-right/. Perry subsequently resigned from the office. See Ben Bradley, Mysterious ‘Special Prosecutor Order’ Email in Smollett Case, Records Show, WGN9, Apr. 19, 2019, https://wgntv.com/news/wgn-investigates/mysterious-special-prosecutor-order-email-in-smollett-case-records-show/.

Perry has spent the last few years of her career in-house, starting with the Artificial Intelligence tech start up Ubiety Technologies, and more recently in GE HealthCare.

In 2023, Perry was nominated to be U.S. Attorney for the Northern District of Illinois. Perry’s nomination was approved by the Senate Judiciary Committee in a bipartisan 12-9 vote but was blocked by Senator J.D. Vance from a final confirmation vote, remaining pending until it was withdrawn for her nomination to the federal bench.

Overall Assessment

While Perry’s nomination to be U.S. Attorney was stalled by Vance, it is likely that Democrats will prioritize Perry’s judicial nomination more during their limited floor time. As such, ironically, Vance’s blocking of Perry’s nomination may result in a lifetime appointment for her.

Georgia Alexakis – Nominee to the U.S. District Court for the Northern District of Illinois

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

Georgia Alexakis currently serves as Criminal Appellate Chief at the U.S. Attorney’s Office in Chicago. She is favored to join the federal bench in the next few months.

Background

Georgia N. Alexakis graduated from Harvard University in 2000 and, after working as a consultant for three years, got a J.D. magna cum laude from Northwestern Priztker School of Law in 2006.

After graduation, Alexakis clerked for Judge Marsha Berzon on the U.S. Court of Appeals for the Ninth Circuit and then for Judge Milton Shadur on the U.S. District Court for the Northern District of Illinois. Alexakis subsequently joined Bartlit Beck Herman Palenchar & Scott LLP. Alexakis then became a federal prosecutor with the U.S. Attorney’s Office for the Northern District of Illinois in 2013 and stayed there until 2021 when she came a Partner with Riley Safer Holmes & Cancila LLP. Alexakis rejoined the U.S. Attorney’s Office in 2022 and currently serves as Chief of Appeals of the Criminal Division.

History of the Seat

Alexakis has been nominated for a seat on the U.S. District Court for the Northern District of Illinois. This seat will open on August 1, 2024, when Judge Rebecca Pallmeyer will move to senior status.

Legal Career

Alexakis started her legal career as a clerk to Judges Marsha Berzon and Milton Shadur and was even shouted out by Judge Shadur in multiple opinions for her work. See Love v. Frontier Ins. Co., 526 F. Supp. 2d 859, 861 n.3 (N.D. Ill. 2007) (noting a debt to Judge Berzon for “one of this Court’s two fine law clerks this year, Georgia Alexankis”). See also Patino v. Astrue, 574 F. Supp. 2d 862, 873 n. 10 (N.D. Ill. 2008) (noting that this opinion is “public acknowledgment of the outstanding work that has always been done by my extraordinary law clerk Georgia Alexakis”).

Alexakis subsequently started at Bartlit Beck Herman Palenchar & Scott LLP, where she worked on a multi-district litigation involving the potential contamination of U.S. rice crops with non-approved genetically modified strains. See In re Genetically Modified Rice Litig., 666 F. Supp. 2d 1004 (E.D. Mo. 2009). Alexakis also represented Bayer in defending another multidistrict litigation arising from the marketing of low-dose aspirin. See In re Bayer Corp. Combination Aspirin Prods. Mktg. and Sales Practices Litig., 701 F. Supp. 2d 356 (E.D.N.Y. 2010).

The largest portion of Alexakis’ legal career has been with the U.S. Attorney’s Office for the Northern District of Illinois. Early in her time with the office, Alexakis argued an appeal involving convictions for distribution of heroin and crack cocaine. See United States v. Chapman, 804 F.3d 895 (7th Cir. 2015). In another case, the Seventh Circuit reversed a conviction in a case that Alexakis argued, finding that the district judge should have recused himself from the illegal entry case because he had been involved in the underlying deportation proceeding. See United States v. Herrera-Valdez, 826 F.3d 912 (7th Cir. 2016).

Alexakis has also prosecuted cases of sex trafficking, see, e.g., United States v. Carson, 870 F.3d 584 (7th Cir. 2017), and mail fraud, see, e.g., United States v. Walton, 907 F.3d 548 (7th Cir. 2018). More recently Alexakis defended on appeal the convictions against police officer Marco Proano, for shooting two passengers of a moving sedan. See United States v. Proano, 912 F.3d 431 (7th Cir. 2019). She also convinced the Seventh Circuit to reverse the sentence for Adel Daoud, who had attempted to blow up a fake bomb provided by an FBI agent, as substantively unreasonable. See United States v. Daoud, 980 F.3d 581 (7th Cir. 2020), re’hrg en banc denied by 989 F.3d 610 (7th Cir. 2021).

Overall Assessment

With extensive experience with both civil and criminal litigation, Alexakis should be a fairly uncontroversial choice for the federal bench.

Judge Sunil Harjani – 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. Magistrate Judge Sunil Harjani has two decades of experience litigating before the Northern District of Illinois and the Seventh Circuit that he can bring to the bench.

Background

Harjani received a Bachelor of Arts from Northwestern University in 1997 and a J.D. cum laude from Northwestern Pritzker School of Law in 2000. Harjani then clerked for Judge Suzanne Conlon on the U.S. District Court for the Northern District of Illinois and joined the Chicago office of Jenner & Block LLP.

In 2004, Harjani became senior counsel with the U.S. Securities and Exchange Commission and shifted to the U.S. Attorney’s Office for the Northern District of Illinois in 2008. Since 2019, Harjani has served as a U.S. Magistrate Judge on the U.S. District Court for the Northern District of Illinois.

History of the Seat

Harjani has been nominated for a seat on the U.S. District Court for the Northern District of Illinois. He is expected to be submitted for the seat that opened on December 26, 2023, when Judge Thomas Durkin moved to senior status.

Legal Career

Harjani started his legal career at the Chicago office of Jenner & Block, where he argued before the Seventh Circuit that a prisoner’s claim based on a beating at the jail is not required to be exhausted under the Prisoner Litigation Reform Act before a suit is filed. See Smith v. Zachary, 255 F.3d 446 (7th Cir. 2001). The Seventh Circuit disagreed in a 2-1 decision, finding that the PLRA applied to the prisoner’s claim. See id. While at Jenner, Harjani also served as a legal adviser working with the North-Western University Legal Clinic. See, e.g., Johnson v. Bett, 349 F.3d 1030 (7th Cir. 2003).

In 2004, Harjani shifted to the Securities and Exchange Commission, where he worked on enforcement actions for insider trading against Roger Blackwell. See U.S. Sec. & Exchange Comm’n, 477 F. Supp. 2d 891 (S.D. Ohio 2007). Subsequently, Harjani became a prosecutor with the U.S. Attorney’s Office for the Northern District of Illinois. While with the office, Harjani argued a number of appeals before the Seventh Circuit. See, e.g., United States v. Turner, 569 F.3d 637 (7th Cir. 2009); United States v. Bright, 578 F.3d 547 (7th Cir. 2009); United States v. Pilon, 734 F.3d 649 (7th Cir. 2013).

Jurisprudence

Harjani 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 notable opinions as U.S. Magistrate Judge are two relating to government applications for warrants. In one case, Harjani approved a geofence warrant in relation to an arson investigation. See In the Matter of the Search Warrant Application for Geofence Location Data Stored at Google Concerning an Arson Investigation, 497 F. Supp. 3d 345 (N.D. Ill. 2020). In his opinion, Harjani noted that geofence warrants, which allow the government to note the presence of various cellular and mobile devices within certain coordinates, can be unconstitutional if laid out too broadly, but that, in this case, the specific areas sought were covered by probable cause. See id. at 353.

In comparison, Harjani approved government use of a cell site simulator to identify the cell phone number of a suspected narcotics trafficker. See In the Matter of the Use of a Cell-Site Simulator to Identify a Cellular Device in a Narcotics Trafficking Case, 623 F. Supp. 3d 888 (N.D. Ill. 2022). Harjani specifically identified geographic limitations on the warrant that he noted would render it permissible under the Fourth Amendment. See id. at 894-95.

Writings

Harjani has frequently written on the law, going back to his time as a law student. See Sunil R. Harjani, The Convention on Contracts for the International Sale of Goods in United States Courts, 23 Hous. J. Int’l 49 (2000-2001). See also Sunil R. Harjani, Litigating Claims Over Foreign Government-Owned Corporations Under the Commercial Activities Exception to the Foreign Sovereign Immunities Act, 20 Nw. J. Int’l L. & Bus. 181 (1999-2000). Later, as a federal prosecutor, Harjani authored a discussion of the intersection of the work-product privilege and attorney notes taken during cross-border investigation interviews. See Sunil R. Harjani, Privilege and Interview Notes in Cross-Border Investigations, 45 Litigation 13 (2018-2019).

As a magistrate judge, Harjani was equally prolific. See, e.g., Sunil R. Harjani, Top Ten Mistakes in Internal Investigations Reports, 36 GPSolo 70 (2019). In one article, Harjani outlined different strategies that attorneys should embrace when approaching settlement conferences, based on where in the life of the case they land. See Hon. Sunil R. Harjani, Timing is Everything: When to Ask for a Settlement Conference, 49 Litigation 51 (2022-2023), https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_judges/Harjani/Timing%20is%20Everything.pdf.

Overall Assessment

As a sitting magistrate judge with a long history of litigation, Harjani should be a safe choice for the Northern District of Illinois. Barring anything unusual, he should be confirmed in the next 3-4 months.

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.