Are there too few Black criminal court judges?

When the number of African American defendants is compared to the number of African American judges presiding over cases in criminal court, there’s a huge gap that’s “disgraceful,” according to a retired judge who presided over criminal

As of Feb. 24, there were 11,391 active cases in criminal court. In 72 percent, or 8,186 pending criminal cases, the defendant is African American, according to the Cook County Clerk of the Circuit Court’s office.

When the Defender began its inquiry in late January, there were only six Black judges in the criminal courts. As of Feb. 26, that number inched up to 10.

There are 47 criminal court judges in total in Cook County.

Chief Judge Timothy Evans, who oversees all the county’s judges, also assigns all judges to their respective division. The presiding judge for the criminal courts is Paul Biebel Jr. He manages all the judges in the division.

Evans, who was alderman of the city’s 4th Ward for 18 years before being elected to the bench in 1992 to become the county’s first African American chief judge, said the number of African American judges in the county judiciary is less than 20 percent of the total number of judges, so it’s not possible to have a large number in all divisions.

There are 425 judges hearing cases in 10 court divisions in the county. Seventy-eight, or 18 percent, are African American. Of the 78, there are 30 African American judges serving in the municipal division while only 10 serve in the criminal division.

Judges in the municipal division hear cases such as domestic violence, misdemeanor criminal proceedings, eviction proceedings, housing issues, ordinance and traffic enforcement violations, marriage issues and civil suits for damages up to $30,000.

The criminal court hears cases about serious criminal acts – felonies – such as armed robbery, assault, burglary, rape and murder.

While 10 criminal court judges may seem like a small number, it reflects 21 percent of all judges in the criminal division, close to the percentage of African American judges in the total judiciary, and near the percentage of the African American population in Cook County, 26 percent, Evans told the Defender, adding that there was no cause for alarm in the perceived low number.

Still, retired judge Leo Holt said the number is up from the time he when came to the division, but 10 is still and “exceedingly low” and “disgraceful.”

“Most of the defendants are Black. I had to fight my way into the criminal division 20 years ago, and there were very few Black judges on the bench at that time,” Holt told the Defender.

When he arrived to the division in 1988, he was one of three Black judges: William Cousins Jr. and the late Earl Strayhorn. The late R. Eugene Pincham served on the bench in the division prior to Holt’s arrival.

Holt spent 18 years on the bench, 16 of those years were in the criminal division until he retired in 2004.

A judge who has been on the bench for more than a decade said that time and time again, plenty of qualified African American judges from other divisions expressed interest in moving to the criminal side but were discouraged by Biebel, who often recommends judges for assignment by the chief judge.

“It’s just tearing me up to see that happen. They just aren’t trying (to diversify),” said the judge whose name is being withheld for privacy.

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