Tag Archives: Tazewell County

Reasons not to vote for Umholtz for judge

Valerie Umholtz is running for judge in the 10th Judicial Circuit. The 10th Judicial Circuit in Illinois covers five counties: Peoria, Marshall, Putnam, Stark, and Tazewell. Her husband is the State’s Attorney for Tazewell County, Stewart Umholtz. He’s also her campaign manager. He’s also a big monetary contributor to her campaign:

[Valerie] Umholtz raised roughly $48,500. That includes more than $10,000 transferred from the previous campaign for attorney general of her husband, Tazewell County State’s Attorney Stewart Umholtz. She also received a recent $20,000 loan from him.

The Journal Star Editorial Board has endorsed her over her Republican primary challengers, John Vespa and Bruce Thiemann. The board acknowledges the relationship, but ultimately feels it’s “manageable”:

Voters should know that Umholtz is married to Tazewell County State’s Attorney Stu Umholtz, which could pose a conflict in those courtrooms in which the state’s attorney has a presence – felony, misdemeanor, traffic court, potentially some others. Her election would reduce the chief judge’s flexibility somewhat in assigning courtrooms, but from where we sit it’s a manageable situation – Umholtz could be placed in Peoria County, for example – and therefore not disqualifying. That said, it’s fair for voters to factor it into their decision.

A couple thoughts about this situation:

First, when the paper says it “could pose a conflict in those courtrooms in which the state’s attorney has a presence,” that doesn’t just mean Stewart Umholtz himself, but anyone in the Tazewell County State’s Attorney’s office. Mr. Umholtz’s conflict of interest is imputed to the entire prosecutor’s office. While it may be “manageable,” it’s not optimal. Tazewell County is the second-largest county in the 10th circuit with a little over 38% of the five-county population. It seems to me that the only reason to vote for a judicial candidate with such a huge potential for conflict of interest within the circuit is if there’s some compelling reason to vote against her challengers. The Journal Star offers only one reason to vote against Vespa — his low grade by his peers on the Illinois State Bar Association’s bar poll. No reason is given to vote against Thiemann. (Incidentally, Thiemann received higher ratings than Umholtz on the bar poll.)

Secondly, the Illinois Code of Judicial Conduct says, “A Judge Should Avoid Impropriety and the Appearance of Impropriety in All of the Judge’s Activities.” It goes on to elaborate: “A judge should . . . conduct himself or herself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.” Lawyers are able to slice ethical nuance with a scalpel, but laymen will look at Umholtz the judge married to Umholtz the State’s Attorney and see plenty of “appearance of impropriety,” even if any real conflict is “managed.” And when it comes to promoting “public confidence in the integrity and impartiality of the judiciary,” it’s the laymen that count, not the lawyers.

In the end, voters should ask themselves why they would want a Republican judicial candidate in the general election (and ultimately, a potential judge) who is disqualified from presiding over so much in Tazewell County when the other candidates have no such conflicts. Despite the Journal Star’s endorsement, I don’t see any good reason to vote for Umholtz.