A Fitting Farewell For Judge Byron

Madison County Judge Nicholas Byron will be recognized for what he is -- an activist judge -- by an organization that describes itself accurately: Citizen Action/Illinois is:

the state's largest public interest organization and a progressive political coalition committed to creating social change both in Illinois and across the nation.

It is a fitting honor for Byron -- maybe his crowning honor -- and it would be even more fitting if his acceptance speech ended with the words, "and so I have decided that it's time (at 77) to put the gavel away and hang my robe up for the last time. I am retiring as of tonight."

Or at least, "I will not seek retention in 2008." (Actually, Byron will be too old to seek retention in 2008 but he can seek another term through an open election. He'd have to run in the Democratic Primary in February, win, and defeat a likely Republican candidate in November.)

If he got through the Democratic Primary, he would be the likely winner in the General Election.

It's our guess at this early state that his Madison County judicial colleagues would prefer that he retire, perhaps sooner, rather than later, but they won't call for that.

And, alas, it probably won't happen.

Voters in Madison County had a chance to remove Byron and two of his colleagues in 2002 when they sought retention but the three incumbents spent a ton of money (most of it raised from personal injury trial lawyers) and were retained easily. Byron received 78% favorable votes.

It was at that point that many observers looked at Madison County's judiciary -- and looked at Madison County's voting population -- and wondered, "What are you thinking?"

An election offered the opportunity to make changes -- improvements -- in a judicial system that attracted national scorn and was causing serious local problems but the voters passed up that chance.

It wasn't until the intense focus shifted from class action lawsuits and out-of-state plaintiffs and asbestos lawsuits ... to lawsuits against local doctors and hospitals and declining access to medical care that local voters seemed to take an interest and began making changes.

The first change, of course, was the election of Justice Lloyd Karmeier to the Illinois Supreme Court. The second was the removal of ex-Justice Gordon Maag from the Appellate Court. The third was not voter-mandated (as the elections were ) but voter-inspired when new Madison County Chief Judge Ann Callis determined that the judicial system in Madison County (and neighboring Bond County) needed to be improved.

One of Callis' first steps was to remove Byron from control of Madison County's asbestos docket. It was while in that role that Byron announced that former U.S. Attorney General Griffin Bell and his Atlanta-based firm could no longer practice in his courtroom because Bell had called for a federal investigation of the judiciary in Madison County.

Former Attorney General Bell, who served in the Jimmy Carter Administration, wasn't the only one to express concern -- even outrage -- with the judicial system in Madison County. And much of the wrath was directed at Byron.

Byron was the judge who single-handedly leveled a $10.1 billion verdict against Philip Morris -- a verdict that ultimately was overturned by a Democrat-leaning Illinois Supreme Court. The U.S. Supreme Court refused to consider an appeal.

Byron also was the judge who awarded $250 million in damages to a steelworker who claimed U.S. Steel exposed him to asbestos and caused his lung cancer. The plaintiff's attorney was Madison County trial lawyer (and former judge) Randy Bono. (This reward was later reduced.)

Byron, in fact, has been as much a symbol of what's been wrong in Madison County and any other individual. There have been bad judges, bad lawyers, bad cases, bad outcomes

The award Byron is scheduled to receive later this month in Chicago is being presented by "Citizen Action/Illinois" and "USAction," two ultra-liberal organizations that consistently support personal injury trial lawyers' causes and oppose any kind of limitations on lawsuits or awards.

They are -- admittedly -- "activists. And that's fine. So are we.

But Judge Byron also has been an "activist." And that's not fine.

Judges should not -- can not -- be "activists" because the role of proposing law, writing law and enacting law belongs to the legislative and executive branches of the government.

Judge Nicholas Byron doesn't understand that role and while he dutifully and legally holds his Madison County seat until December, 2008, the presentation of this award by organizations that obviously mean much to him provide a great opportunity for him to retire.

If he retired now, the vacancy would be filled by appointment by the Illinois Supreme Court, upon the recommendation of Justice Karmeier.

Perhaps Justice Karmeier could ask Judge Callis and her colleagues in Madison County to make the recommendation for a replacement for Judge Byron.

And maybe we can find an organization to make awards to a few other Madison County judges -- with a caveat that their acceptance speech includes the word "retirement."

News Story Concerning Judge Byron's Award.

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