Will County Circuit Judge Michael Powers has the unenviable task of running for a crucial seat in the Third District Appellate Court, unable to personally ask for campaign funds and restricted by a judicial conduct code from clearly articulating his views on pertinent social issues.
In Part 2 of our 2-part interview (see Part 1), Judge Powers discusses the importance of the Third Appellate District race, the most fulfilling part of his job as a judge, most disappointing part and why, one day, he was referred to as “a holy man. . .”
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by Fran Eaton, IR Editor
Will County Circuit Judge Michael Powers has the unenviable task of running for a crucial seat in the Third District Appellate Court, unable to personally ask for campaign funds and restricted by a judicial conduct code from clearly articulating his views on pertinent social issues.
As one of the three governing branches, an Appellate Court level judgeship is one of the few judicial slots elected by voters at large.
Powers acknowledges the current electoral system for filling Appellate Court seats confuses and frustrates both judicial candidates and voters desiring to elect good people.
“One thing people often mention to me is that they’re not comfortable with electing judges,” Powers said in a recent IR interview. “I tell them that the legislature sets the law, and I am forced to abide by that law until it is changed.”
Powers has a committee of fellow lawyers who have agreed to raise campaign funds for him. While he restricts himself from expressing his position on issues upon which he may have to make judicial decisions, he points those who inquire about his qualifications to the high recommendation bestowed upon him by the Illinois State Bar Association.
Several bar-associated lawyers and judges who are the candidate's colleagues answer a seven factor survey assessing his or her integrity, bias or prejudice as well as temperament. Their findings are made public.
“I’m happy my peers gave me an 88 percent approval rating, which is considered very high,” Powers said. “Anything over 60 percent is recommended. My opponent scored at 50 percent.”
But the State Bar Association's findings do not answer a candidate's position on abortion, gay marriage, property rights, First or Second Amendment issues, or the Constitution itself.
Powers' judicial philosophy, though, does answer concerns conservatives may have as to what he thinks the judicial branch's constitutional authority is.
“Do I think of myself as a legislator? No. My job is to interpret the laws written by the legislature,” Powers said. He stopped there, reasserting he is very concerned that he would be forced to recuse himself on crucial cases if he were to express his political viewpoints during a campaign.
“Of course, one way to discover my position on issues of interest would be to research rulings I’ve made as a district judge,” he said.
With the retirement of the Third District Appellate Court’s Republican Judge Slater, the open seat is crucial to political party balance. Losing the Third District seat to a Democrat in November would make the panel lean heavily to the Democratic side, 5 to 2.
Winning the Third District Appellate seat will take an all-out political campaign.
“I don’t expect the race to cost as much as the Karmeier race, of course,” Powers said. “But as the election day nears, we have no idea how hard the Democrats will fight for that seat.”
But it’s worth a fight to Powers, he says. He loves being a judge and is confident he would make a good addition to the Third District Appellate Court.
“As a judge, I enjoy working with troubled young people, and seeing them turn around their lives,” he said. “That’s probably the most fulfilling part of my job. It’s also the most disappointing when the same young people come back and stand before me after I’ve already given them a second chance.”
Powers also enjoys telling stories of unusual experiences as a judge, especially when performing marriages. He tells of marrying one couple who met at culinary school.
“They dressed as chefs for their wedding,” he said. “That was memorable.”
Not quite as memorable as the time he was called “a holy man” by a groom’s family member who took a photo of the judge and the happily married couple. The light behind Judge Powers' head and his judicial robe made him appear angelic in the photo.
“That was one wedding I won't forget,” he said with a smile.
While Powers spends most of his judicial time in his current capacity out in the district in localities from Bourbannais to Plainfield, he also hears divorce cases at the Will County Courthouse once a week.
Has he ever had one of his decisions overturned by the Appellate Court he hopes to join in November?
"I haven't had a decision overturned yet," he said, smiling while knocking his knuckles on his wooden desk. "Most judges don't want to be reversed, but most recognize it will happen sometime or another."
(If you're interested in learning more about Judge Powers, the Third District, the Appellate Court or his candidacy, see his website at www.electjudgepowers.com.)
