Wednesday, January 21, 2009

Another Judge Convicted of DUI... meet Sheila McGinnis

OK folks, it looks like we have another stirling example of why the DUI laws fail over and over and over. Oh, and make the government a lot of money. Oh, and also keep a lot of state judges on the bench with nice comfy salaries. This is Sheila McGinnis, a/k/a "her honor" Judge McGinnis. And friends, she is a real prize. Judge McGinnis was convicted of DUI this week, but unlike most defendants, she was spared (at least some of) the harsh glare of the media spotlight. According to media reports, she was "weaving from lane to lane, flashing her bright lights and honking the horn just before the accident." What accident you ask?

This is the good part. The "honorable" Judge McGinnis slammed into a minivan with five people. That's sounds like something straight out of a MADD commercial demonizing drunk drivers. Assistant Attorney General Daniel Nikolic really turned up the heat on Judge McGinnis, arguing "Not only was she driving under the influence of alcohol, she caused an accident." Uhh, wait a minute, he didn't exactly blast her. That is actually an extremely weak indictment of this law enforcement officer turned criminal. He should have pointed out the hypocrisy in a judge who regularly sentences DUI defendants to jail having rear-ended a minivan full of children who could have been injured or killed thanks to her honor's arrogance and recreational substance abuse.

One blogger stated "I have personally observed her demeanor and conduct on the bench and find her to be arrogant, incompetent in having a poor understanding of legal principles, and unwilling to hear pro se defendants." 'Nuff said. But not all said. Another blog reported that "her DUI case was transferred to the Markham courthouse after her attorney successfully argued it would have been 'embarrassing' for McGinnis to stand trial in the courthouse where she worked." Uhhh, wait a minute... isn't embarrasing the defendant one of the main techniques the courts use to battle drunk driving? Isn't that why some jurisdictions post all DUI mugshots?

But precious Sheila McGinnis was spared as much shame as possible. After sentencing, she slithered "out an employees' entrance at the Cook County Courthouse in Markham". Oh, and her trial was held at the same time as Barack Obama's inauguration. Funny timing. It's almost like she was married to Mayor Daley's nephew or something. Oh wait, she is. Her sentence? Court supervision for 18 months (yeah, they are going to be really hard on a judge down there at the Court Supervision office - she'll have to suffer through all the Bureaucracy and everything - NOT) and a $1,000 fine (wow, they really set her straight there - less than half the maximum). One blogger stated "I didn't have any prior convictions either, when she threw me in Cook County Jail for 4 days, and denied me a public defender, saying that if I had money for bail ($2,000 borrowed from my sister), I had money to pay a lawyer. (I'm a single parent with 4 kids.)"

Sounds like somebody could use a stiff taste of her own damned medicine. Continuing a common theme, Judge McGinnis refused to participate in any field sobriety tests or to provide a breath sample. Judges know these rituals are purely theatrical and are designed to convince uninformed defendants that they must be guilty, and that they should therefore plead guilty and forget trying to hire a lawyer to defend their rights. Another lesson: sometimes even if you can win based on the facts, a good guilty plea is better than a conviction after a contested case - at least you know what you are getting. If you can live with it, you're in good shape.

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