Commission to decide on disciplinary action for Illinois judge who overturned rape conviction

Commission to decide on disciplinary action for Illinois judge who overturned rape conviction

Illinois Judge Faces Possible Removal Over Reversed Rape Conviction

A judge in western Illinois may be removed from office following allegations that he violated the law when he overturned a rape conviction. The decision has caused outrage in the victim’s hometown of Quincy and beyond.

The Illinois Courts Commission, responsible for ruling on complaints against judges and imposing disciplinary actions such as removal, suspension, or reprimand, held a hearing in Chicago on Wednesday to consider the allegations against Adams County Judge Robert Adrian. The accusations claim that Judge Adrian engaged in willful misconduct by overturning his own decision to avoid sending the defendant to prison.

The case involved Drew Clinton from Taylor, Michigan, who was accused of sexually assaulting a 16-year-old girl during a graduation party in May 2021. In October of the same year, Judge Adrian found Clinton guilty of criminal sexual assault, a charge that carries a minimum sentence of four years in prison in Illinois.

However, during Clinton’s sentencing hearing three months later, Judge Adrian reversed his decision, arguing that the 148 days Clinton had already spent in county jail were punishment enough.

Complaints against judges in Illinois must first go through the Judicial Inquiry Board, where a majority must find reasonable grounds to believe that a judge has engaged in willful misconduct, brought disrepute to the court, or failed to perform their duties. Although complaints against judges are common, only a small number make it past the board to the commission’s desk each year.

According to Shelley Bethune, executive director and general counsel for the Illinois Courts Commission, the board’s complaint against Judge Adrian states that he admitted he was supposed to impose the mandatory four-year sentence but refused to send Clinton to prison, stating, “That is not just. I will not do that.”

Judge Adrian and his attorney argue that his decision to reverse the conviction was based on the evidence in the case and not an attempt to undermine the law. Furthermore, Adrian’s lawyer, Daniel Konicek, suggested during the hearing that the legislature may be wrong in mandating a four-year prison sentence for sexual assault.

Konicek urged the commissioners not to base their decision on public outcry or social media, claiming that his client has been unfairly criticized by the press and that his family has received threats as a result.

The complaint against Judge Adrian also alleges that he retaliated against a prosecutor in a separate case for liking a critical Facebook post about the judge following the verdict reversal. Joshua Jones, the prosecutor in question, testified that the post stated, “Hold rapists accountable.” Jones expressed anger at being kicked out of the courtroom over the post and claimed that Judge Adrian later apologized to him.

The victim in the 2021 assault, Cameron Vaughan, expressed her shock and determination to remove Judge Adrian from office. Vaughan, who attended the proceedings with her family, friends, and supporters, stated that Adrian does not deserve to be a judge at all.

Adams County court records show that the guilty verdict was overturned due to the prosecution’s failure to meet the burden of proof. Under the Fifth Amendment, Clinton cannot be retried for the same crime. A motion to expunge Clinton’s record was denied in February of this year.

The court commissioners will now review all the evidence before deciding whether Judge Adrian should face disciplinary action, a process that could take several weeks or months.