USALife.info / NEWS / 2023 / 11 / 09 / COMMISSION WEIGHS CONTROVERSIAL DISCIPLINE FOR ILLINOIS JUDGE WHO REVERSED RAPE CONVICTION
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Commission weighs controversial discipline for Illinois judge who reversed rape conviction

21:17 09.11.2023

The Illinois Courts Commission, which has the authority to remove, suspend, or reprimand judges, held a hearing in Chicago on Wednesday to address the allegations against Adams County Judge Robert Adrian. The judge is accused of willful misconduct for overturning his own decision to avoid sending the defendant, Drew Clinton of Taylor, Michigan, to prison for sexually assaulting a 16-year-old girl during a graduation party in May 2021.

During the three-day bench trial in October of that year, Judge Adrian found Clinton guilty of criminal sexual assault, which carries a minimum sentence of four years in prison in Illinois. However, at Clinton's sentencing hearing three months later, Adrian reversed his decision and argued that the 148 days Clinton had already spent in county jail were sufficient punishment. This decision caused an uproar in Quincy, Illinois, and beyond, with the victim and her supporters expressing shock and determination to see Judge Adrian removed from office.

The complaints against Judge Adrian were first reviewed by the Judicial Inquiry Board, which found a reasonable basis to believe that he had acted with willful misconduct, brought the court into disrepute, or failed to perform his duties. Only a few cases each year make it past the board and are brought before the Illinois Courts Commission. Shelley Bethune, the executive director and general counsel for the commission, stated that complaints against judges are common but rarely progress to this stage.

The complaint against Judge Adrian alleges that he acknowledged his responsibility to impose the mandatory four-year sentence but chose not to send Clinton to prison. According to court transcripts, Adrian stated, "That is not just," at the sentencing hearing. His lawyer, Daniel Konicek, argued before the commission that the judge's decision was based on the evidence presented in the case and not an attempt to undermine the law. Konicek also suggested that the legislative mandate of a four-year sentence for sexual assault might be flawed.

In addition to the reversal of the conviction, the complaint against Judge Adrian includes an allegation of retaliation. It is claimed that Adrian ordered a prosecutor, Joshua Jones, to leave the courtroom because he had liked a Facebook post critical of Adrian's decision. Jones testified that the post in question stated, "Hold rapists accountable." He expressed anger at being kicked out of court for supporting a cause he felt was part of his job as a prosecutor. Adrian later called Jones to apologize for the incident.

The victim of the sexual assault, Cameron Vaughan, attended the proceedings along with her family, friends, and supporters. Vaughan, now 18 years old, expressed her shock and determination to see Judge Adrian removed from office. She criticized Adrian for not only releasing Clinton but also blaming her and her parents, as well as the parents at the party, for the incident. Court transcripts support Vaughan's claim that Adrian stated, "this is what happens whenever parents allow teenagers to drink alcohol, to swim in pools with their undergarments on."

Adams County court records indicate that the guilty verdict was overturned because prosecutors failed to meet the burden of proof to establish Clinton's guilt. As a result, he cannot be retried for the same crime due to the protection against double jeopardy provided by the Fifth Amendment. A motion to expunge Clinton's record was denied in February of this year.

The court commissioners now have the responsibility of weighing all the evidence presented to determine whether Judge Adrian will face disciplinary action. This process is expected to take several weeks or months. The outcome of the hearing will have far-reaching implications, both for the judge's career and for the justice system's credibility in the eyes of the community.

/ Thursday, November 9, 2023, 9:17 PM /

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