November 16, 2004
BY ABDON M. PALLASCH Legal Affairs Reporter Saying he "violated the judicial cannons, demeaned the integrity of the judiciary and brought the judicial office into disrepute," the Illinois Courts Commission kicked Judge Francis X. Golniewicz III off the bench Monday.
Golniewicz lied to get elected, telling residents of Chicago's Northwest Side that he was their "neighbor" when he actually lived in west suburban Riverside.
Golniewicz said he used his parents' address in the Old Irving Park neighborhood for his professional mail and his voting address because he considered it his "permanent abode."
But the Courts Commission ruled it was "a scheme" for Golniewicz to take advantage of Democratic clout he and his father, a retired judge, had to win a seat that he couldn't win in Republican Riverside.
"The commission finds that the only appropriate remedy in this case is to remove and dismiss [Golniewicz] from the office of Circuit Court Judge, effective immediately," the commission ruled.
This is the sixth time in history and the first time in three years the commission has thrown a judge off the bench. The last was Judge Oliver Spurlock, whom the commission found sexually harassed women prosecutors in his court.
Golniewicz described as 'shocked'
Golniewicz, who is battling lymphoma, was "shocked" by the ruling, said his attorney William J. Harte. The Judicial Inquiry Board -- which prosecuted Golniewicz -- had offered a plea bargain of six months suspension.
The board made the offer earlier this year because one of the state's top election lawyers, Mike Lavelle, had advised Golniewicz he could run from his parents' house. Candidates live where they say they live, Lavelle argued.
But the Courts Commission rejected that argument.
"Michael Lavelle testified that it is not unusual for a person to have two residences . . . Respondent was not one of these people. He had one residence with his wife and children in Riverside."
Judge faulted for behavior, too
Commissioners ruled Golniewicz lied to Lavelle in a brief breakfast conversation when Lavelle told Golniewicz it was OK to use his parents' address if he considered that his "permanent abode."
"It was not until [Golniewicz] failed to show up for court one day that he disclosed his true address in Riverside, and this address was placed in a document entitled 'real addresses of 4th District judges,' " the commission wrote.
Golniewicz' campaign flyer said "as a lifelong resident of St. Viator's parish on the Northwest Side of Chicago, I realize and share the same problems you have."
"No voter in the Tenth Subcircuit who received this flyer would understand that it was sent by a person who was living with his wife and children in Riverside," the commission wrote.
Ironically, Golniewicz really does live with his parents now since his wife filed for divorce.
The commission also faulted Golniewicz for rudeness on the bench. He cussed, called an African-American defendant "boy" and showed his contempt for a jury that found a defendant not guilty by tearing up their certificates of appreciation