As a special committee of the Illinois state legislature prepares to report its findings today into charges against Illinois Supreme Court Justice James Heiple which could lead to his impeachment, stemming from speeding citations and an apparent attempt to use his position to evade prosecution and investigation, DePaul University College of Law professors have been following the Heiple case. They are available to comment when a decision is reached. Heiple resigned as the court’s chief after the Illinois Courts Commission censured him for abusing his position during traffic stops and disobeying police.

Len Cavise predicts a committee whitewash.

Len Cavise, assistant law professor, predicts that the committee will not recommend Heiple’s impeachment: "The issue was never whether or not Justice Heiple was guilty of throwing his weight around with the local police. That's not an indictable offense. The issue was, rather, did Justice Heiple's subsequent conduct raise general questions about his fitness to serve on the Supreme Court? Did he conspire to hide evidence? Did he conspire to fix a Courts Commission hearing? Did he choose to put himself above the law by saying nothing on the record and then holding "impromptu" news conferences? Did he intimidate or attempt to influence anyone who could testify against him? Was his conduct after the incidents typical of the way he listens to litigants before the Supreme Court? To answer those questions, the committee needed to have exhaustively inquired into exactly what the justice's conduct was. What they didn't need to do was listen to former Gov. Jim Thompson and his six other team members ask leading questions to Justice Heiple, the goal of which was to say ‘I didn't do anything wrong, but, if I did, I promise never to do it again.’ We expected better than that from the impeachment committee."

To contact Cavise at DePaul call 312/362-6841.

Steven Resnicoff says Heiple should resign

Steven H. Resnicoff, who teaches legal ethics at the DePaul, said: "Justice Heiple's conduct amounts to the exploitation of his official judicial position to pervert the proper administration of justice. His continued presence on the court is a constant insult to the people of Illinois and inevitably undermines public confidence in the legal system. Moreover, his lack of candor in discussions with the other justices of the court is likely to have fully undermined any possible future effectiveness he might have on the court. At this point, Justice Heiple can most valuably serve the State of Illinois by resigning."

To contact Resnicoff at DePaul call 312/362-8137.

The Heiple case has demeaned the judiciary.

Jeffrey Shaman, law professor and expert on judicial ethics, said that the Heiple case has damaged the judiciary: "It is extremely important to protect the independence of the judiciary, while also noting that violations of the code of judicial conduct, as well as other ethical improprieties, are not beyond the bonds of oversight of the legislature through the impeachment process." After the courts commission found that Justice Heiple violated the code of judicial conduct, Shaman expressed concern that the reputation of the judiciary had been demeaned. Shaman teaches judicial ethics at DePaul along with state and federal constitutional law.

Shaman can be reached at DePaul at 312/362-8143.