McHenry County Blog

The 2nd Appellate Court placed a separation of powers bump in the judicial road that stopped Judge Michael Caldwell from installing John Nelson, Supervisor Linda Moore's choice for Township Attorney, without Township Board approval.

Grafton Township Supervisor Linda Moore’s string of court victories met a bump in the judicial road Thursday.

A unanimous 2nd Appellate Court panel decision overruled McHenry County Circuit Court Judge Michael Caldwell’s order that Moore attorney John Nelson should be installed as Township Attorney without Township Board approval.

This separation of powers suit loss, argued by Ancel Glink attorney Thomas G. DiCanni, comes after Moore won a separation of powers suit concerning the exercise of her executive branch powers as Township Supervisor.

Written by Justice Donald C. Hudson, with Justices Robert D. McLaren and Mary Shostok concurring, the opinion ruled that “due respect must always be shown to other co-equal branches of government.”

The appeals court ruled that Judge Caldwell should not have interfered with the discretion possessed by the board on this issue.”

“…the court system has no role to play in reviewing whether the supervisor’s appointment of [John] Nelson should be confirmed,” the decision says.

In further explaining its decision, the panel wrote, “…this case concerns a court directing a legislative body how to proceed on a matter that would typically be within the discretion of the legislative body.”

This Sunday, the McHenry County Republican Party will have an insert. It will feature GOP candidates on the ballot with little biographies and photos for each.

Since a lot of people don’t subscribe to local daily papers anymore, I thought I’d let you see the piece without having to pay for it.

Today, take a look at the front and back pages of the 8-page tabloid (click to enlarge):

The back page has three judges on the ballot:

• 22nd Judicial Circuit Candidate Gordon Graham
• 2nd Appellate Court Justice candidate Mary Schostok
• 2nd Appellate Court Justice candidate Ann Jorgensen

Remember to make the print large enough to read, just click on the image.

There’s even an offer of a ride to the polls. The number to call is 815-444-7115.

You can get it over with by voting early through Friday afternoon.

McHenry County attorney Donna Kathryn Kelly ran for a 2nd Appellate Court judgeship.

I didn’t see any literature at the Republican Central Committee distribution day or I would have passed it out in my precinct, as I did for all the candidates who supplied it.

Two days after the election, I received the card in the mail with a first class stamp on it.

The Palatine postmark was January 29th.

So, how did first class mail take just one day short of a week to get delivered?

If I were Donna Kelly, that is what I would put in my letter to the regional Postal Inspector.

Or, maybe the Diane Kelly of Crystal Lake should send the letter. The post card I received had her return address sticker on it.

Such poor delivery is simply outrageous.

Kelly’s electoral performance puts her in a good position to run for judge in McHenry County,

Almost final McHenry County election returns for the February 2, 2010, primary election in which Donna Kelly polled more local votes than 2nd Appellate District winner Mary Schostok.

It seems appropriate to list the qualifications that she had on the palm card:

• An experienced appellate attorney
• 7 years as an assistant appellate defender for the Office of the State Appellate Defender, Third District
• Authored dozens of appellate court briefs
• Won numerous cases in the Appellate Court
• Argued and won 2 cases before the Illinois Supreme CourthouseFormer assistant public defender, Kane County
• 15 years experience in the criminal justice system
• Member of the Capital Litigation Bar
• Qualified to prosecute & defend death penalty cases
• 4 years as assistant state’s attorney in McHenry County
• Headed Gang Prosecution Unit
• Author of crime novel “Cop Eyes”
• Graduate of Northern Illinois University College of Law 1994
• Graduated from Marian Central Catholic High School, 1986

www.ELECTDONNAKELLY.COM

Two women appointed by Illinois Supreme Court Justice Robert Miller, Appellate Court Justices Ann Jorgensen and Mary Schostok, carried the day Tuesday.

Below you see the preliminary results of the judicial district that sprawls across northern Illinois from Lake Michigan to the Mississippi River.

Jorgensen beat out former DuPage County Judge Kenneth Moy by a margin of 2-1.  Schostok’s race was significantly closer.  She defeated McHenry County attorney Donna Kelly 54% to 46%.

Name Party Votes Vote % Jorgensen , Ann GOP 153,996 67% Moy , Kenneth GOP 76,836 33%

Name Party Votes Vote % Schostok , Mary GOP 118,573 54% Kelly , Donna GOP 102,588 46%

Kenneth Moy's third mailing.

Moy sent out at least three large postcard mailers.

The back of Kenneth Moy's third mailing.

Jorgensen countered with one.  Click to enlarge any image.

Justice Ann Jorgensen's only mailing. She won 2-1.

Jorgensen used a comparison approach based on bar association members’ evaluations of the two candidates.

On the back of her comparison piece, Justice Ann Jorgensen listed her endorsements. The one from the Chicago Tribune was even more impressive than the quote she used. The Tribune suggested people should not be surprised to see her serve on the Illinois Supreme Court in the future. The photo does not do her justice. I guess her advisers wanted her to look "judicially serious."

In the second contest, Schostok was pitted against McHenry County attorney Donna Kelly.

Kelly carried McHenry County 11,751 to 10,198. She received 53.5% of the vote, giving her a leg up as a proven vote getter for the next local judgeship.

I saw yard signs for Kelly, but no mailing or literature.

License plate 989-NHH on a white Jeep into which Sheriff Keith Nygren and his wife drove from the fundraiser for Appellate Justice Mary Schostok. It has a license plate holder saying, "POSSE SHERIFF NYGREN."

I found this Wisconsin license plate in the parking lot of D’Andrea the night of the event for Appellate Court Justices Mary Schostok and Ann Jorgensen.

While looking for a big, lit up Nygren sign in the parking lot, I saw McHenry County Sheriff Keith Nygren and his wife Marge get into a large white Jeep with a Wisconsin license plate and a Nygren’s Posse license plate holder.

It prompted me to send this email yesterday morning to Nygren’s campaign web site.

Brent Smith sent me out to the parking lot at Schostok’s fund raiser to get a photo of your sign, which he said was lighted.  Searching the parking lot, I ran across a white Jeep with Wisconsin plates.  It had a Nygren Posse license plate holder.  (At the far edge of the parking lot I finally found the pickup truck, but with an unlit sign.)

Cary village Trustee Ray Chisholm and, later, Woodstock Mayor Brian Sager and I talked on the steps.  Then you and Marge left the event, got into the Jeep and drove away.

Why does the Jeep have Wisconsin license plates?

By the time I went to bed, having scheduled this to be posted shortly after midnight, Sheriff Nygren had not replied.

Reflected in the mirrors, Appellate Court Justice Mary Schostok addresses the crowd.

Attorneys and politicians gathered to honor Appellate Court Justice Mary Schostok at Crystal Lake’s D’Andrea Banquets last night.  The parking lot was almost full.

Before Schostok took the podium to explain her accomplishments in Lake County, McHenry County Sheriff Keith Nygren extolled her virtues, describing her as a friend of the law enforcement community.

McHenry County Sheriff Keith Nygren hugs Appellate Court Justice Mary Schostok after saying kind things about her.

They hugged after his introduction.

Appellate Court Justice Ann Jorgensen talks to Barrington's Steven Marderosian prior to the program.

Schostok also introduced her fellow appointed Appellate Court Justice Ann Jorgensen.

Appellate Court Justice Mary Schostok greets Mike McCleary.

Prior to the program, Justice Schostok greeted people at the door.

If you drive past D’Andrea Banquets this evening between 5:30 and 7:30, my bet is the parking lot will be jammed.

The McHenry Lawyers for Justice Schostok will be hosting a $30 fund raiser with payment at the door.

Besides the honoree Justice Mary S. Schostok, her colleague Ann B. Jorgensen will be there as a “special guest.”

So far, I have seen the two appointed 2nd Appellate Court Justices selected from among hundreds of applicates by Illinois Supreme Court Justice Bob Thomas twice times in McHenry County.

McHenry County State Rep. and GOP Central Committee Chairman Mike Tryon poses with Appellate Court Justices Mary Schostok and Ann Jorgensen at the Nunda Township Republican Picnic this summer.

First they were out campaigning this summer at the Nunda Township Republican Picnic.

Appellate Court Justice Mary Schostok (behind the table) and Ann Jorgensen greet precinct committeemen as they pass out literature and signs in Crystal Lake last Friday night.

Then, last Friday night, they were greeting precinct committeemen at the McHenry County Republican Central Committee’s literature pickup.

I’m sure no attorney with a general practice wants to be in appellate court, but, every once in a while cases do get appealed.

At $30 to attend the affair the price is certainly within the reach of attorneys in McHenry County. I would assume members of the public who would like to attend would be welcome as well.

Probably not attending will be the Grafton Township Trustees who wanted to build a township hall without adequate public notice or getting approval at the ballot box. The two lady justices, along with Crystal Lakes Sue Hutchison put the kabosh on that in a decision earlier this year.

Appointed Appeallate Court Justice and candidate for election to that position Mary Schostok stands behind a table of her literature, while appointed Appellate Court Justice and candidate for a different vacancy Ann Jorgensen looks at the camera in the foreground. McHenry County Board candidate Nick Provenzano stands between the two.

Friday night I picked up my literature at Liberty Outdoor and found two 2nd Appellate Court judicial candidates at the second table. Mary Schostok from Lake County and Ann Jorgensen from DuPage, were handing out literature and talking to the very relatively few precinct committeeman who came out in the cold.

Not only was candidate Schostok in Crystal Lake Friday, but she is having a fund raiser Thursday after work at Crystal Lake’s D’Andrea Banquets (southeast corner of Route 14 and 31).  Jorgensen will also be present as “a special guest.”

And, Schostok started off my week with a page four-color campaign piece in my mail box.

Having a life story helps a candidate identify with voters. Schosotok’s is summarized on the front page of her mailing:

From Immigrant
Shoemaker’s
Daughter to the
Illinois Appellate Court

How much better does it get than that?

Page two puts the story in pictures. Click to enlarge the page.

A resume appears on the third page. Schostok tells how she was selected by the Illinois Supreme Court “out of several hundred potential candidates” for appointment to fill a vacancy on the appellate court. Previously, she served as a circuit court judge and a Lake County Assistant State’s Attorney. Four awards are highlighted, including

• Fred Foreman Award for fighting child sexual/physical abuse
• Outstanding Service Award, Arson Investigation Association
• President’s Award for Excellence, Lake County Bar Association
• Benedict J. Ori Award for distinguished service to the legal community

The address side is mainly aimed at informing people about voting early and absentee. It’s well done, so you see it above.

There are also examples of her leadership in the community, including being on the board of Carmel Catholic High School.

The Thursday “Countdown to Election Day Reception “ fund raiser will be sponsored by “McHenry County Lawyers for Justice Schostok” on January 14th.

Special guest for the $30 event will be Justice Ann Jorgensen. Tickets cost $30 for everybody but Republican Precinct Committeemen, who may attend as guests .

RSVP’s to Renee, 847-989-3801, are appreciated for the 5:30 to 7:30 event.

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You may remember that both Schostok and Jorgensen, joined with McHenry County’s Sue Hutchinson in upholding Judge Michael Caldwell’s decision prohibiting Grafton Township from building a new township hall without a referendum.

The two justices also attended the Nunda Township Republican Picnic this summer.

I started noticing it when I looked at Friday’s mail.

Republican candidates are sending mailings to puff themselves up.

Or just to let us know they exist.

Candidates can’t count on precinct committeemen anymore. Besides GOP political organizations in the suburbs being shadows of what they used to be, what candidate in their right might would count on committeemen going door-to-door on February 2nd.

How much will have the snow have melted by then, even if we have a warm spell?

Setting the primary on Feb. 2nd was just another step in Mike Madigan’s centralization of power in the hands of those at the top.

This is the room at Liberty Outdoor where candidates laid out literature and signs for precinct committee to take last Friday night and Saturday morning. You can see Appellate Court Justice and candidate therefor Mary Schostok conversing on the right. Central Committee Executive Director Geri Davis is facing the camera next to the Dillard sign. Behind here is Ray Marachiori, Lt. Gov. Jason Plummer's campaign manager and my former staffer when I was chairman of the House Privatization Committee. He is talking to Lt. Gov. candidate and Sprinfield businessman Don Tracy, who is a candidate for Lt. Gov. Half of Tracy's head did not make it in the photo. Sheriff Keith Nygren talks with county board candidat John Jung in the center background. The top of his wife Marge's head can be see to Jung's left. Over Jung's shoulder appears a bit of Donna Kurtz.

I picked up my literature Friday night and took the photo you see above about 7:30. By the time closing time had rolled around on Saturday, about forth of some 200 precinct committeemen (if all the precincts were manned) had shown up to get literature. Most will mail what they picked up.

Friday I got an over-sized post card from Congressman Mark Kirk, the favorite to be the Republican candidate for the U.S. Senate seat vacated by President Barack Obama and occupied by Roland Burris.

The seat ought to be a pick-up, except for Kirk’s liberal congressional voting record, which has enraged many conservative Republicans.

Like Kirk Dillard, he plays the Jim Edgar card. There’s a photo of Edgar and Kirk and the message side of the postcard leads with this quote from Edgar:

“Mark has a superb record of integrity and ethics,
and he has a great record on the issues as well.”

Kirk plays to his strong points, promising

“Lower Taxes…Less Government…Tough on Corruption”

He actually has a record in those areas which would please a lot of Republicans.

I looked for any information on social issues, but no mention is made of any of his positions.

Kirk also stresses his military record, as you can see if you click on the image of the address side of the piece and enlarge it.

Candidates are nervous people.

So I can understand how Appellate Court Justice Mary Seminara Schostok felt after she got a Friday call from McHenry County Republican Party Chairman Mike Tryon.

He was inquiring why her name and the title of “Judge” had appeared here on McHenry County Blog. I took the information about a $2,500 contribution directly from on State Rep. Jack Franks’ campaign disclosure forms at the State Board of Elections.

We discussed the matter at Saturday’s Nunda Township Republican Picnic.

Here’s what I took off the State Board of Elections web site:

Michael & Mary Schostok, Occupation: Illinois Judge, Libertyville – $2,500

It turns out that Justice, no longer merely a circuit court judge, but now appointed 2nd Appellate Court Justice Schostok has different politics from her husband Michael.

He’s a trial lawyer and a friend of Herb Franks, one of 43 people who went fishing in Canada in June. It’s a bipartisan group, I’m told.

Sounds like a regular Illinois power elite.

The contribution was made on June 29th–right after the group returned home, I would guess.

Earlier in her political career, Schostok had taken heat when her husband had made a contribution with their joint checking account.

She persuaded him to open a separate account for his political contributions.

I suggested that once a contributor’s name is entered into the Illinois State Board of Elections’ system by a candidate that the next time a contribution is entered from the same name, the same information is probably entered by the campaign record keepers.

Come to find out, a $500 contribution was made on July 12, 2007, and the occupation listed wasn’t “attorney” to reflect Michael’s profession, but “Judge, State of Illinois” to reflect his wife’s.

No way to know why.

On April 3, 2003, the same sized contribution to Franks’ now defunct political action committee, Citizens for Jack Franks, had this identifier listed

Attorney, Salvi Schostok & Pritchard PC

Justice Schostok told me the Franks’ campaign has been asked to remove her name and position from state campaign records.

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The photo shows McHenry County Republican Party Chairman Mike Tryon posing with Mary Seminara Schostok and Ann B. Jorgensen, appointed Appellate Court Justices running for election for that same office.