Voters at the polls on Nov. 5 are choosing who will fill the seat of the 10th Judicial Circuit court judge in Peoria County. Incumbent Republican Judge Frank Ierulli was appointed by the Illinois Supreme Court in 2022 to fill the vacancy left by Judge Michael Risinger.
Democratic candidate and Tazewell County First Assistant Public Defender John Spears is seeking to replace Ierulli in the vacancy.
Both Spears and Ierulli have worked as prosecutors in State’s Attorney’s offices and on the side of defense, Spears as a public defender and Ierulli in private practice. Spears has not held any judicial position, while Ierulli spent time as an associate judge, overseeing juvenile courts.
Most recently, Ierulli says he is assigned to large commercial disputes and medical malpractice cases.
“So, arguably the most complex and difficult cases in the county,” Ierulli said.
Ierulli believes his total 32 years of experience makes him well suited to the courtroom. He also mentions his selection through extensive vetting processes to become an associate judge and then a circuit judge.
“My opponent is a nice young man and I can understand why he’s bellying up to the bar to run,” he said. “However, what really differentiates me is my much greater experience than he has.”
Spears has been practicing law for just under a decade. Though his time is shorter, he says he’s gained a great deal of experience.
“I’ve been on all kinds of cases, from low level traffic offenses, up to, you know, first degree murder, everything in between,” he said. “And it’s one of those things where it’s, you know, I’ve reached a point in my career where it’s like ‘well, I’ve seen quite a bit, how can I serve this community?’”
Both Spears and Ierulli have similar answers when it comes to the qualities that are important for a circuit judge position. They acknowledge that impartiality and fairness are a baseline.
“That’s the easy answer and that’s the answer that every judge candidate will get you or tell you,” Ierulli said. “But what I really think is the most important thing about a judge is to be patient and to listen. Because litigants come into the courtroom and nobody wants to come to court, they’re summoned to be there, or they’ve got a problem they can’t solve on their own.”
John Spears says a strong work ethic is important.
“Contrary to popular belief, [judges] do spend a lot of time hard at work,” he said. “You know, it’s necessary to know a case file from cover to cover. When I’ve been walking door to door through the community, I have been a little surprised with some of the responses. Some folks think, well, you know, it’s not a super difficult job.”
Both candidates say they have a firm grasp on what’s changing and evolving in Illinois law, particularly when it comes to the Pretrial Fairness Act. Both candidates also agree that the changes to bail are positive ones.
“People who present a danger to the community can and should remain in custody,” Ierulli said. “However, just because you’re poor and can’t pay a $250 bond for a speeding ticket, you shouldn’t remain in custody for cases like that…Analysis must be done and those people who need to be in jail should stay in jail.”
Spears makes a similar point: the determination should come from close analysis of any given case.
“One of the old sayings, at least in the legal field, is that the judiciary is never really that concerned with the wisdom of our legislation, and that may be part of the case for the SAFE-T Act, because I know it’s hotly debated across the board,” Spears said. “But the one thing that I appreciate about it is that it is trying to ensure that everybody’s treated fairly.”
Both candidates acknowledge that, when it comes to community issues like violent crime, judges play some sort of role, though it may be limited. For example, Ierulli says the judges don’t decide who’s brought to court, the state’s attorney’s do.
Spears says the judge’s agency in these matters lie in sentencing.
“You look at, well, is this going to have an impact on crime?” he said. “Or is it going to, you know, if I sentence lower, is it going to depreciate the seriousness of it? There are a number of things that go into it.”
One area where Fank Ierulli has particular interest is juvenile crime. He says himself and a partnership of law enforcement, community partners, a juvenile justice coordinating council, social service agencies, the Peoria Racial Justice and Equity Commission and others have been working on the creation of a “juvenile treatment court” for around 18 months. This court would function similarly to problem solving courts for drugs and mental health issues, where defendants are connected to resources and services, often as a sort of enhanced probation, to lower chances of recidivism.
“[The juvenile treatment court] is going to focus in narrowly on those kids that the chief of police says, the 40 or 50 young men or women who are driving crime in Peoria,” Ierulli said.
Ierulli says the goal is to have the court operational by Jan. 2025.
In judicial elections, there is a resource that differs from other elected positions provided by the Illinois State Bar Association (ISBA). The ISBA Judicial Evaluations and Advisory Polls are a summary of anonymous surveys collected from attorneys, rating the candidate in areas like integrity, impartiality and legal ability.
Ierulli scores high on all counts and receives a “recommended” designation from the survey, while Spears scores high on all categories but legal ability and “meets requirements of the office” and receives a “not recommended.”
Ierulli does mention his recommended status as a positive, while Spears says he’s focusing on other areas of his campaign.
“I didn't give it a whole lot of thought, even after the records came out, because I didn't even fill one out myself,” Spears said. “So that's, that's what I think about it. I don't know anything about, you know, how they turned out that way, or where those numbers came from.”
The ISBA does say the survey results do not reflect the official opinion of the organization but the survey respondents themselves. Spears also received significantly fewer evaluations than Ierulli, at 48 to 146.
It remains to be seen what weight these results will have and how the two candidates’ experiences will sway voters at the ballot box.
The general election is Tuesday, Nov. 5, 2024.
