The Hon. Sheryl A. Pethers has learned some tough lessons in the last six years, including that sometimes justice and fairness are hard to reconcile, like when defendants face eviction because they cannot pay rent. However, on the upside, Pethers has also watched LGBT judges multiply in number, organize themselves and begin to educate their peers.
In 2004, Pethers won a seat on Cook County's 8th Judicial Subcircuit by just 53 votes ( out of 40,000 ) , making her the first elected out lesbian judge in Illinois history.
Now seasoned and settled in her job, Pethers is up for retention this year. Pethers talked with Windy City Times about why she wants to keep that job and the challenges it presents.
Windy City Times: What has changed in the last six years?
Sheryl Pethers: We now have about 15 LGBT judges on the bench in Cook County, and we have formed an association called the Alliance of Illinois Judges. It's wonderful that we're becoming presence. I mean, there are more than 400 judges in Cook County but at least we have 15, and we have a group. We're very visible.
WCT: Is it a tough time to be up for retention?
Sheryl Pethers: Definitely, it is. A lot of my fellow judges say "Oh, don't worry. No judge has lost a retention race in 25 years." Others say 40 [ years ] . I don't know when it was when a judge last lost a retention race in Cook County, but this year does seem to be a little different. There's a lot of anti-incumbent sentiment out there just in general. I feel very fortunate to have very good bar-association ratings because people may need them this year.
WCT: Now, that's something I wanted to ask you about. When I go to vote, I do my homework, but I honestly don't know which judges to vote for. Do people know what they're voting for when they vote for judges?
Sheryl Pethers: I don't know if they do or not. It's just not as easy because particularly the retention judges don't do a lot of individual advertising or anything. It's just too expensive, and part of it is just a little unseemly. It's just strange. It's like you're not supposed to be political and yet we have to keep our jobs and run on a partisan ballot. But I think if people want to find out information about judges they can.
WCT: What are you hoping you to accomplish this second time around?
Sheryl Pethers: I don't have any goals that are different now from those that I had in the first place, which were just to be the best judge that I can, to know the law, to be fair, respectful, to work hard, and to try to help people resolve their disputes.
WCT: What do you think you've learned in the last six years?
Sheryl Pethers: I've learned that many of the legal problems people are facing stem from economic circumstances. For instance, I spent three years in eviction court. The law doesn't really have an answer for people not having enough money to afford a place to live. It's hard to try to resolve that issue. It becomes almost black and white: can you pay your rent or not? And the law says if you can't pay your rent, you're out of there. And that's very frustrating. And that I've learned.
WCT: Some LGBT organizers have stated that the legal system is homophobic. What do you think of that?
Sheryl Pethers: I don't think the justice system is homophobic. Parts of our society, as a whole, are homophobic. But I actually think the law itself is less homophobic than other parts of society.
WCT: That's interesting.
Sheryl Pethers: Yeah. Well, we have a lot of support from straight judges because they understand and respect the law, and they know that the law is about justice and fairness and equality. There isn't really room in the law for homophobia or any other sort of discrimination against a particular group of people.
WCT: Some of your reviews online call you detail-oriented, compassionate towards marginalized people, and… moody. Would you like to respond to any of those?
Sheryl Pethers: Well, I am detail-oriented. What was the other thing?
WCT: Compassionate towards marginalized groups.
Sheryl Pethers: Well, I think those are true. I don't know about the moody. I think there was one group that I said I need to work on my temperament, and I thought, "I don't know." I think I'm rather plain-spoken and maybe some people get me in a bad mood. I don't know. [ Laughs ] Maybe I'm not touchy-feely enough, I'm not sure. I don't think that's my job though.
WCT: It sounds like a tough job.
Sheryl Pethers: Yeah … well, it's not, really. It's just that there's a learning curve there in beginning…. I'm amazed that it's been six years. I guess time really does fly when you're having a good time. I really enjoy my job. I'd like to keep it.
