Judge James Shapiro—one of two judges in this highly competitive race—is an adjunct professor and a former federal prosecutor. Shapiro talked about his qualifications, legal issues affecting the gay community and a controversy regarding his term on a judicial review committee.
Windy City Times: Why are you running for this particular seat?
James Shapiro: I'm a judge because I was appointed to the seat as an interim vacancy; the vacancy opened up when Nancy Drew Sheehan retired last summer. I was appointed by the Illinois Supreme Court to fill the vacancy with an understanding and expectation that I would run in the Feb. 5 primary to keep it. Otherwise, my term would run out this December.
Then, if I win, my term would last for six years; then, I would have to run for retention, where I would have to get 60 percent of the 'yes' votes for another six-year term.
WCT: So what qualifications separate you from [ your opponents ] ?
JS: I have more diverse experience and more legal experience. None of them have been Assistant U.S. Attorneys; none of them have both federal and state criminal defense work; none of them have done both prosecution and defense in employment discrimination, personal injury and criminal law. I went to a top law school and published law review articles. I think my background is pretty unique relative to my opponents.
WCT: What do you feel is your biggest disadvantage in this race?
JS: [ Pauses. ] I suppose it's that there are so many opponents, the vote is going to be split up so many ways. Also, the judicial races are way below the radar screen; we have to rely on public-interest news divisions like Windy City Times. I'm in the second-to-last race on the ballot, after all the county races and just before ward committeemen. It's hard to get any attention, especially in the press.
WCT: What do you feel are the biggest legal issues affecting the gay and lesbian community?
JS: Equal marriage is one. Employment discrimination is still a big issue; I know that from my own practice. For me, personally, equal marriage is the most significant issue, although federally, we need to pass ENDA [ the Employment Non-Discrimination Act ] . Equal marriage is not just a symbolic issue; I [ recently ] spoke with a [ same-sex ] couple that was married in Massachusetts, but their marriage is not recognized in Illinois because of this odious marriage exemption act. I sit in marriage court once a month, and my biggest aspiration is to marry a gay couple.
WCT: Do you tend to interpret the law strictly or liberally?
JS: Definitely liberally; I'm not a strict constructionist. My original campaign motto is very unwieldy but it comes to mind: 'The law is various shades of gray. Rarely is the law a black-and-white issue.' When the law is clear, I do follow it—but the law often gives judges discretion, and I interpret the law quite liberally.
WCT: Could you talk about this controversy that occurred when you served on the judicial review committee of IVI-IPO [ Independent Voters of Illinois-Independent Precinct Organization ] ?
JS: I was happy when I saw that on Leyhane.blogspot.com . It's a controversy I still stand by. I'm a First Amendment guy and there's a conflict between Illinois Supreme Court Canon 67—which states that judges shouldn't commit or appear to commit themselves on issues of the day—with the First Amendment to the U.S. Constitution, which the Supreme Court has clearly interpreted to allow judicial candidates in elected races to 'announce their positions' on disputed hot-button issues of the day. I choose the First Amendment over Canon 67.
[ Regarding what happened, ] the legal establishment was pretty disappointed with the U.S. Supreme Court decision in Republican Party of Minnesota v. White in 2002; they wished it had come down the other way, and allowed states to put gag rules on judicial candidates in elective office. [ Ed. note: Shapiro had drafted a questionnaire that allegedly asked judicial candidates, among other things, their stances on same-sex marriage, abortion and the death penalty. ] I followed the law of the land, and it was me and IVI-IPO against [ former Illinois Judicial Inquiry Board chair ] Bob Cummins and the entire establishment, and we won that battle. We kept our questionnaire and modified it a little.
That's why I'm the 'unique' in the race, in being the only candidate, to my knowledge, to announce my position as pro-gay rights and pro-choice.
WCT: Is politics what you thought it would be?
JS: [ Laughs. ] Oh, boy. I think it is. I think my biggest issue is that I don't judges should be up for election; I'm also for merit selection. The problem is that we elect judges rather than select them on merit. If you're going to elect judges, voters have the right to know what [ the candidates' ] views are on the hot-button issues of the day. Voters know that [ candidates' ] personal positions on issues like choice and gay marriage often counsel their rulings with respect to the law.
WCT: Was there anything else you wanted to say?
JS: I think I'm pretty unique among all the candidates in my race. ... I think I got the Chicago Federation of Labor's endorsement because I was willing to speak out on my pro-labor views. I know I got the Personal PAC endorsement [ because ] I'm willing to speak out on my views about choice. And I think I got the endorsements of the American Democrats for Action, [ IVI-IPO ] , Studs Terkel, U.S. Rep. Danny Davis [ and many others ] because I am willing to speak out on their issues.
See www.JudgeShapiro.org for more info.
