2004 Year in Review

Interview with Judge John Hauptman

During the political campaign period thecity1.com has invited state and national political incumbents and their challengers to our offices in Morrison for a question and answer session. We offer a few written questions in advance, which are responded in writing by the candidates and the interviews are unscripted with questions from thecity1.com.

TC1 written question 1.) Please give our viewers online a description of how long you have lived in the area, what vocations you have experienced and family and children.

Judge Hauptman written answer: My wife, Deborah and I have lived in Morrison since 1979. I graduated from The John Marshall Law School in June of 1978 and was admitted to the bar in November of that same year. Beginning my legal career as an Assistant State’s Attorney in Whiteside County, I prosecuted all classes of crimes including traffic, misdemeanor and felony cases. In 1984, I entered into private practice in Morrison with Willard Nelson, Walter Kilgus and Lon Richey, and in 1987 I became a partner in the law firm of Nelson, Kilgus, Richey & Hauptman. For better than twelve years I represented individuals in both civil and criminal lawsuits. The circuit judges of the 14th Judicial Circuit appointed me an Associate Circuit Judge in March of 1997 and since that time I have presided over cases in Rock Island, Henry and Whiteside counties. My wife is a first grade teacher in the Morrison Unit 6 School District. We have two adult children; Elizabeth of Woodbury, Minnesota and Katherine of Chicago, Illinois.

TC1 written question 2.) Can you describe for some of our viewers who are unfamiliar with the judicial system in Whiteside County, what is the 14th circuit court, where is the office/courtroom, what types of cases would you work on and whom would you work for?

Judge Hauptman written answer: The judicial system in Illinois is divided into circuits. Whiteside County is in the 14th Judicial Circuit, which is comprised of Rock Island, Henry, Mercer and Whiteside counties. Every county has a county seat in which the circuit court sits. Morrison is the county seat of Whiteside County, but there is a branch court that sits in Sterling as well. The circuit court is what is known as a court of original jurisdiction. This is the court in which a controversy, whether it is civil or criminal is originally filed, considered and decided. Therefore, a circuit judge presides over all civil and criminal lawsuits at the trial level. Having been elected by the voters in the county in which he or she sits; a circuit judge serves the citizens of that county by providing a fair and efficient system of justice.

TC1 written question 3.) Is it reasonable for a Morrison, Illinois resident to believe they can make a difference with their vote?

Judge Hauptman written answer: There are approximately 38,000 registered voters in Whiteside County, which has a population of about 65,000 people. In this particular election, the residents of this county select the Circuit Judge. As a result, every one of those votes is important in determining who will be the next Circuit Court Judge. It is certainly reasonable to believe that a person’s vote can make a difference, and I would hope that every citizen would cast their vote for the candidate of their choice.

TC1 written question 4.) You have already been working as an Associate Judge. Please name the top two (2) most difficult parts of the job and how you have been learning from them.

Judge Hauptman written answer: An Associate Judge in the 14th Judicial Circuit has traditionally been assigned small claims cases as well as traffic and misdemeanor matters. These are usually high volume calls. For most people, this occasion may be the one and only time they appear in court in their lifetimes. They often appear with certain expectations that are not always met and, and as a result, they can become very frustrated.

Accordingly, I endeavor to be patient with all litigants in my courtroom and take the time to explain to them the nature of the proceedings and what is transpiring that day. I remind myself that people are often nervous about being in court and uncertain about the outcome of their case. In fact, to help remind me, I carry a stone engraved with the word “PATIENCE” on the bench with me every day.

Second, it is imperative that a judge has good listening skills. I have always considered myself to be a good listener, but there is always room for improvement. As I progress through my years on the bench, I am constantly aware of the importance of this aspect of judging and remind myself to carefully listen to both sides of an issue.

TC1 written question 5.) Voters have a difficulty in how to cast their vote for judicial positions. Please tell our online viewers why you are asking them to vote for you and if elected how can you demonstrate ongoing confidence to those voters that you are the right choice?

Judge Hauptman written answer: I believe that I am the best candidate for Circuit Judge because of my experience. I have been involved in the legal profession for twenty-five years as a lawyer for the government and private individuals. I have prosecuted and defended individuals charged with traffic, misdemeanor and felony offenses. I have represented the interests of the county, municipalities, and citizens in civil matters and disputes both in and out of court. Over the past seven years, I have presided over and decided those same kinds of cases as an Associate Judge. I believe that my experience on both sides of the counsel table as well as both sides of the bench make me uniquely qualified to be the next Circuit Court Judge in Whiteside County.

Apparently, the lawyers who appear before me also believe I am the best candidate. The Illinois Bar Association conducts a poll in which attorneys with knowledge of the candidate are asked whether he meets the requirements of the office and to rate him for his integrity, impartiality, legal ability, temperament, court management, health and sensitivity. I received a 95.8 % approval rating, while my opponent received a 59.26 % rating.

My experiences over the last twenty-five years have reaffirmed a very simple philosophy that I believe is imperative for use on the bench. First, treat everyone who comes into my courtroom with the respect they deserve. Second, carefully and impartially consider the facts presented by those litigants. Third, fairly decide, based upon a proper application of the law, the controversies presented by those facts.

TC1 interview question: During the course of a jury trial, there must be several areas the judge is monitoring including behavior of the prosecution as well as the defendant and the jury. How can you be effective in your courtroom administering the proceedings ans still listen carefully to the arguments presented?

Judge Hauptman Response: the courtroom is my room. I am in charge. Certain things need to be accomplished and it occurs in stages beginning with jury selection. I carefully esplain the process to the prospective jurors and tell them what their job is followed by jury selection. The opposing attorneys have their opening statements, and the preceedings begin. It is very important the jury understands the law and all of the stages that must be adhered to.

TC1 interview question: What factors or events may influence a judge’s decision on determining the length of a sentence where a guilty verdict is brought?

Judge Hauptman Response: The facts of a case, how serious the offense is and the person’s prior criminal record. I have very few policies and allow the facts to guide my judgment. That said I do consider if a person has shown willingness or attempted to better themselves and then that may be a factor.

TC1 interview question: Can you describe if you have ever made any judgments based on your own moral standing?

Judge Hauptman Response: I remain impartial in all my decision-making and follow the letter of the law. I listen patiently to all of the evidence presented, and never allow personal views enter into my decisions.

TC1 interview question: Do you believe a judge can influence future behavior on a person found guilty by issuing a less severe sentence?

Judge Hauptman Response: I like to think so. Many of the cases I see in my courtroom are first time offenders, primarily more minor violations and I have told people the are being given a lesser sentence and I am giving them an opportunity.

TC1 interview question: How can you fairly judge a person who is a repeat offender?

Judge Hauptman Response: I will always listen carefully and be patient to understand because it is a new case.

TC1 interview question: Do judges have continuing education courses?

Judge Hauptman Response: Yes, every 2 years in Illinois we have judges workshops in Chicago which are mandatory, however, we can choose specific topics. TC1 interview question: What can you offer if elected versus your opponent Tom Senneff?

Judge Hauptman Response: I have more experience, 25 years in the legal profession working on both the prosecution side and the defense, which I believe gives me a unique perspective as a judge.

TC1 interview question: How do you learn of new Illinois laws?

Judge Hauptman Response: Judges are updated monthly form Springfield and the Illinois Judges association gives timely updates.

TC1 interview question: Are judges allowed to have an opinion on the death penalty in Illinois, and if so what is your stand?

Judge Hauptman Response: Just to be clear, a judge in a capital crime case does not seek a death penalty, is the prosecuting attorney. Also it is important to remember previous Governor Ryan stopped death row inmate executions, but that did not stop further death penalty sentences. I lean to being impartial on this issue however, I am confident should a case occur I would make all the right decisions based on the facts.

Closing Remarks: thank you for inviting me today and I would like to say I have enjoyed meeting and talking to many people in this district, during the course of my campaign. There is a lot of responsibility with the Circuit Court Judge position and I think my experience will guide me to carry out my duties to the voters’ approval. I have been already working as an Associate Judge and I really like the profession and my peers must think I do a pretty good job with an approval rating of over 95%. I think I have a lot to offer on the circuit bench. Thank You.

Interview was conducted at thecity1.com offices at 230 E. Main St. on September 24, 2004. Interviewers were Bob Vaughn and Larry Gatz.

by  Editor, theCity1.com
October 4, 2004