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Tuesday, December 12, 2006

Courts - More on: Illinois Judge Refused Post-Wreck DUI Test While Another Judge Ditched Beer

More on yesterday's entry, today Jim Suhr of the AP reports:

St. Clair County, Ill.'s chief judge has temporarily stepped down pending the outcome of charges against another judge who allegedly was driving drunk when the two were involved in a wreck that injured another motorist.

Chief Judge Jan Fiss was a passenger Dec. 3 in newly elected Circuit Judge Patrick Young's sport utility vehicle when it collided with a pickup truck as the judges were returning home from a St. Louis Rams game, police said.

Young, 58, was charged with driving under the influence after refusing a sobriety test. Fiss, who police say was seen dumping out an open beer and trying to hide a beer can after the wreck, was not charged.

On Friday, Fiss, 64, said in a written statement that he would step down temporarily as chief judge "so that the matter concerning the tickets issued on Dec. 3, 2006, is resolved without my participation."

Fiss did not return a message seeking additional comment, left Monday at his office.

St. Clair County judges will vote Wednesday on an interim chief judge, who then will appoint a special prosecutor in Young's DUI case. St. Clair County State's Attorney Robert Haida filed a request for the outside prosecutor Monday, calling it necessary because he has a murder case pending before both Fiss and Young.

"We have to do everything we can to protect the integrity of all of the cases involved," Haida told The Associated Press.

The report repeats what may have been the most notable part of yesterday's story: "Young's attorney, Clyde Kuehn, has said his client was "absolutely within his rights" to refuse field-sobriety and Breathalyzer tests, saying such mechanical tests have proven unreliable."

Related is this ILB entry from Dec. 7th quoting from and Indianapolis Star story that begins:

A Marion Superior Court judge accused of drunken driving this week likely will face a reprimand from the Supreme Court in the coming months but will not be taken off the bench.

Posted by Marcia Oddi on December 12, 2006 07:56 AM
Posted to Courts in general