"It appears that the rules of criminal conduct do not extend to attorneys during an election year"
JOHNSON CO., Ill. - A resident of Anna in Johnson County has done her research, and has supplied us with a stunning situation brewing in the First Judicial Circuit that covers deep downstate and southwestern Illinois.
We'll let Lorraine Karraker tell you all about it in her letter to media and all other interested parties, as provided below, and we'll give links to the supporting documents - a copious number of them - to show that she knows whereof she speaks. The first presentation is a letter sent to David Conrad at the left-leaning Southern Illinoisan, headquartered in Carbondale (which explains a lot), following an article that appeared in the publication on March 15 regarding the election of judges and how "important" it was. The presentation after that is another letter Karraker penned to you, the voters of the First Judicial Circuit.
Disclosure is not supporting nor decrying any candidate this year; this material is simply being provided so that you can read the facts and decide for yourself regarding the situation. We will note, however, that this is the state of things in Illinois, because as we know too well: When a person is caught dead to rights violating the law - ANY law - but they have some kind of "standing" in the eyes of the authorities, no one should be surprised when NOTHING is done about the violation of the law. We have two sets of laws in this state, and, it appears, the entire country: One set for the connected, and one set for those who aren't. And several people are getting flat sick of that and are taking action to stop it in whatever way they can.
Here's Lorraine's first letter.
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Does ones ethics, integrity, professionalism and honesty have a statute of limitations? An expiration date?
Dear Mr. Conrad;
I was indeed impressed with your view and summation of your March 8, 2018 article on resolving DACA. Your credentials and past accomplishments were impressive to me and I valued your opinion and agreed with your conclusions. It was insightful and your opinion, respected. Quite frankly. It was the only reason I felt compelled to read your opinion on the election of local judges issue in The Southern.
In your article published on March 15, 2018, "Examining the elections of local judge," I felt it was important to provide additional insight on this topic. It is unfortunate that articles published by individuals like yourself can affect the public's perception of those seeking election for public office. Your opinion, as you had already gained my respect, would lead me to take your conclusions and agree with your summation, if I didn't know better.
Illinois State Bar Association? How many petitions were sent out and how many were returned? Just a legitimate question. Judged by your peers, anonymously of course, with only minimal data to qualify it. Well, that on its face would not be enough to give it much weight when deciding on such a powerful and most probably a lifetime appointment as Judge. However, if someone whom I respected and shared a previous opinion on, maybe. It would have been a mistake. Endorsing candidates without a full understanding of their ethics would seem to me to be doing the voters and readers of the newspaper printing the endorsement a disservice. ISBA is an organization that one joins. If you are not a member, does your opinion not count? How about the opinions of the clients that the particular attorney has represented? Does the opinion of those in an adversarial role carry more weight? Personally, I don't care what the Illinois State Bar Association has to say about the quality of attorneys in Southern Illinois via an anonymous questionnaire answered by attorneys in direct competition with each other.
I have personal knowledge of a particular candidate for judge, which you, the general public nor the ISBA have. It is about Union County State's Attorney Tyler R. Edmonds. Mr. Edmonds filed as a qualified primary candidate for the Democrat party for Union County State's Attorney for the election held in 2008. He, Tyler R. Edmonds, voted Republican most of his adult life. In the 2008 primary, I challenged his ability to vote. He tried to vote twice, and was not allowed to do so, both times. In truth, he was not a "qualified primary candidate" for the Democrat party nor the Republican party. You would have to vote in the primary to affiliate oneself to a particular political party. He could not. His Statement of Candidacy indicates "to be voted upon at the primary election to be held on February 5, 2007." The document was signed on November 3, 2007, filed on November 5, 2007. Should have been February 5, 2008. He was not qualified to vote due to Mr. Edmonds not being a registered voter in his place of residence listed on his Statement of Candidacy. It is one of those crazy rules that most others are held accountable to, or be in violation of, the election laws of the State of Illinois.
His nominating petitions list his address as 5100 W 96th Street, Apt. 420, Oak Lawn, IL. He was not a registered voter therein. As an attorney, Mr. Edmonds signed and affirmed under oath to be one. Case law supports he committed perjury to run for the office of Union County Democrat State's Attorney on his Statement of Candidacy. It is a Class 3 felony. I have attached several documents to illustrate this. One would think that upon learning he could not vote and in fact was potentially committing a crime by continuing with his political endeavor, (by affirming under oath) Mr. Edmonds would have had pause. He did not. He was going to see if he could "get away" with it. He did. No one should be above the law. The election law is very clear as to the qualifications one is required to have. It took more than five days to acquire a letter confirming he was not a registered voter in Cook County.
I brought this to the attention of Union County State's Attorney, Allen James. Union County Clerk Bobby Toler Jr., Steve Sturm of the Illinois State Board of Elections, Steve Plazibat, Criminal Prosecution of the Illinois Attorney General's Office, Dan White, Executive Director of the Illinois State Board of Elections Division of Investigations and Stephen E. Norris, Deputy Director, cc: Charles Zalar and Norbert Goetten of the Illinois State's Attorney Appellate Prosecutor's Office. I have attached copies of letter and supportive documentation to illustrate my efforts.
This was almost 10 years ago. I realize now that I should have kept trying. I didn't, I let it go. Steve Sturm and the Illinois State Board of Elections seem to think the expiration date of a person's ethics is five days. Union County State's Attorney Allen James didn't have anyone local "willing" (key word) to investigate the matter. His sentiments in his letter to me sums it up: "Your well taken concerns appear to be at a standstill."
Mr. Edmonds was well aware of what he had done and should have known what the law was. Ignorance of the law has never been an accepted defense. Those individuals listed above were all attorneys (except Mr. Toler) who knew what the law was but chose to let it slide. "Conscience of Guilt" in re: Himmel meant nothing to these men. It is just another rule selectively followed. State's Attorney is the highest law enforcement officer who has prosecutorial powers over those committing acts that are unlawful. Ironic it appears he got his position by doing just that. Who polices the candidate who runs for State's Attorney? Who polices the candidate who runs for Judge?
The Illinois Attorney Registration and Disciplinary Commission governs the actions of attorneys. He executed the Statement of Candidacy prior to his being elected to public office. Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation to be placed on the ballot for the office of Union County State's Attorney for the Democrat party reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer. Conduct including committing the offense of perjury, in violation of 720 ILCS 5/32-2 is in violation of the Rules of the Illinois Rules of Professional Conduct.
How many individuals' lives were forever changed or destroyed from his inexperience? I can name one: Sacha Brown. Look her up on the internet. Acquitted on Directed Verdict. Tragedy.
It is interesting to note that the same agency I informed of my concerns as to his ability to run as a lawful candidate, the State's Attorney Appellate Prosecutor's Office, was co-counsel to the case mentioned above. Edwin Parkinson was his co-counsel. I should not have let it go. I have untold guilt for that. George Santanyana said it best, "Those who cannot remember the past are condemned to repeat it." I remember the frustration of trying to get those in authority to do the right thing, the lawful thing, I will not condemn myself to repeat that. I think the voters should have the knowledge and make an informed decision. I would hate to think that Mr. Edmonds, in his thirst for political power, would be a sitting judge. I believe his past ethics and honesty will shape his current and future ethics. Judges in the First and Second Judicial Circuits, Honorable Judge William Thurston, Judge Mark Clarke, Judge Ron Eckiss, Judge Todd Lambert, Judge Kimberly Dahlen and Judge David Overstreet to name just a few are considered ethical and have the highest respect for the Rule of Law. Current and past individuals affected by his brand of Ethics, Integrity, Professionalism and Honesty deserve better. The judiciary deserves better. The public deserves better.
This is my opinion, and I base it on facts, verified documentation and personal knowledge. Women who are victims of domestic abuse and physical assault and children who are victims of physical and psychological abuse deserve better. No favors to friends/family or political contributors/officeholders should even be a question.
The us of a "Special Prosecutor" in cases he claims a conflict of interest in would be most telling if those were all made available to the public.
You stated that in an ideal world, judges should be nonpolitical, and they should not be beholden to political parties or major contributors. State Board Elections website reflects what and who his contributors are. If one would take your words at face value, you would expect it to have been researched.
I have attached several documents and case law to verify the truth of my stance. It is not defamation nor slander. It is the facts. Verifiable facts. The public can decide for themselves while in the voting booth. I felt as an educator, you would appreciate the documentation and effort expended.
While I disagreed with your opinion, I read yours and hope you take the time to read mine. Do you still feel this individual has the ethical and moral character to sit as a Judge in judgment of others and decide their fate and apply the "Rule of Law"? I do not. He first should apply it to himself.
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Here's the letter to the voters from Ms. Karraker, dated September 15, 2018 (which is important to note, as you'll see):
Dear Voter
The information contained in this packed was sent in direct response to Mr. Edmonds' website using the letter of David Conrad as an endorsement of his Candidacy for Judge.
The letter attached was sent to The Southern Illinoisan in response to the March 15, 2018, It is my opinion and upon reviewing the documentation, I hope you can appreciate why I felt compelled to distribute this. I have sent this to individuals/newspapers/television agencies or businesses in all counties affected by Tyler Edmonds' candidacy for the at-large position in the First Judicial Circuit. I have sent it to all registered precinct committeemen/women in each county of both political parties. This is not a party decision, this is a multi-county decision. This is a First Judicial Circuit decision. I have signed and acknowledged all the material and included my email. I am one person who happens to have information that could be used by voters to make an informed decision when going into the voting booth this November.
Upon learning that Tyler Edmonds is utilizing this same letter/endorsement, I felt moved to send it directly by email to the Southern Illinoisan with a request to forward to David Conrad. No response of any kind. In my letter of response to David Conrad, I asked him "Who polices the candidate who runs for State's Attorney? Who polices the candidate who runs for judge? The voter needs accurate and verifiable information to make and educated decision at the polls. I am not sure what David Conrad's qualifications are, but I do know what my supportive documentation shows. In the end, an informed voter will be the best judge.
The attached documentation is to verify and support any statements that I made in the letter to David Conrad. I have sent this packet to give a better understanding of what Mr. Edmonds is/was/will be as a candidate for judge in my opinion. Reality check!! This position is usually a lifelong appointment. Voting him out of office is not an option.
The confirmation hearings of Bree Kavanaugh, the Supreme Court nomination, address false and misleading statements made by Kavanaugh 10 years ago. He is being called out and made to answer for those. If it is unfounded, he will be vindicated. So should Mr. Edmonds. While Mr. Edmonds is not a Supreme Court Judge candidate, he is a Circuit Court Judge candidate. He will decide over cases (both Civil and Criminal) in nine (9) Southern Illinois Counties and will be required to apply the Rule of Law. The residents of those counties should be able to apply those same Rules of Law to him. Most are familiar with the saying "Don't do as I do, do as I say." Unacceptable. He should be held accountable as each and every one of us will be for our actions in violation of those rules.
When Tyler Edmonds decided to start his political career in 2007, he filed out and signed his Statement of Candidacy and it was notarized by Bobby G. Myers, Union County Treasurer. I am assuming he read it. In signing, he swore to and affirmed that he was a qualified voter therein and was a qualified Primary voter of the Democrat Party. This is a mandatory requirement to qualify to run for the office of State's Attorney. It was discovered he was not a registered voter of 5100 W. 96th Street Apt. 420, Oak Lawn, Illinois 60453-3880. He established this residence on his Statement of Candidacy and his General Primary Petitions.
These also were notarized by Bobby G. Myers. A FOIA request was sent on August 14, 2008, to David Orr, Cook County Clerk, and addressed Tyler Edmonds' voting status at this address. A Letter in response to the FOIA was received on August 25, 2008, from Cook County Clerk David Orr. It states, "We searched our voter registration roles (sic) in suburban Cook County, for a registration record and voting history for Mr. Tyler R. Edmonds. We found no record of his registration." He therefore was not a qualified voter therein and was not a qualified Primary voter of the Democrat Party or any other party.
In essence, he was not qualified nor did he meet the requirements to run for political office. It was a false and misleading statement. These are mandatory requirements of the Election Code. Tyler Edmonds' failure to comply with this provision renders the Statement of Candidacy illegal and void. The oath required by 10-5 of the Election Code activates the perjury provisions of the Code and is for that reason mandatory. The Rule of Law. What should he have done?
Well, he tried to vote in Union County. I challenged his right to vote in Union County based on the information on his filed Statement of Candidacy and General Primary Petitions. He was unable to vote in the Union County Primary. Bobby Toler, who was Union County Clerk at the time, would have explained why and at that time, Mr. Edmonds was well aware of his dilemma. He is an attorney. He knew he had committed perjury. He was aware in February 2008 that his Statement of Candidacy was incorrect and defective of the mandatory requirements for him to run for State's Attorney as stated in case law and the Illinois Election Laws. The highest law enforcement officer for the County. What should he have done at that point?
Well, he continued with his run for election. Despite the face he was not qualified, was unable to affiliate himself with a party and unable to vote in his own primary election, he just continued on for his bid for Union County State's Attorney.
I guess the Illinois Election Laws do not apply to him. If his failure to comply with the mandatory provisions set forth in the Election Code and if it would have rendered his Statement of Candidacy illegal and void, what would happen to all the cases he had filed, tried and dismissed during his four-year term as Union County State's Attorney 2008-2012? The decisions the Union County Board of Commissioners made based on his position as "legal counsel to the county," would they also be illegal and void?
Tyler Edmonds is a candidate for Circuit Judge. This is not a typical elected position. They never have to be elected again. You can't vote them out. you can vote to not retain, but that is just a waste of ink.
I have included information to illustrate my position. It is true and verifiable. I think having honest and ethical judges elected to the bench is important. Endorsements should be looked at and fact-checked. I think it is interesting that one of his endorsements on his web page is the Fraternal Order of Police. Chris Southwood, FOP State Lodge President, states Tyler Edmonds "understands Law Enforcement" and "he has a unique understanding of what it takes to enforce the law." Ironic.
I took the time to include the documentation and correspondence for your ease of review. It is disgusting that individuals in 2008 were more worried about their jobs as elected officials up for reelection than doing the job they were elected to do. Apply the Law. This election cycle is so very important to put quality people in these positions. Ethical Judges. Judges with Integrity. Judges that will follow the Rule of Law.
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The following is a list of Karraker's exhibits; hit the hotlink on each to view:
Timeline of events (here)
Statement of Candidacy~Edmonds (here)
Primary petition 2008 (here)
Special Prosecutor letter to Union County SA (here)
Letter to Cook County Clerk (here)
Edmonds' voter history (here)
2008 inquiry material~LENGTHY (here)
Bittle v McSparin (here)