Chicago/ Crime & Emergencies
AI Assisted Icon
Published on June 13, 2024
Lawyer Handcuffed in Cook County Courtroom Sparks Inquiry, Judge's Conduct QuestionedSource: Cook County Government

Tensions in a Cook County courtroom escalated to an unusual level last month when attorney Brad Schneiderman was handcuffed to a chair following an order by Judge Kathy Flanagan to have him removed. As reported by the Chicago Tribune, the incident occurred on May 7 during a civil case hearing at the Daley Center, leading to an inquiry by the Judicial Inquiry Board after a referral from Cook County Chief Judge Timothy Evans.

The confrontation began when Judge Flanagan, acting presiding judge of the Law Division, commanded Schneiderman to "stop talking" and "step back," at which point he started "turning back toward the bench" and addressed the judge again. This prompted Flanagan to exclaim, "That's it, take him!" which was interpreted by a deputy as an order to take Schneiderman into custody, thus culminating in him being handcuffed to a chair in the hallway. Flanagan later claimed she did not want Schneiderman handcuffed, but merely removed from the courtroom for a "time out", according to statements she made to the Chief Judge's executive committee.

The Chicago Sun-Times detailed Schneiderman's account of the events, where he stated that the judge ruled on a motion without allowing him to respond on behalf of his client. "Instead, the court asked me if I had reached any type of agreement with the plaintiff's counsel," said Schneiderman. "I said I had not. The court then simply granted the plaintiff's motion without any presentation of the actual merits of the motion."

Though Flanagan defended her actions as in line with de-escalation training for heated courtroom situations, some individuals familiar with the case believe ordering Schneiderman held in custody without a contempt finding was tantamount to unlawfully detaining him, as per the Chicago Sun-Times. Furthermore, the fact that an attorney was not allowed to be heard on a motion in their case has added to concerns over judicial temperament—something Flanagan has been previously criticized for. In a 2012 evaluation, the Chicago Council of Lawyers called her "not qualified," citing "hostile," "imperious," and "rude" behavior, though Flanagan has defended her strictness as necessary for timely proceedings.