Judge accused of making racist remarks recuses himself

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A Cook County judge voluntarily recused himself from a case on Thursday, citing publicity glare, after an attorney filed a motion to replace him alleging he made racist comments during a chamber conference earlier this year.

Lawyer Matthew Fakhoury filed a motion last week to replace Judge William Hooks from presiding over the case of a defendant accused of aggravated domestic assault, accusing the judge of making racist remarks about Middle Eastern men East, along with other disparaging comments, in January.

Hooks made a statement on the motion from the bench during a hearing on the matter, referring to an outpouring of media attention. He called the submission request harassing and defamatory and denied making those comments.

The case in question was an informal conference in chambers and was therefore not recorded and no transcript was produced.

Also on Thursday, Fakhoury filed an affidavit in court accusing Hooks of trying to cover up the alleged remarks by contacting, ex parte, the prosecutors handling the case. Judges are generally not allowed to speak to parties on one side of a case while those on the other side are unaware.

The Assistant States Attorneys provided Fakhoury with a disclosure of the reported ex parte communication, consistent with their obligations in such a situation, according to an attachment to the affidavit.

The defendant in the case, Ryan Thomas, was charged last June with four battery-related felony charges, and the case was assigned to the Hooks courtroom, according to court records.

On January 17, according to the motion, Hooks made several inappropriate and derogatory comments about Fakhoury and Thomas, including saying that Middle Eastern men are bossy and abusive.

Hooks referenced his service as a Marine and said, according to the motion, looking at Fakhoury who is Arab-American: I would shoot and kill men like that from Middle Eastern countries.

The conference took place in Hooks’ chambers, with Fakhourys’ co-counsel and his legal assistant as well as the assistant state’s attorney, the motion says. The Registrar, now a licensed attorney, filed an affidavit attesting to the allegation contained in the motion.

During Thursday’s hearing, Hooks denied making either statement.

Still, he decided to recuse himself, saying the defendant should have his case heard without the accompanying publicity of controversy.

This case does not concern me. It’s not about the defense attorney, Hooks said. The case concerns the defendant charged with the offence.

Fakhoury objected, saying he wanted a hearing before Cook County Judge Reddick on the merits of his motion.

Hooks noted the defense doesn’t have the power to make that happen. The case is scheduled before Reddick for reassignment Friday morning.

In an affidavit filed Thursday, Fakhoury also alleged that Hooks had inappropriate contact with two assistant prosecutors regarding the case.

This communication or attempted communication by Judge Hooks is not only unprofessional, unethical and illegal, but can reach the level of interference and witness tampering, according to the affidavit.

It included as an exhibit a notification from the assistant states attorneys regarding Hooks’ appeals.

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On Monday, according to the notification, Hooks called and left a message for Assistant District Attorney Maurice Alayo saying he had not returned. Hooks also left a message for Assistant States Attorney Ellen Carroll, who called back.

During that phone call, Judge Hooks asked ASA Carroll if she remembered a 402 conference for a domestic violence case that arose last year, according to the notification. Judge Hooks said the attorney filed a motion for SOJ alleging he said something discriminatory about Arab men. Judge Hooks asked if she remembered the conference.

Carroll said she did not remember what was said and should check the record, according to the notification. Carroll was uncomfortable and didn’t know how to react.

On Wednesday, while Alayo was packing files, Hooks asked to speak to her in the room.

Judge Hooks said: Maurice, I just wanted to say about this whole situation, I hope you know I did not threaten to kill this man, the notification read.

Alayo told the judge he was instructed not to tell anyone about the case.

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