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    The Fifth Judicial Circuit of Illinois
    The Fifth Judicial Circuit of Illinois
    The Fifth Judicial Circuit of Illinois
    Ebook97 pages45 minutes

    The Fifth Judicial Circuit of Illinois

    By James R. Glenn

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    About this ebook

    Trace the history of Illinois and its legal systemspecifically the Fifth Judicial Circuitwith this historical account written by one of the circuits judges.

    The circuit was created in 1897 and consists of Clark, Coles, Cumberland, Edgar, and Vermilion Counties. Its judges have sorted through complicated legal questions, and theyve also done quite a bit of maneuvering in seeking office.

    In this scholarly account, youll discover details of the Fifth Judicial Circuit of Illinois since statehood, a list of the judges and states attorneys who have worked in the court, and highlights from various elections that brought notable judges to office.

    Youll also learn about the achievements of various judges who went on to serve in the United States Senate, House of Representatives, Supreme Court, Court of Appeals, and District Court. Others proved their mettle in the Illinois Supreme and Appellate Court and as Governor of the State of Illinois. A few were notorious for their misdeeds, including the former states attorney who shot and killed his successor.

    Whether you are a lawyer, judge, student, or history buff, youll be fascinated by the stories, facts, and insights in The Fifth Judicial Circuit of Illinois.
    LanguageEnglish
    PublisherTrafford Publishing
    Release dateFeb 24, 2011
    ISBN9781426952005
    The Fifth Judicial Circuit of Illinois
    Author

    James R. Glenn

    James R. Glenn graduated in 1982 from the University of Illinois, where he studied political science and history. He is a circuit judge in the Fifth Judicial Circuit of Illinois, having been elected in 1998; he was the circuit’s chief judge from 2003 to 2007. He lives in Mattoon, Illinois.

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      Book preview

      The Fifth Judicial Circuit of Illinois - James R. Glenn

      Contents

      I

      EARLY YEARS

      II

      FIFTH CIRCUIT

      III

      ASSOCIATE JUDGES

      IV

      ADMINISTRATION

      ABOUT THE AUTHOR

      I

      EARLY YEARS

      missing image file

      Illinois became a state on December 3, 1818. It consisted of fifteen counties, including Crawford, which comprised all of the area north of Edwards County and east of Bond County.[1] Clark County assumed much of that immense area upon its creation on March 22, 1819,[2] as did Edgar County, when it was created on January 3, 1823.[3] Vermilion County separated from Edgar County on January 18, 1826.[4] On December 25, 1830, Coles County, which included within its borders present day Cumberland and Douglas Counties, was created from the western portions of Clark and Edgar Counties.[5] Cumberland County was established on March 2, 1843.[6]

      missing image file

      The constitution of the new state provided for a supreme court of four justices, appointed by the General Assembly. Although the Supreme Court had appellate jurisdiction in most cases, its justices were required to individually ride the various circuits.[7] The first term of the local Circuit Court convened on September 20, 1819 in Aurora, the first county seat of Clark County, located approximately two miles north of Darwin. Supreme Court Justice Thomas C. Browne presided. Shortly thereafter, Supreme Court Justice William Wilson began appearing in Clark County,[8] which was initially part of the Second Judicial District.[9] Wilson, who was only twenty-five years of age when appointed,[10] served on the Supreme Court from 1819 to 1848.[11] His time in Clark County was not spent entirely in Aurora. The seat of the county’s government moved to Darwin on January 21, 1823 and then to Marshall in 1838.[12]

      On December 29, 1824, Illinois was divided into five circuits, the judges of which were elected by the General Assembly and commissioned on January 19, 1825.[13] Clark and Edgar Counties became part of the Fifth Circuit,[14] with James O. Wattles holding office as the first circuit judge.[15] Vermilion County became part of that circuit upon its creation.[16] However, on January 12, 1827, the circuit judges were legislated out of existence and the Supreme Court justices were again required to hold court in the circuits.[17] Clark, Edgar, and Vermilion Counties were placed in the Fourth Circuit.[18]

      The state legislature had provided on March 23, 1819 that a resident would be appointed in each circuit as circuit attorney to handle prosecutions.[19] That title changed to state’s attorney on February 19, 1827.[20] William Wilson briefly served as the circuit attorney for the Second Judicial District in 1819, prior to his appointment to the Supreme Court, but he never had an opportunity to prosecute cases in Clark County.[21] John M. Robinson held the circuit and state’s attorney position during the 1820’s. He then served in the United States Senate from 1830 to 1841[22] and on the Illinois Supreme Court from March 6, 1843 until his death on April 27, 1843.[23]

      In 1819, the General Assembly established justice of the peace courts, where two or more justices presided in each of two or more districts in every county.[24] Courts of probate began operation on May 1, 1821.[25] Until then, county affairs were managed by county commissioners’ courts.[26] On April 26, 1819, Joseph Shaw, John Chenoweth, and Samuel Ashmore were elected Clark County’s first commissioners. William B. Archer was appointed the first clerk of the County Commissioners’ Court on June 7, 1819, [27] but held the office only until 1820.[28] The first judge of probate in 1821 was Samuel Prevo.[29] The title of the position became probate justice of the peace on August 7, 1837.[30]

      On January 7, 1835, the General Assembly again provided for circuit judges.[31] Coles County had already joined Clark, Edgar, and Vermilion Counties in the Fourth Circuit,[32] for which Justin Harlan became the new circuit judge.[33] In 1841, however, the circuit judges were once again removed,[34] and Supreme Court Justice Wilson resumed duties in the

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