Michael Toomin, a former Cook County judge who presided over some of the county’s highest profile cases and helmed the juvenile justice division for a decade, died on Friday.
Toomin, 85, succumbed to cancer a little more than six months after he retired in December after a decadeslong career that began on 26th Street as a lawyer and then judge after he was first elected in 1980.
As a judge, he cultivated a reputation as a conscientious decision-maker and earned the affectionate nickname of the “Toominator.” By his own estimation, he oversaw some 600 murder cases and 400 or more jury trials, he told the Tribune in an interview shortly before he retired, presiding over heater Cook County cases like the second trial for mob hit man Harry “The Hook” Aleman and that of Black P Stones and El Rukn leader Jeff Fort.
He also served as chairman of the Illinois Supreme Court’s special committee on capital cases.
“Michael Toomin was a man of both great intellect and great compassion. He was a judge’s judge and a dedicated public servant, who knew the law and had a deep and abiding respect for our community and our system of justice,” Chief Judge Tim Evans said in a statement.
As the juvenile court presiding judge, Toomin attracted criticism by some criminal justice reform advocates who viewed his stance on juvenile justice as too heavy-handed, more focused on punishment than rehabilitation. He barely survived a retention vote in 2020 after the county’s Democratic party declined to support him, with Cook County Board President Toni Preckwinkle writing in an op-ed: “We want a leader who understands that children need to be treated differently than adults.”
But speaking to the Tribune in December, Toomin said the cases in juvenile court often presented no easy choices.
“They do weigh on you,” Toomin said, speaking particularly about a decision to detain two 12-year-old boys facing gun charges despite a Cook County ordinance that said children that young shouldn’t be locked up, “but somebody has to make those decisions.”
In that case, which generated controversy, Toomin said, the juvenile judges presiding over the case had exhausted other options, and feared for the boys’ safety on the streets.
“He pretty much let us be the captain of the ship, recognizing we are operating within the bounds of the law and doing what was in the best interest of the kids who came through our courtrooms,” former Juvenile Court Judge Marianne Jackson told the Tribune in December ahead of Toomin’s retirement.
Most recently, Toomin played a significant role in the Jussie Smollett case, appointing a special prosecutor to investigate after the Cook County State’s Attorney’s Office drew scrutiny after suddenly dismissing the charges against Smollett.
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In 2019, Smollett was charged with disorderly conduct for staging a hoax hate crime. Cook County State’s Attorney Kim Foxx had recused herself from the case and handed it to a deputy. The following month, the office dropped all charges against Smollett.
Toomin appointed Dan Webb to act as a special prosecutor, ruling that Foxx improperly recused herself and overstepped her authority when she delegated the matter to a top deputy.
“There was no master on the bridge to guide the ship as it floundered through uncharted waters, and it ultimately lost its bearings,” Toomin wrote in the 21-page opinion. “… The unprecedented irregularities identified in this case warrants the appointment of independent counsel to restore the public’s confidence in the integrity of our criminal justice system.”
Webb secured a conviction in the case, which Smollett is currently appealing.
As his judicial career wound down, Toomin looked back fondly on his time as a judge, recalling the frenzy of the high profile cases, including having to go to court with personal security during the trial for Jeff Fort, the notorious Chicago gang leader.
“Forty-two years is a long time,” Toomin said in December. “I felt that I’ve made some contributions to the system, to the court and to society. “
mabuckley@chicagotribune.com
