A Cook County judge on Thursday voluntarily recused himself from a case, citing the “glare of publicity,” after an attorney filed a motion to replace him that alleged he made racist comments during a conference in chambers earlier this year.
Attorney Matthew Fakhoury last week filed a motion to substitute Judge William Hooks from presiding over the case of a defendant charged with aggravated domestic battery, accusing the judge of making racist remarks about Middle Eastern men, along with other derogatory comments, in January.
Hooks delivered a statement about the motion from the bench during a hearing over the matter, referencing a “flurry of media attention.” He called the motion an “untimely, defamatory submission” and denied making the comments.
The matter in question was an off-the-record conference in chambers and therefore wasn’t recorded nor was a transcript produced.
Also on Thursday, Fakhoury filed in court an affidavit that accused Hooks of an “attempted coverup” of the alleged comments by reaching out, ex parte, to the prosecutors on 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 state’s attorneys turned over to Fakhoury a disclosure of the reported ex parte communication, as per their obligations in such a situation, according to an exhibit included in the affidavit.
The defendant in the case, Ryan Thomas, was indicted last June on four battery-related felony charges, and the case was assigned to Hooks’ courtroom, court records show.
On Jan. 17, the motion alleged, Hooks made “several inappropriate and derogatory comments” directed at Fakhoury and Thomas, including saying that Middle Eastern men are “controlling and abusive.”
Hooks referenced his service as a Marine, and said, according to the motion, while looking at Fakhoury who is Arab-American: “I would shoot and kill men like that from Middle Eastern countries.”
The conference happened in Hooks’ chambers, along with Fakhoury’s co-counsel and his law clerk as well as the assistant state’s attorney, the motion said. The law clerk, now a licensed attorney, filed an affidavit that attested to the allegation in the motion.
During Thursday’s hearing, Hooks denied making both of those statements.
Sill he decided to recuse himself, saying that the defendant should have his case heard without the accompanying publicity from the controversy.
“This case is not about me. It’s not about the defense counsel,” Hooks said. “The case is about the defendant charged with the offense.”
Fakhoury objected, saying he wanted a hearing in front of Cook County Judge Reddick on the merits of his motion.
Hooks noted the defense didn’t have the power to make that happen. The matter is scheduled before Reddick for reassignment Friday morning.
In an affidavit filed Thursday, Fakhoury also alleged that Hooks made improper contact with two assistant state’s attorneys about the case.
“This communication or attempted communication by Judge Hooks is not only unprofessional, unethical, and illegal but may rise to the level of witness interference and tampering, the affidavit said.
It included as an exhibit a notification from assistant state’s attorneys about calls from Hooks.
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On Monday, the notification said, Hooks called and left a message for Assistant State’s Attorney Maurice Alayo that he did not return. Hooks also left a message for Assistant State’s Attorney Ellen Carroll, who returned the call.
“During that phone call, Judge Hooks asked ASA Carroll if she recalled a 402 conference for a domestic violence case that happened last year,” the notification said. “Judge Hooks said the attorney had filed a motion for SOJ alleging that he had said something discriminating against ‘Arab men.’ Judge Hooks asked if she remembered the conference.”
Carroll said she did not remember what was said and would have to check the file, according to the notification. Carroll was “uncomfortable and did not know how to respond.”
On Wednesday, as Alayo was packing up files, Hooks asked to speak to him in chambers.
“Judge Hooks stated: Maurice, I just wanted to say about this whole situation, I hope you know I did not threaten to kill that man,” the notification said.
Alayo told the judge he was instructed not to speak to anyone about the matter.
mabuckley@chicagotribune.com
