Flood touts her experience to be elected judge in virtual forum

In the race for circuit judge in Kane County, Judge Elizabeth Flood asserted her greater legal and judicial experience to her opponent Brittany Pedersen’s 10 years of experience as an attorney.

Pedersen is a Democrat, Flood a Republican in the Nov. 3 general election. Pedersen is an Aurora resident, while Flood lives in St. Charles.

This is Flood's second time seeking to be elected a circuit judge. In 2018, she lost a Republican primary challenge to Thomas Hartwell, who then lost to Democrat Michael Noland in the general election that year.

Pedersen did not respond to an invitation to participate in the Zoom Meet the Candidates forum, Chamber President Jim Di Ciaula said.

Pedersen also refused to participate in an Elgin Area League of Women Voters candidate forum scheduled for Sept. 30, according to the group's website lwvelginarea.org.

Pedersen did not respond to four voice mail messages or an email about her campaign.

According to her campaign website, Pedersen was licensed as an attorney in 2009 and is owner and managing partner of the Law Offices of Pedersen, Campbell & Irvin, Ltd. in Aurora. From 2009 to 2012, she was an assistant public defender in Kane County.

Flood said she has 25 years of legal experience – seven years as a Kane County criminal prosecutor, 10 years in the civil division and eight years as a judge in Kane County, the last five years in family court.

Associate judge to circuit judge

Flood was first appointed an associate judge in 2013, then tabbed by the Illinois Supreme Court in May 2019 to fill the vacancy left by Judge Robert Spence, who retired and is now running for Kane County State’s Attorney.

“If there is a long time to the next election, the Illinois Supreme Court has the opportunity to appoint someone to fill that position until the next election,” Flood said at a candidate Zoom forum Oct. 1 hosted by the St. Charles Chamber of Commerce Legislative Committee. “The work still needs to get done.”

Flood said she was honored to be called.

“There is some risk to it, because by accepting the position of circuit judge, I gave up my position as associate judge," Flood said. "My appointment lasts until Dec. 1. So if I win the election, I will retain the seat. And if I lose the election, I will no longer be a judge.”

Family court

Flood said in family court, she handles 20 to 30 cases a day.

“I have to listen to the facts without emotion. So in divorce court – you can imagine … emotion is high. People are upset,” Flood said.

“People can get very upset by our rulings and we need to be very impartial and listen to all of that for an ear to picking out the relevant facts,” Flood said. “Two people step in front of me every day. I will rule and one of them will not be satisfied or happy with my ruling.”

Recommended rating

Flood pointed out that she received a recommended rating from the Illinois State Bar Association Judicial Advisory Poll, which was a joint poll with the Kane County Bar Association. Pedersen was not recommended.

In the joint poll on the www.isba.org website, 97.87 of Flood's peers rated her qualified to be a judge in meeting the requirements for the office. Pedersen received a score of 50, which led to her rating of not qualified, according to the judicial poll manual.

“So almost 98% of the people who appeared in front of me said that I met the qualifications for the office of being a judge,” Flood said.

“And my opponent – although it would have been her colleagues who would have answered,” Flood said. “People that have seen her ability and temperament, only 50% of them said thought that she had the qualifications to … be a good judge.”

A candidate for judge must receive a score of at least 65% or above to be recommended. Anything below that is not recommended, according to the judicial poll manual.

Also according to the judicial poll manual, the polling is anonymous from lawyers who are licensed to practice in Illinois and their rating is based “solely on the basis of direct knowledge of a professional nature.”

According to the joint poll, Flood had 239 lawyers responding to the pool while Pedersen had 94.

“Judges do need to be highly qualified. Judges have incredible power and incredible authority. We can send people to jail. We can allocate their finances. We can decide how much time they’ll spend with their children. And there’s very little oversight over judges.”

Flood said she recommends that lawyers who want to be judges should start as associate judges who are appointed by other judges in the circuit.

Circuit judges are reappointed every four years, so if a judge is not doing a good job, he or she would not get reappointed, Flood said.

DUI charges

Flood’s campaign literature points out that Pedersen was charged with driving under the influence in 2003 in Chicago, and in Kane County in 2016, and with driving on a suspended license in 2004.

Court records in Kane and Cook counties show that Pedersen was not prosecuted for DUI in either case because she pleaded guilty to a lesser charge of reckless driving and received supervision. Pedersen pleaded guilty to the driving on a suspended license charge, paid a fine and received 12 months of supervision, court records show.

“We are the ones imposing the law, upholding the law. We are looked upon to be the moral high ground in a lot of ways: Telling other people what they are expected to do,” Flood said.

Flood recounted that Judge Robert Villa currently handles DUI cases.

“His policy is, if someone gets a second DUI and wants to plead to a lesser charge of reckless driving – he says you already did that and got supervision. He requires them to take a conviction on it,” Flood said. “How would she ever say that to anyone? They would say, ‘You did it.’”

Flood said the issue with Pedersen is not whether she deserves a second chance, but has she shown a track record of being stable and making good decisions "to be handed a position that requires the utmost discretion and responsibility."

“We are the ones at the front of the courtroom, setting the tone, not losing our temper, being composed and telling others to keep cool and follow procedures,” Flood said of being a judge. “The question of what role the judge has – they have to be the example for others as well as upholding the law.”