Judge speaks about public trust in Land of Lincoln

An untrusting public cannot be governed, said U.S. District Judge James Zagel, during an open forum on Thursday.  

Zagel started his discussion on the history of American and Illinois corruption, by stipulating that he did not like using the terminology “public corruption” because of its broadness.  Instead, he prefers the phrase a breach of public trust, also the title of his presentation.  

History impacts the present a lot more than people would like to think, Zagel said.  

The judge went further and said he thinks corruption has been a part of Illinois since it became a state in 1818.  When Illinois became a state it was fearful of the economic threat of the more powerful cities of St. Louis, Missouri and Evansville, Indiana.  

“Throughout the 1800s, states were always in competition with each other, and often it was what the states needed that were in short supply,” he said. “The history of the 19th century teaches that large scale breaches of trust occur on some regularity if and only if government controls and distributes goods in short supply.” 

Zagel also said the time period played a role in the level and type of corruption that took place. Criminal breach of trust occurs when a holder of public office requires or accepts something of personal benefit in exchange for using their political clout, Zagel said.  

“It’s usually something you can put in your pocket as opposed to getting widespread popular approval of your work an enhancing your chances for reelection,” Zagel said. 

A moral breach of public trust is when a public official knowingly acts against the best interest of public and goes with the popular vote knowing it will have negative repercussions.  

“It’s a very hazy line between selfish and self-serving conduct,” he said.  Stupidity or ignorance cannot be considered a breach of trust because it is not done with intentional disregard for the public and the rules by which they are governed.

“Do what’s best for America as a whole even if it will cause you lose your job,” Zagel said.  

With the American public currently being automatically suspicious during these times, Zagel said it will take time for public to trust Illinois public officials again. 

Zagel also said citizens should not make the mistake of giving up on the political system. 

“Democracy is constructed on the basis that people will vote, that people will have some interest in what they are doing,” he said. “That people will understand that somehow we are all in the same boat and we have to pull together.” 

An audience member asked Zagel how he thought Illinois could make sure it does not get any worse.  

“I feel like one of the problems is that (people) will say things like ‘we are going to make sure’ they are making a promise that except in the rarest of circumstances they can’t keep,” Zagel said. 

“You won’t know a disaster is coming until disaster strikes.”   

 Nike Ogunbodede can be reached at 581-2812 or [email protected].