BLOOMINGTON - For several years, retiring 11th Judicial Circuit Judge Donald Bernardi has kept a notebook on the bench to record the infrequent victories of parents who overcome problems that could tear their families apart.
In four years, about 10 families have managed to complete the steps required to retain custody of their children. Those are among the most rewarding days for a judge, Bernardi said in a recent interview leading up to his Monday retirement.
"The train was leaving the station with their kids and they somehow stopped it. Those cases are the most gratifying to me," said the 17-year veteran of the McLean County bench.
The 10 cases represent "a sadly small number," said Bernardi, for a process that "is like the death penalty in the juvenile division."
Outside the courtroom, Bernardi has served on the McLean County Foster Care Coalition, a group that works to increase the number of foster homes for children. The fact that 30 percent of McLean County's foster children are placed outside the county because of a lack of foster homes is troubling, he said.
The 57-year-old former Livingston County prosecutor also takes with him memories of several murder cases he presided over as judge. The seriousness of those cases makes them memorable, he said.
Bernardi's ruling in the 2003 murder case of David Hari, a Ford County man convicted of killing Jeffrey Thomas and critically injuring Lisa Hari, produced a legal precedent that still stands. The Illinois Supreme Court overturned Hari's first conviction based upon Bernardi's decision not to allow the jury to consider Hari's "involuntary intoxication" with the prescription anti-depressant Zoloft.
A second jury convicted Hari last year and he is serving a 73-year prison term.
During his time on the bench, Bernardi has been an outspoken critic of burdensome changes to the state's drunk driving laws. While unfolding a flow chart containing dozens of possible DUI penalties, Bernardi said lawmakers need to simplify the confusing sentencing guidelines.
"The sentencing scheme has to be concrete where people and the judges know the sentence. We've reached a place where they don't know," said Bernardi.
Bloomington attorney Brian Goldrick said he will miss practicing law in the courtroom of the judge he described as "a true gentleman."
"He treats everyone with respect and tries to make everyone who comes into the courtroom feel comfortable," said Goldrick.
When he begins his retirement next week, Bernardi is looking forward to spending more time with his family and holding a fishing rod in his hand more often. He likely will continue teaching law classes at Illinois State University but has not ruled out other possibilities.
Posted in News on Thursday, November 27, 2008 12:00 am Updated: 11:11 am.
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