Cook County Public Defenders Blog

Here is a link to the press release from the Patrick Fitzgerald’s office.  Here is a link to the indictment. 

Under our collective bargaining agreement, the union is allowed to request a job audit of attorneys whom the Union identifies as working out of their classification .  The purpose is to show the human resources department that you should be reclassified and upgraded because of the actual work you are doing.  In order to determine who those individuals are, we (the local) are asking that you tell us if you think you are working out of classification.  This seems particularly to be an issue for Grade 2s. 

So, here is what you need to do if you want the union to ask you to be audited:

1.  Send a memo or letter to me infoming me of your name, job site, grade, and seniority date.

2.  Describe in detail your current assignment and the kind of work you are doing (e.g. representing four defendants on armed robbery cases with a firearm; three defendants on attempt murder charges; two defendant’s with natural life cases; one case case involving an expert witness that was retained by the office to testify as to fingerprint identification; one insanity case, etc.).  Please try to give a total caseload number as well.  In addition, please be mindful of confidentiality issues.

3.  Tell me how long you believe you have been working out of grade.

4.  Submit any motions you filed, statistics you submitted or any other documents  that you would like the union to consider.

5.  Get me your memo or letter by OCTOBER 31, 2008 (Deadline).

In Solidarity,

K. S. Galhotra

President

The U.S. Supreme Court agreed to hear, and will most certainly overrule, and odd decision of the Vermont Supreme Court dismissing a conviction on speedy trial grounds because of delays attributed solely to the defendant’s public defenders.  The Court reasoned that the public defenders were State actors and the defendant should therefore receive the benefit of a speedy trial bar to prosecution by the State.  Read the decision from the State Supreme court by clicking  Vermont v. Brillon .  

Here are the issues as described by the U. S. Supreme Court:

1. Whether continuances and delays caused solely by an indigent defendant’s public defender can arise to a speedy trial right violation, and be charged against the State pursuant to the test in Barker v. Wingo, 407 U.S. 514 (1972), on the theory that public defenders are paid by the state (with a small “s”).

2. Whether the right to counsel, as established in Gideon v. Wainwright, 372 U.S. 335 (1963), should result in broader speedy trial rights to indigent defendants than defendants who are able to retain private counsel, such that only delays by private counsel get charged against the defendant under the Barker v. Wingo test. 

Here is a link to the Respondent’s Reply Brief recently filed.

On 10/1/08 the U.S. Supreme Court agreed to hear a case arising from now retired Judge Fiala’s court on whether the erroneous denial of a criminal defendant’s preemptory challenge that resulted in the challenged juror being seated requires automatic reversal of a conviction. (Rivera v Illinois 07-9995) The Illinois Supreme Court had ruled that Judge Fiala erred by raising a sua sponte reverse Batson claim and then seating the juror over objection, but that the error was harmless in light of the overwhelming evidence.  People v. Rivera, 879 N.E. 876.  Click here for a link to the case.

1/6/09 :  Here is a link to the brief filed on behalf of the defendant.

BROTHERS AND SISTERS

I have taken a brief leave of absence from the Cook County Public Defenders Office to devote full time to our union’s effort to elect Barack Obama the next President of the United States. 

Hopefully, you are now aware of one such endeavor – the “Get on the Bus!” campaign – in which all AFSCME members have been encouraged to travel to neighboring states to educate union families about Barack Obama’s historic campaign and his exemplary labor record. If an out-of-state trip is not realistic for you, I am coordinating efforts locally to recruit volunteers to conduct union household visits or telephone banking on behalf of Barack Obama and Dan Seals (who is running for Congress against incumbent, Mark Kirk, in the 10^th District). 

If you would like to take advantage of these opportunities to get involved in this truly transformative election, please contact me immediately to discuss your options. 

Joe Gump

PEOPLE Chair

AFSCME Council 31

Local 3315