Cook County Public Defenders Blog

Archive for March, 2009

Burnette Victorious in Suit Against Stroger

Monday, March 30th, 2009

The appellate court issued a 32-page opinion, according to today’s (3/30/09) Chicago Daily Law Bulletin, written by Justice Robert E. Gordon that holds “ (1) The public defender is an entity capable of bringing suit; (2) Burnette had standing to contest Stroger’s actions; (3) Stroger lacked authority to impose unpaid furlough days on designated member’s of Burnette’s staff; and (4) Stroger lacked authority to select who would be laid off”.  It is also reported that Stroger’s attorney and the Special Assistant State’s Attorney representing the Law Office of the Cook County Public Defender are working on crafting a settlement in this case before his term expires tomorrow.

Read the case by clicking this.

“Postcards to Todd” Still Being Collected

Sunday, March 29th, 2009
          Postcards to Todd

We have collected most of the “Postcards to Todd” from our members but are still awaiting a few cards. If you didn’t get a card, please call Local 3315 Secretary Amy Thompson at 26th Street (6989). If you still have your card, sign it and send it in to Amy as soon as you can. Our plan is to hand deliver these cards to the County Board President to remind him to continue in contract negotiations with the County locals. Our scheduled negotiation session for Monday, March 30th was abrubptly cancelled a few days ago. And this occurs at a time when the union was reminding the County that it was expecting a wage proposal at the next meeting. There has been no wage proposal in over six months of meetings. Your signed card reminds the County Board President that we work hard and deserve a fair contract which includes reasonable wage increases and affordable, quality health care. This is a goal that is difficult to disagree with.

PDs Win …Judge Terrell Loses

Thursday, March 19th, 2009
In a unanimous decision from the Illinois Supreme Court,  the Court, exercising its supervisory powers, ruled that J Terrell, and by implication all other judges, may not pick and choose which public defender is assigned to which defendant.  Writing for the court, Justice Garman states:
 
We conclude that because assistant public defenders serve at the
pleasure of the public defender (55 ILCS 5/3–4004, 3–4004.1 (West
2006)), the public defender has the sole statutory authority to make work assignments to the assistant public defenders. Thus, absent a finding of contempt or other specific cause, it is beyond the scope of judicial authority for an individual judge to reject an
assistant public
defender
assigned to his courtroom, to refuse to allow an
assistant
public defender
to represent defendants when she has been assigned
to do so, or to remove an assistant public defender from
representation of a defendant (
emphasis added). 
  
Read the case yourself by clicking this.

Help End Death Penalty in N.M.

Wednesday, March 18th, 2009

New Mexico is on the verge of abolishing the death penalty. The bill has passed the House and Senate, and is now on Gov. Bill Richardson’s desk. He has until Wednesday at midnight to either veto or sign abolition into law, and he’s requested to hear public opinion on the issue as he considers his decision. We all have a chance to let the Governor know how we feel about the issue and why abolition is so important — it doesn’t matter what state you’re from. There are three ways to get this message across:

1) Vote in the online poll at the Albuquerque Journal (which has actively opposed abolition):
http://www.abqjournal.com/

2) Call the hotline set up by the Governor to weigh in on abolition:
505-476-2225
Let them know you SUPPORT HB-285!

3) Send the Governor an email through his website:
http://www.governor.state.nm.us/email.php?mm=6&type=opinion
Urge him to support and sign HB-285!

March Update

Friday, March 13th, 2009

I want to update the membership on a few topics. 

The Cook County Jail  Correctional Officers are having elections on MARCH 17 and MARCH 19 to decide which labor union will be representing them.  If they vote for AFSCME, they will help keep AFSCME the largest union representing  Cook County workers.  That strength in numbers (3000 additional members) can pay big dividents at the bargaining table. So it is in our interests to encourage them to vote AFSCME.  When heading to the jail for visits, don your sticker that says “VOTE AFSCME” – it should be available next to the jail sheets next week.  Need one? See me.

Speaking of bargaining table, most of you should have now signed a postcard that we will send to President Stroger to remind him we want a fair contract at the table.  So far, the County has only been talking about takebacks and have  presented no wage increase.  This is a job action folks.  The union wants complete participation.  It’s even easier than wearing a button or sticker to court -  and a lot easier than walking a line while holding a picket.  So please make sure you sign one and if you need one, call union local secretary, Amy Thompson at 26th street (869-6989).

The 1% arbitration went well on February 27th.  We were represented well by Catherine Struzsinsky of AFSCME.  The union called two witnesses, Mike Newman and Peter Schmaltz, who both handled the negotiations at the table during the last contract bargaining.  The County was represented by ASA Greg Vaci and he called one witness, Jonathon Rothstein, who was a special labor counsel to John Stroger at the time.  Due to time constraints, I cannot abstract the hearing here in this post.   But a decison from the arbitrartor is expeceted shortly and I am very optimistic about the outcome and  very satisfied with the testimony heard at the arbitration.

Our local elections are coming up on May 7th, 2009.  But first, there will be a nomination meeting at 3:30 pm on Thursday, April 2, 2009 at the cafeteria on the second floor of the Cook County Criminal Courts Administrations Building located at 2650 S. California.  Come and nominate a candidate of your choosing to run for union office.  You must be present to nominate someone.  The constitution is available on our website as a link under the Stewards and Grievances tab and notices were sent out by U.S. Mail to the address the local has on file.  The notices went out the week of 2/16; if you didn’t get it,  it’s probably an old address we have,  so please update your address in writing with the local.

And yes, it looks like A.C. Cunningham will be Ed Burnette’s successor.  I will have more to say about Judge Cunningham, in a future posting.

In Solidarity,

 

K.S. Galhotra

Inspiring Public Defender News Stories From across the Nation

Friday, March 13th, 2009

Here’s a link to a story about Jeffery Adachi, the  Public Defender of San Fransiscso who recently took on the Mayor, in his own way, after he was stiffed on money to hire additional attorneys to staff new courtrooms to handle minor cases – predominately homeless folks.

And here is a story about the head Public Defender in Frankfort, KY and the litigtion he has initiated to get more funding to handle the caseloads.

SUPREMES DECIDE VERMONT v. BRILLON…PDs Win…PD client loses

Tuesday, March 10th, 2009
In a crisp opinion delivered by Justice Ginsburg, joined by six other Justices, the Court held on 3/9/09, that delay caused by appointed counsel’s requests for continuances, over her client’s objections, are not attributable to the State for speedy trial purposes. ”Once a lawyer has undertaken the representation of an accused, the duties and obligations are the same whether the lawyer is privately retained, appointed, or serving in a legal aid or defender program”.  Disagreeing with the Vermont Supreme Court, Ginsburg et. al. held that “assigned counsel’s failure to move the case forward does not warrant attribution of delay to the State” and “assigned counsel generally are not state actors for purposes of a speedy trial claim.”
The Court did, however,  leave open the possibility that its rule was not absolute, stating “[d]elay resulting from a ‘systematic breakdown in the public defender system’ could be charged to the State” if such facts were of record, but “the Vermont Supreme Court made no [such] determination . . . “
Read the full opinion by clicking this.

The Union Needs You!

Tuesday, March 10th, 2009

Union Stewards are needed at several work sites throughout the office.  The sites with the greatest need are Maywood, Bridgeview and 1st Municipal.  If you are able to donate your time and a little effort you may find it to be a rewarding experience.  Training is provided and your participation is greatly appreciated.  If you are interested contact Monique PattersonChief Steward at (773)869-3217.

Ed Burnette’s Term to End March 31, 2009

Wednesday, March 4th, 2009

Todd Stroger, President of the Cook County Board, nominated Judge A. C. Cunningham of the Law Division, to replace Edwin Burnette as Public Defender of Cook County.  The Cook County Commissioners will vote on the nomination at either the March 17th or April 1st meeting of the County Board.   The Executive Board will continue to update the membership as circumstances develop.