Comments on: Burnette Victorious in Suit Against Stroger

By: Eileen Pahl

Eileen Pahl — Tue, 31 Mar 2009 19:51:28 +0000

Quite ironic and not in the least bit funny that the very same man who lobbied to eliminate my job in Appeals (thereby depriving our clients of effective and prompt appellate review) is crowing about being vindicated by the Appellate Court.

I think the real question to be asked here is not whether Ed had the authority to make decisions about staffing the office but whether he made the right decisions.

By: Julie Hull

Julie Hull — Tue, 31 Mar 2009 17:27:03 +0000

The opinion addresses these four issues: Issue 1: Right to Sue. “It makes no sense to create an entity that could not even defend its right to exist.” Issue 2: Standing to conteest specific acts of interference (President’s selection of staff to lay off and imposition of furlough days). on s “Thus, the public defender has standing to contest both the selection of whom to fire and the imposition of fourlough days on designated employees.” Issue 3: President’s authority to alter or terminate existing Board appropriations by unpaid furloughs. “[W]e find that Section 6-24007 does not provide the president with authority toimpose furlough days on designated members of the public defenders offic e. Issue 4: Whether the President has the authority to hire, terminate, replace, disciplien or direct the assignments of any APD, clerk or employee. “[W]e find that the president lacked the authority to select whom to hire, fire or retain among the public defender’s staff.” In other words, only the Public Defender can hire or fire staff from top to bottom now. Management’s employment is at staff is at the will and subject to his or her discretion and not the president’s.

By: Joe

Joe — Tue, 31 Mar 2009 14:23:39 +0000

Sounds like a well-earned victory.

By: Bruce Mosbacher, Executive at Large

Bruce Mosbacher, Executive at Large — Tue, 31 Mar 2009 03:29:11 +0000

True Winona but as a result perhaps, Ed has about 25 hours left on the job.

By: Dan Walsh

Dan Walsh — Tue, 31 Mar 2009 03:27:59 +0000

That’s a good last month for Ed. Big win for the office in both cases.

I also wonder how aware of the political situation the Appellate Court and the Supreme Court were. One can only speculate.

By: Winona Agbabiaka

Winona Agbabiaka — Tue, 31 Mar 2009 02:42:58 +0000

I guess that makes us 2-0.

By: Maggie L

Maggie L — Tue, 31 Mar 2009 00:51:10 +0000

I think this is a great victory for Ed and all the assistant public defenders!