Cook County Public Defenders Blog

Archive for July, 2009

S. Ct Rule 431 (b) SAYS WHAT IT MEANS AND MEANS WHAT IT SAYS

Tuesday, July 28th, 2009

“Rule 431(b) places the duty on the trial judge, not on the prosecutor or defense, to pose the specific questions set for in the rule to insure that the prospective jurors understand and accept the Zehr principles.” [See: People v Zehr, 103 Ill. 2d 472, 469 N.E.2d 1062 (1984)]  Moreover, per the opinion of Justice Hall in People v Lyndell Graham, No. 1-08-0444  7/20/09, “it is the court’s responsibility to enforce the rules as written.” Thus substantial compliance is not good enough and a harmless error analysis is not warranted. New trial ordered. Read the opinion here.

Board and Trustees Installed July 21, 2009

Tuesday, July 21st, 2009

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Applications for Entry Level APD Positions Being Accepted

Sunday, July 19th, 2009

After nearly two years, the County has posted entry level openings for Assistant Public Defenders.  If you know some one who is interested, please have them go to the Cook County website for more information.

Summer Update

Friday, July 17th, 2009

Here is a little update for the membership on what’s going on with our local.

Installation of New Board and Trustees

The recently elected executive board and trustees of Local 3315 will be sworn-in in a ceremony on July 21, 2009 by our former brother and now Judge, Stuart Paul Katz.

1% Arbitration

The Cook County Comptroller has contacted us and indicated that our 1% salary increase will show up on our pay checks that we will receive on 7/24/09.  Retro to follow at a still unknown date.  Sounds like good news, but prudence requires you to not spend a dime of it until you get it.  It’s about the Roosevelts, baby!  For those of you who have not signed up at the MVP level for our Political Action Committee, PEOPLE, please consider doing so, using this”windfall”.  See any local board member or steward for a canary color, Voluntary People Deduction Authorization Form.

Contract Negotiations:

Given the current economic and political climate, you will not be surprised to learn that negotiations are progressing at a snail’s pace.  In the forthcoming weeks, the Union will be asking it’s members to engage in solidarity day activities which will involve the donning of buttons or stickers at your work sites.  Please participate to publicize your support of your bargaining team’s efforts during these difficult times.  More information will be distributed as it becomes available.

Summer Party

Our local’s summer party will be at the Beer Garden at Navy Pier on July 29, 2009.  As of 7/17/09, we have a little over 100 guests who have sent in their checks.  The deadline for submitting your rsvp is 7/22/09 so please don’t miss the boat. . .  so to speak.  Details on how to RSVP are in my prior message on this website.

Golf Outing

Our annual golf outing will be held at Eaglewood resort on August 27, 2009 and if you are interested in golfing, please call David Figura at the Multiple Defendant Divison downtown so he can get you a tee time.  If you can put together a foursome, that would be helpful.  Golfers must arrive at the resort a minimum of 20 minutes before their tee time!

Jack Carey Memorial Scholarship

The scholarship named in memory of our local’s past president is set to award the next scholarship for the winter of 2009-2010.  The deadline is November 1, 2009 and the Scholarship tab on the local’s home page can provide your law clerks with the necessary forms and other information about the scholarship for public defender law clerks.

The fundraiser for the scholarship is going to be on September 1, 2009 at Wrigley Field with the Cubs hosting the Astros in a game that is sure to play a role in the race for the division championship.  Information on how to get tickets is available online.  While sales have been brisk, some tickets remain for the procrastinators among us.

In Solidarity,

K. S. Galhotra

President, Local 3315

Cook County Public Defenders Association

HOW NOT TO ANSWER A JURY’S QUESTION

Wednesday, July 8th, 2009
Justice Gordon joined by Justices Cahill and McBride, reverses and remands defendant’s murder conviction and natural life sentence, because the trial court abused her discretion and abandoned her role as a neutral referee where she answered a question from the jury on a question of fact, thus providing unsworn testimony to the jurors on a critical factual issue.  During the jury’s second day of deliberations, in a case where the defense attempted to discredit the defendant’s confession, the jury sent out a note asking, in effect, if the detectives had coerced the confession by taking the death penalty off the table during defendant’s interrogation.  This issue had not been mentioned during trial testimony or argument.  Over defense objection, the trial court answered  “No, please continue your deliberations, jurors.”  This, Justice Gordon finds was an abuse of discretion, “as well-intentioned as she  [Judge Dianne Cannon] may have been.”
This is a clear and thorough opinion on the subject of answering jury questions worth putting in one’s trial book.