Cook County Public Defenders Blog

Archive for September, 2009

ADVICE TO NON-CITIZENS

Monday, September 28th, 2009
 
On October 13, 2009, the Supreme Court of the United States will hear argument in a case of interest to all of our members regarding advice to non citizens about the immigration consequences of a plea in a criminal case. Click this link for a detailed discussion of the facts and issues in Padilla v Kentucky.
Read the transcript from the oral argument in this case before the U. S. Supreme Court.

Bernard Sarley Elected Associate Judge

Friday, September 25th, 2009

On behalf of the members of AFSCME Local 3315, the Cook County Public Defenders Association, I want to congratulate one of our own, Assistant Public Defender Bernard Sarley (HTF) on being elected Associate Judge by the Judges of the Circuit Court of Cook County.  Bernie, as we call him, has had over three decades of service to the office, with the last two as an attorney in the homicide task force.   Once again, congratulations to an esteemed colleague who will make a fine additon to the bench!  Bernie is also, our member of the month.

“61 Days” Just Got Shortened. . . to 14.

Tuesday, September 15th, 2009

In the past, if one of our clients was sentenced to the Illinios Department of Corrections (IDOC), they would have to wait 61 days to get any good time credit applied to their sentence. No more!  As of August 30th, 2009, good time credit will now come through in about two weeks.  As a result of this change in policy, our clients sentenced to one year IDOC will come home in about two weeks. This information was verified with the IDOC legal staff before being posted but you may wish to confirm this with IDOC before you advise clients.

 
 Important Update 12/15/09:
Please be advised that the office has been informed by the Illinois Department of Corrections that it will now hold people for 61 days on a 1 year sentence. Recently they had been holding people for 15 days on a 1 year sentence. A 61 day sentence means that these clients will probably be transferred from the Stateville intake center to another institution before they are released. When they were being held for 15 days, they were being held the entire time at Stateville and then released. All previous rules regarding time served in the Cook County Jail prior to the penitentiary sentence are still in effect.

Mark Solock

 
 

 

 

 

BOGUS SEARCH INCIDENT AND/OR INVENTORY SEARCH RESULTS IN REVERSAL OF CONVICTION

Friday, September 11th, 2009

Martell Clark was stopped by Chicago Police for a minor traffic violation. Asked for his driver’s license, he produced a ticket and an insurance card. The officer took Martell from the car and placed him in the police car for transport to the station per Chicago police procedure when no license is produced. An “inventory search” of Martell’s car was then conducted, anticipating a tow, resulting in the recovery of cocaine. The trial court, Judge Linehan, denied the motion to suppress but the Appellate Court by Justice Gallagher reversed that ruling and the conviction. Regarding the “inventory search” the opinion concludes that the officer’s “testimony here was insufficient to show that he was acting in accordance with a standardized police procedure regarding the decision to tow” and therefore “no cognizable reason for the impoundment was shown to justify the subsequent search conducted pursuant to it.” People v Martell Clark, No. 1-07-3185, 1st District, 4th Division 9/3/09.

SCHOLARLY FOURTH AMENDMENT DECISION AFFIRMS SUPPRESION

Tuesday, September 8th, 2009
In a lengthy and scholarly opinion delivered by Justice Toomin, the trial court’s ruling (Judge Linn) suppressing cocaine found during a warrantless search of a car is affirmed. The opinion, People v. Rolando Estrada, 1-08-2909 (8/28/09) which reviews the basic doctrines of Terry searches, searches incident to arrests, and the basics of the exclusionary rule, provides a nice review of important and basic Fourth Amendment law.                

Labor Day Greetings

Friday, September 4th, 2009

Brothers and Sisters:

On behalf of the Executive Board of Local 3315, I want to wish you all a Happy Labor Day and suggest that if you have no plans for Labor Day, that you consider attending the Labor Day Rally at the Historic Pullman Works.   Whatever you do, please have a safe holiday.

Negotiations:

Although we had two universal negotiations cancelled by the County in August, we are hopeful that one will be scheduled shortly so we can work towards an agreement on wages and health-care.  At the same time, local negotiations have  proceeded smoothly and are near resolution.

Thank Yous

Our summer social events were successful and memorable:  the Navy Pier Event was well attended and thanks go to Amy Thompson (HTF) and Cindy Brown (HTF) for putting together a beautiful evening; also, kudos to David Figura (MDD) for the difficult and thankless task of organizing the Local’s golf outing; despite the threatening weather, many brave members showed up and enjoyed not only golf, but a wonderful banquet too; and thanks also to the wonderful support from friends, members and judges for the Jack Carey Scholarship event at Wrigley Field, including the Cook County Public Defender, A.C. Cunningham Jr.!

Nutshell III:

Despite the announcement in the memorandum distributed by the training division, the Union will not be sponsoring a cocktail reception on any day of the Nutshell.   The Executive Board voted to not spend local funds on this event in light of the lack of public transportation from the event and also the desire to curtail unnecessary expenses during these difficult economic times.

MVP

Speaking of difficult economic times, it is important to have our union voices heard at the County, State and Federal levels.  Because we cannot use your regular union dues for political purposes, it is vital that you join PEOPLE , the political action committee of AFSCME, at the MVP level of $4.20 per pay period.  Many of our members are already PEOPLE members but are giving at the previous VIP level of $2.10 per pay period.  Please up your contribution to the MVP level by contacting  any Executive Board member or calling PEOPLE chair Joe Gump at the Rolling Meadows courthouse.

Resurrection Health Care:

On September 25 and 26, Resurrection workers and their supporters will hold a 36 hour vigil for justice at Resurrection Health Care.
When ?  from 6am Friday, September 25 until 6pm Saturday, September 26.
Where?- 7432 W Talcott, across the street from Resurrection Medical Center
 
Please join us at the vigil or call Kathy Steichen for more information at (312) 320-7717.

Finally, the Executive Board enjoyed meeting and speaking with the new members who attended the new member dinner.  We hope Dylan Barrett, Andre Abale, Lauren Threatte, Matt Bartz, Brent SiggRandalyn Peterson, Steve Herczeg had a fun time and gained some understanding of the history of our Local union from the presentation given by our former president and retiree, Dave Eppenstein

In Solidarity,

K. S. Galhotra

2009 Jack Carey Scholarship Fundraiser

Wednesday, September 2nd, 2009