Category: Chief Judge

Update on Actions to Improve Court Access for Victims of Domestic Abuse Provided to Cook County Board

10/18/2021

Cook County Board of Commissioners Meeting
Oct 7, 2021

Attendance: 16 Commissioners present led by President Preckwinkle and Commissioner Sims

Meeting Highlights:

Agenda Item 21-5492 Proposed resolution requesting an update on actions to improve access to justice for victims of domestic violence. Passed Kate Nolan, staff attorney in the Chief Judge office, reported on the steps being taken to ensure victims of domestic abuse have access to the court system in order to obtain an order of protection. The court is working with the Clerk of the Court, the Sheriff, and other stakeholders to set up 24/7 access. The target date is November 8. A judge will be on call after standard court hours. A remote hearing will be set up. A person could access the hearing via a phone call. If a person calls the Illinois Domestic Abuse Hotline, a facilitator would be available to help with a petition for an order of protection. Judge Evans is also re-establishing the Domestic Violence Court Committee to improve the process in the domestic violence courts. The committee will include judges, a representative from the president’s office, the Clerk of the Court, the Sheriff, and advocates. Ms. Nolan will be on the committee and will be the point person for the Commissioners. She will report back periodically. The committee will address access to the courts, ease of use of the website, and availability of interpreters. Each court will have a coordinator to help the petitioner in the process.
Agenda Item 21-5542 Proposed Resolution to create a special purpose fund for equity and inclusion projects. Passed It seeds nearly $100 million to be allocated through November 2022 to address historical disparities and disinvestment in Black and Latinx communities as well as other communities that are marginalized or have experienced other social and economic disparities.

Observed by: Kathi Graffam Meeting Length - 3 hours

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Final Day of Cook County Board Mid-Year Budget Hearings

8/3/2021

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Cook County Board Finance Committee Mid-year Budget Hearings
July 21, 2021
Presentations by the Clerk of the Court, the Chief Judge, Independent Inspector General and Cook County Sheriff

Commissioner Daley has asked all Elected officials presenting their mid-year budget information to also state what their office/department has learned from the COVID experience over the last year.

Clerk of the Court - Iris Martinez

Martinez’ main goal is to do a “comprehensive review of the whole operation” and make changes necessary for more efficiency and transparency. She wants to “re-establish trust in the office.”
Two areas of concern are to complete the transition to the Odyssey Case Management System and to comply with any Shakman hiring issues. By the end of October, 2021, the case management system transition should be completed and should be certified by the Illinois Supreme Court by January, 2022. This will provide better access by the public and attorneys. Hiring will be more transparent in accordance with any Shakman requirements. Currently 218 more staff (mostly clerks) will be hired in two large groups. The office will still be understaffed according to the Chief of Staff.
Some general improvements to come are website improvement, easier access for Domestic Violence victims to get court orders, call center improvements including the calling of defendants to remind them of court dates.
“Goals” include more e-filings by attorneys (2,200,000) and an increase in the number of cases filed (495,000). Revenue is 10% higher than expected and expenditures are almost 9% lower than expected. Much of this has to do with COVID shutdowns of courts and also more efficiency in operations. Cost savings is a priority for Clerk of the Court Martinez. More can be done using technology rather than in-person—learned from last year’s experience.

Chief Judge - Tim Evans
Some details from the Chief Judge regarding the current budget year:

there is a 2% reduction ($5 million) in this year’s budget mostly due to COVID closures— under budget for hiring and contracts
no jury trials have been held during COVID except for emergencies
currently there are 76 courtrooms set up for jury trials and 10 for bench trials. 3 ft. social distancing will occur for jury trials (should start in October)
the AOIC (Administrative Office of the Illinois Courts) is giving $61 million to the courts—from COVID money at the federal level
unusual expenses were for Zoom licenses (400) used for hearings
during the past year, 128,00 “matters” were settled even though courtrooms were basically closed. This includes 13,000 guilty pleas and bench trials.

Lessons learned from COVID experience:

in-person court appearances are not needed for discovery, some hearings; but in-person is required for any situations where “freedom is in jeopardy”

Commissioner Comments:

Comm. Daley asked about the speedy trial requirement return and how many defendants are waiting. Also the number of defendants on EM or bail that have recommitted serious offenses. This was unclearly explained by Evans, however the gist was that there is “no proof” that the released do more crime. He indicated that all the information is on his website dashboard. This is cookcountycourt.org. Later on it was mentioned that Preckwinkle’s office has a group interviewing Evans, Sheriff Dart, and others to evaluate the EM program. A report should be released soon.
Comm. Aguilar contradicted Evans “data” on crimes committed by released defendants and said his community was worried about crime. Evans replied that all are presumed innocent until convicted. Aguilar also stated that child support is not being enforced.
Comm. Johnson was concerned about “isolation” use as a punishment for misbehavior at the JTDC (Juvenile Temporary Detention Center).
Comm. Lowry asked whether the elimination of cash bail will increase court budget/costs. No clear answer from Evans.
Comm. Degnan advocated for virtual meetings for domestic violence situations. This reduces trauma, time, etc. for women asking for court orders.
Comm. Miller asked about restorative justice courts in the south suburbs. These will be added soon. She also asked for data on Veterans and other specialty courts and indicated that many veterans don't know about these specialty courts.
Comm. S. Morrison questioned the $7 million increase in the budget. Evans indicated this was needed for Zoom room personnel and other jury services. Evans office currently has 2,550 FTEs and 599 vacancies. Evans desires a hybrid system using Zoom and in-person in the future.
Also asked was what the process is for deciding who gets out on bail, no-bail, or EM (Electronic Monitoring). Evans said “mitigating circumstances”—presumption of innocence, proof not evident, no clear and present threat, no lengthy criminal record, self-defense, vulnerable to COVID are all reasons someone could be released even though they are accused of a violent or gun crime. Stated that 1,287 defendants are in jail for murder and less than 100 murder defendants are out on EM.
The issue of mental illness was brought up with regard to so many defendants needing mental health services. Morrison advocated that this issue be addressed by the State of Illinois.

Independent Inspector General - Patrick Blanchard

The office has filled 5 open slots (including promoting 1) and has just 1 unfilled position of the Deputy Inspector General
Comm. Anaya asked whether the result is improved turn-around time for cases. IG Blanchard said “yes.” He reminded the Commissioners that his office has a triage system for determining which potential cases are the most important and which ones have sufficient evidence to warrant going forward. Last year there were 800 contacts made to his office, and the office also can and does open cases on its own.
The IG was asked about appeals from the cases included in his quarterly reports. The IG explained that the office only has the authority to make recommendations to an official or department. So if someone disagrees with the implementation of the recommendations of the IG, the person needs to contact the applicable department or official.

The Office of the Cook County Sheriff - Deputy Sheriff

The office began with a presentation on the past and current status of COVID cases within the County Jail, which the office believes has been wrongly depicted as a “hot spot.” In the Spring of 2020, there were 307 cases, which was 6.9% of the total Jail population, compared to much higher percentages in the general population. Similarly, the highest number of cases was on December 13, 2020, with 375 inmates testing positive, or 6.8% of the Jail population. As of July 21, 2021, the 7-day average was only 0.2%, or only 2 positive cases. And these two inmates entered the Jail with COVID.
Currently, 55% of the Sheriff’s employees are vaccinated, despite many efforts to incentivize the staff to get vaccinated. 61% of the eligible detainees are vaccinated currently. There is frequent testing of the non-vaccinated.
The office expects to remain within the 2021 budget, thanks to the funds that came from the Federal government last year and this year.
752 detainees have been convicted and should be in the State prison system. Of these, 394 are eligible for parole hearings, and the Sheriff wants those to take place. Comm. Daley asked about the dollar amount owed by the State to the County for housing these inmates that have been convicted. The Sheriff’s Deputy said that the State wants to establish a rate of $50 to $70 per day, but the Sheriff says it has to meet with the County’s Budget Dept. to establish the appropriate rate.
The Sheriff’s employees are exhausted from the past year and a half. It has been difficult to keep up with attrition through new hires. The Deputy Sheriff emphasized the large number of positions that have been reduced over the years and more positions are needed, including more monitors for those released on electronic monitoring. The office is working with the University of Chicago to identify ways to better manage the electronic monitoring.
Comm. Britton said he would like to expand training within the Jail so people can connect to jobs upon release. The Commissioner identified a large impediment to that is the issue of transportation from Chicago to the suburbs where some of these jobs are, particularly in the food industry.
Comm. Johnson asked about whether there are metrics for evaluating policing efforts, particularly the Sheriff’s partnering with Chicago on drug trafficking. The Deputy explained that the Sheriff had an internal research office that does such evaluations and there are weekly reports.
Comm. Silvestri asked about what long-term costs might be expected. The Deputy Sheriff explained that being able to open shuttered Jail buildings was critical for providing separate spaces for prisoners during this pandemic. The office was very complimentary of the Asset Management Bureau for quickly repairing and bringing these shuttered buildings up to code so they could be used. The Office said that having that capability to reopen buildings could be a continuing need.
Comm. Anaya asked whether there is any evaluation of the effectiveness of electronic monitoring. The answer was that Urban Labs is finishing up just such an evaluation, which report should be ready shortly.
Comm. Anaya and Moore brought up the mental health facility in Roseland that was established in 2017 as an alternative to incarceration in the Jail. Comm. Moore urged that the County look to establish similar programs in Chicago.

Observers - Karin Hribar and Priscilla Mims

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Cook County Board Committee Meetings

1/28/2021

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Cook County Board of Commissioners
Committee Meetings - Wed. Jan. 27, 2021

Finance Committee – 9:30 am

Agenda Item 21-0694: Monthly report from CCH. Comptroller Lawrence reported a $259 million net favorable balance. This was due in part to receipt of 2 large settlements being received. Details of settlements are not discussed. It was stated that the financial status is important for maintaining ratings from rating agencies and interest of investment groups. Regarding impact of Covid 19 expenditures, if current federal proposal for aid to states and local governments has a similar formula to that used in Spring 2020, $500 million is expected.
Agenda Item 21-5660: (Moore) Proposal to substitute and to amend the Small Procurement Ordinance (20-5660). This changes the exemption from competitive bid process for procurements of same or similar goods or services from same vendor in same fiscal year to less than $15,000. This was a reduction from the amount specified in 20-5660. Approved. 16 Aye. 1 Absent/excused

Legislation & Intergovernmental Relations Committee – 11:00

Agenda Item 21-0495: This is the item as stated in the Agenda. Second substitute for 20-0495. Resolution calling on Federal government to implement policies to protect immigrant community and strengthen the immigration system in the US. Com. Anaya stated her office received an expression of support on this from the Consulate of Mexico. Com. Miller asked that the African diaspora be included and efforts be made to expand those conversations. Com. Anaya responded that inclusion of many groups is continuing in conversations on immigration. Resolution approved. 16 Aye. 1 Absent/Excused

Criminal Justice Committee – 12:30

Agenda Item 20-5479: A hearing on the detainees in Cook County Jail, focusing on those there for 5 years or longer awaiting trial. Representatives from Chief Judge, Sheriff, State’s Attorney, Clerk of the Court, Public Defender, and Director of Cermak Health Services were expected. This discussion started at 12:30 and was still continuing at 3:30. This observer concluded at 2:30.
Tanya Woods, Westside Justice Center, spoke regarding concerns on access to vaccines for those incarcerated, intensified needs for mental health services in black/brown communities, access to speedy trials, and ripple effects on families when a member is incarcerated.
Dr. David Olson, Loyola University, spoke specifically to time of detention in Cook County Jail, based on research conducted regarding incarceration of people for 5 years or more. Since Bond Court reform in Cook County, it is people accused of the most serious felony offenses involving violent offenses who are incarcerated longest. Better data is needed to compare Cook County to the rest of the state. He stated Illinois Dept. of Corrections lacks good data overall. For murder, 4.7 yr is the average detention for pretrial incarceration in Cook County; for IL, the average is 2.7 years pretrial. Dr. Young stated that the trend is longer time in Cook County system compared to IL. Time served in Cook County is would reduce time served, after sentencing, in state prison. Many commissioners had questions for Dr. Young which can be viewed on the recording.
Sarah Stout, Sr Policy Analyst for Appleseed gave public testimony, regarding short term and long term problems. One current issue that Covid19 closings have slowed resolution of cases. Early on, arrests were low but that is no longer the case. There is a need for a centralized docket to help catch up on cases and for updating technology for the exchange of documents.
Chief Judge T. Evans stated that the data complied recently by his staff showed 135 cases for people incarcerated for 5 or more years; that those were for murder, attempted murder, class X felonies. He stated 8 reasons for those cases still pending: 1-delays in discovery process 2-motions to withdraw as attorneys 3-attorneys have schedule conflicts 4-defendant represents self 5-defendant faces multiple charges which must be tried separately, 6-demand for jury trial, 7-post conviction appeal status 8-behavioral clinical exam indicates individual unfit for trial. Commissioners engaged with Judge Evans on many questions, including data discrepancies, plans to reopen courts, and complications of reopening due to Covid 19. There were additional presentations and discussion.

Carolyn Cosentino - Observer

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Cook County Departmental Budget Hearings Chief Judge

11/9/2020

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Cook County Board Finance Committee Departmental Budget Hearings
November 6

CHIEF JUDGE - TIM EVANS

Proposed 2021 Budget: $267,492,961 Proposed 2021 FTEs - 2783
2020 Budget: $277,958,472 2020 FTEs - 3029
Difference: ($10,465,510) decrease Difference - decrease 246

Highlights of Presentation and Questions:

Two more restorative justice courts “opened” but not yet being used—Englewood and Avondale. For 18-26 year olds to get “second chance” and to stay out of Criminal Justice (CJ) System. Involves the making the victim whole, dismissal of the case if completed. 12 new “peacekeepers have been hired and 12 more to be hired soon. Difficult to set up more of these courts as they need to be in “gang-neutral territory” and the costs lower. There will be an increase of judges available for these courts, but often prosecutors, defense attorneys don’t show up
Length of stay (in jail) question (carry over from Dart budget hearing) There were 9421 pending cases active since August. 85% (7945) of these were completed within 2 years, another 9% within 3 years. About 2-3% are very serious cases involving multiple murders, etc. and after 9 years they have not been completed. Some are on appeal, others require a lot of background investigation for trial (DNA, witness location, etc.), some awaiting sentencing. Evans stated that this long length of stay is “blown out of proportion.” Comm. Miller requested a public hearing on Length of Stay with all CJ departments.
Some delays in court proceedings are occurring due to the Clerk of the Court’s office having difficulty getting employees to work during COVID, so judges staff did that work. This is mostly a problem at the suburban sites and the Daley Center. He suggests sharing staff with the Clerk of the Court in the future.
Another glitch in the court system is that Odyssey Technology isn't working as it should to track cases. Mostly used in criminal cases; Evans suggests NOT using in civil cases.
In the Juvenile Temporary Detention Center (JTDC) (175 juveniles currently) there has been a cut back on some programs. For other at risk juveniles, there are other programs which appear not to be currently going on, or to a lesser extent—(after school gym, homework help, mentors, dinner, ride home). Low COVID rate at JTDC (less than 3%), as they are quarantined on arrival pending testing.
Reduction of 100 employees from Electronic Monitoring, probation, etc. Use of GPS saves money and staffing needs in the long run.
An evictions system will be in place when the moratorium on evictions is over.
Miller asked for data on mental health programs and other programs that are under the Chief Judge or others.
$6.3 million in budget for overtime, but Evans expects this to be reduced once more staff is hired. This is mostly in JTDC and mostly due to FMLA leave.
A concern by Comm. Johnson on the slow pace of expungement cases. Evans said the Clerk’ of the Court's office isn't sending petitions to the judge (Leroy Martin) for months—even in uncontested expungements. For contested expungements, there is a problem finding lawyers who would represent for free, having asst. states attorneys there, and only a small number of clerks trained to do the processing.
According to Ritzki (budget) there is a budget in Economic Development office to deal with CARES money and new programs in the criminal justice system—unclear what those are.
Bond court is “back to normal” (held within 24 hours of arrest), but that means all hearings are done on Zoom. They are live-streamed (audio only) on You-tube.

Evans indicated he plans to bring forth several amendments to his budget to restore probation officers and increase programs. Comm. Daley reminded all that this is an “extremely tight budget” and all amendments need to be budget neutral.

Observer - Karin Hribar

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Mid-Year Budget Hearings Continue for Cook County Board Finance Committee

7/24/2020

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CLERK OF THE COURT - Dorothy Brown
REVENUES 2020YTD (May 31, 2020) are down.
Budgeted: $37,650,000 Actual: $31,333,244 Variance: -$6,316,756 or -16.8%
EXPENSES 2020YTD (May 31, 2020) are down.
Budgeted: $49,276,430 Actual: $47.575.410 Variance: $1,701,020 or 3.5%
Holdback: $6,513,443 (achieved)
2021 Budgeted: Not in report, nor on Legistar

Other Information from presentation:

Criminal Case management system (through $37,000,000 contract with Tyler Technologies) is “working well”—Odyssey Program. Civil and Traffic Management is still being programmed. Not clear on which technology programs were up and running and which were still being worked on or not yet started.
Almost all court procedures are being done virtually or by email, mobile app, website.
Brown needed to pay “Hazard Pay” to get employees to come to work at court houses during COVID. $1.9 million. This will not be reimbursed by federal CARES money. Some other Court expenses will be reimbursed, but Brown needs to apply for these funds.
1400 employees total. 30 were/are COVID positive. Computers were purchased and borrowed for employees to take home to work from home. 85% of the total employees are back to work—many “are afraid and call out” (call in sick), even though plexiglass barriers and PPE has been purchased/used.
regarding Shakman: Daley asked Brown for a road map toward compliance. Brown said her team is working on it.
Expungement program is a big and popular program and several commissioners commented on it and thanked Brown. This removes the criminal records of certain individuals. This can be done virtually and will be done again August 1-September 25.
Has 207 open positions and has delayed hiring, which helped with the holdback. But hiring will begin again as it has been previously approved.

CHIEF JUDGE - Tim Evans
REVENUES: YTD (May 31, 2020) State of Illinois Salary Subsidies and Public Guardian Fees:
Budgeted: $29,152,899 and $1,600,000, respectively.
Actual: $24,876,994 and $1,047,774
Variance: -$4,275,905 -14.7% and -$552,226 -34.5%
EXPENSES: 2020 Budget YTD: $129,818,323 Actual: $120,923,415
Variance: $8,894,908 7%
Holdback: $17,213,803 Achieved: $14,643,203

Other Information from Presentation:

Court has been open to all except for civil and criminal jury trials. All court proceedings are being done by Zoom—virtually.
Collections have fallen to 23%of target from March through May due to COVID.
Three new Restorative Justice Courts are being set up: Avondale (August 10), Englewood (August 3) and another which I didn't catch. A fourth one will be at 26th and California (Leighton Courthouse) for all of Cook County. These courts are designed to stop the revenge shootings that have occurred so often.
All courts are open but almost all employees are working from home and are not in the courthouses and offices. Evans is thinking about remote jury selection process once this starts again. This would alleviate the large numbers of people coming to courthouses for jury selection process. Also mentioned was using large venues like McCormick Place for jury trials to facilitate social distancing.
The State Supreme Court as put a “toll” on speedy trials, since this is impossible to do now.
Comm. Suffredin mentioned that because landlords, banks, credit card companies, etc. will be filing next week, there will be a fee spike which is good for revenue.
The Charitable Bond Fund, passed by this CC Board, has bailed out 800 people for $2.8 million.

Observer - Karin Hribar

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Update on Actions to Improve Court Access for Victims of Domestic Abuse Provided to Cook County Board

Final Day of Cook County Board Mid-Year Budget Hearings

Cook County Board Committee Meetings

Cook County Departmental Budget Hearings Chief Judge

Mid-Year Budget Hearings Continue for Cook County Board Finance Committee

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