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Should state and local prosecutors have more power?

Friday, May 8, 2009 - Posted by Rich Miller

* The Tribune takes a look today at one of the reform commission’s proposals: Giving state’s attorneys and the attorney general more tools to prosecute corruption. This opinion was telling…

Besides, some judges and prosecutors say, the state’s criminal code, with its laws for conspiracy, bribery, theft and official misconduct, already gives prosecutors ample tools. County prosecutors, they say, simply do not use them.

“There’s all this whining when there are statutes on the books right now that let them do their jobs,” said Cook County Circuit Judge Daniel Locallo, a former county prosecutor.

Some county prosecutors covet the ability to use wiretaps without informing targets. The commission also wants a new law that would make lying to a state or local investigator a crime, like it is with the feds. But the judge is right that they do have plenty of tools already.

* Another widely heard push-back on the bill…

“States attorneys are political. The assistants are beholden to a political officeholder,” said state Sen. William Haine (D-Alton), who was a state’s attorney Downstate for 14 years. “Giving them a hammer and a saw is one thing. But giving them a large crane and a backhoe is something else.”

There are 102 state’s attorneys in this state and many of them are partisan animals. Is that enough to deny them these broader investigative powers? Well, that’s a big part of the debate.

* Here’s another good point, this time about the attorney general’s office…

Critics point out a potential pitfall in providing such investigative tools to an office that’s traditionally been a steppingstone for ambitious politicians. Madigan is the daughter of Illinois House Speaker Michael Madigan, who’s also chairman of the state Democratic Party. The critics say she could investigate his political foes and ignore wrongdoing by his allies. But the attorney general has pledged to go after corruption no matter where she finds it.

Lisa Madigan is not her daddy’s handmaiden, but many Republicans don’t feel comfortable giving her these powers and it’s hard to blame them. The same goes for Democrats who probably wouldn’t be overjoyed if somebody like DuPage County State’s Attorney Joe Birkett got the AG’s job and had this sort of latitude.

* Not mentioned in the story is this bit of history

[Former Illinois Attorney General Bill Scott] sued GM, Ford and Chrysler for conspiring to avoid installation of anti-pollution devices in cars. He sued the major airlines and power utilities for air pollution. He sued major industries like US Steel and Inland Steel for air and water pollution. He sued these utilities, industries, and the cities of Milwaukee, Wisc. and Hammond, Ind. for dumping toxic chemicals and raw sewerage into Lake Michigan, poisoning the largest body of fresh water contained within the United States. He sued GM for installing Chevy engines in their Oldsmobiles.

And then Attorney General Scott was imprisoned for a year and a day on tax fraud charges.

We have a habit in this state of electing corrupt people, including to the AG’s office, so giving those people the power to investigate their political rivals for corruption could be a dangerous idea.

* Semi-related…

* Do the expanding [national] pension scandals have a Chicago connection?

* Blago’s lawyers: Evidence will take 51 years to get through

* Blagojevich lawyers would take reduced fees

       

17 Comments
  1. - bored now - Friday, May 8, 09 @ 1:00 pm:

    i always knew that blago was a slow reader…


  2. - John Bambenek - Friday, May 8, 09 @ 1:11 pm:

    I largely believe that this is mostly political cover for the State’s Attorneys and AG for doing nothing about corruption for years. They’ve got plenty of power, they never even tried to use any of it. Once Blago’s corruption made the front page of the Trib, LMad called the FBI to tip them off to something they were on already for years.

    If it weren’t for Anita Alvarez being on the Illinois Reform Commission, I doubt this would have even come up.

    I would rather let private individuals prosecute public corruption DIRECTLY (with some obvious restrictions, caveats, etc). They have to prove probable cause to a court to get subpoena power and all that, but let’s let the people prosecute their own corrupt politicians, instead of requiring politicians to police themselves.


  3. - Rich Miller - Friday, May 8, 09 @ 1:14 pm:

    ===Once Blago’s corruption made the front page of the Trib, LMad called the FBI to tip them off to something they were on already for years.===

    And yet again, you twist history for your own purposes.


  4. - Joe in the Know - Friday, May 8, 09 @ 1:21 pm:

    Tip O’Neill, as it goes, wrote a book entitled: “All Politics is Local”. And therein lies the rub. Local prosecutors are inherently political so their motivation to “clean-up” government will rest solely at the doorsteps of the polical enemies. Just think what that doofus Tony Peraica would have done to the Cook County State’s Attorney’s office. Jeesh. I perish the thought.

    The prosecution of political corruption is best left to the feds where it belongs.


  5. - fed up - Friday, May 8, 09 @ 1:22 pm:

    The critics say she could investigate his political foes and ignore wrongdoing by his allies. But the attorney general has pledged to go after corruption no matter where she finds it.

    Whats amazing is that in arguably the most corrupt state in the country Little lisa cant find any wrong doing.


  6. - Anon III - Friday, May 8, 09 @ 1:42 pm:

    102 state’s attorneys and one attorney general on the job, not counting assistants. Can anyone identify any non-federal prosecution within the last five years of any Illinois Campaign Disclosure Act violation, or of any bribery or corruption of a local district or local government official ?


  7. - John Bambenek - Friday, May 8, 09 @ 1:43 pm:

    Rich-

    What exactly would “my own purpose” be? I’m not precisely running for governor or AG. ;)

    She could have done something, she did nothing.


  8. - Rich Miller - Friday, May 8, 09 @ 1:53 pm:

    ===Can anyone identify any non-federal prosecution within the last five years===

    Democratic Rep. Patricia Bailey springs immediately to mind.


  9. - Tom Joad - Friday, May 8, 09 @ 1:55 pm:

    What does former A. G. Bill Scott’s suing of large corporations for polution in Illinois have to do with him hiding cash from his wife during a divorce? The money was not the product of going after these corporations. The attempt to connect these two separate events does not make sense.


  10. - Vote Quimby! - Friday, May 8, 09 @ 1:59 pm:

    Haine should know all about SAs being “beholden.” As SA he approved the 2000 redistricting map for Madison County which was overturned (and, actually ridiculed) by a Democrat judge (Hulme v. Madison County). But curiously he had no primary competition for Sen. Evelyn Bowles seat….


  11. - Rich Miller - Friday, May 8, 09 @ 2:00 pm:

    ===The attempt to connect these two separate events does not make sense. ===

    Crusading, do-gooder populist Republican with an incredibly bright future shot down in flames. That’s the connection.


  12. - Scott Summers - Friday, May 8, 09 @ 2:30 pm:

    I’ll preface this by freely admitting that I am a famously unrepentant goo-goo.

    That said………….

    If memory serves — about thirty years ago, the GA considered having multi-county “districts” for state’s attorneys.

    Permit me to refurbish — and then embellish upon — this eminently practical idea.

    Let’s winnow down 102 state’s attorneys to fewer than two dozen.

    Specifically — let’s have one prosecutor for each of the state’s twenty-three judicial circuits.

    And in order to scale back the too-political nature of the present system — let’s have the elected judges in each of the circuits appoint each “circuit prosecutor”, in the same fashion they presently appoint associate judges.


  13. - dupage dan - Friday, May 8, 09 @ 3:20 pm:

    The reality of rooting out corruption in this state is that it won’t happen at the SA or the AG level due to the nature of their power base. Even the US atty office is not immune to that. Until Peter Fitzgerald brought Patrick Fitzgerald into the US attorney office, north district, the corruption in this state was pretty rampant. If the US atty office, once again, becomes the province of the power structure (as it would have if Hastert had had anything to do with it) it will go back to business as usual.

    I fear we voters can’t tell a snake oil salesman from a true honest reformer. Past history sure confirms that.


  14. - John Bambenek - Friday, May 8, 09 @ 4:18 pm:

    Prosecution is an executive function. The judicial is obviously judiciary. Have judges appoint the prosecutor is a rather egregious separation of powers issue.


  15. - Anon III - Friday, May 8, 09 @ 5:51 pm:

    Is that it for 102 State’s attorney’s & an AG? I think you make the point: for all practical purposes, there is no enforcement.

    Rep. Bailey indicted Sept. 2004 for filing fslse paper-work concerning her residency. Convicted 2005.


  16. - Yellow Dog Democrat - Saturday, May 9, 09 @ 11:44 am:

    === There are 102 state’s attorneys in this state and many of them are partisan animals. Is that enough to deny them these broader investigative powers? Well, that’s a big part of the debate. ===

    Check your history books, folks.

    Mike Royko, ‘Boss’:

    If it hadn’t been for the 1956 elections, Daley’s first term would have been perfection. It was a Republican year, with Eisenhower rolling over Stevenson and Governor Stratton beating Daley’s handpicked patsy…The real political jolt was at home in Cook County, where Ben Adamowski, the frustrated Pole, switched parties and was elected, with heavy suburban support, as state’s attorney….He had four years to get something on Daley, either directly or through the Machine creatures. As the county’s chief prosecutor, he could haul Democrats before grand juries, obtain indictments, maybe send somebody to jail and, at the least, create a whirlwind of damaging publicity. Even if a flimsy case fell apart in court, the headlines could wreck a politician. Daley was aware of that. Look what his state’s attorney had done to Frank Keenan.

    Even more than 50 years ago, local state’s attorneys wielded enough power to put the fear of God into a guy like Mayor Daley.

    Our current crop doesn’t need new laws, they need spines.

    Footnote

    Lord help the current mayor of Chicago if Mike “The Reformer” Quigley ever decides to run for State’s Attorney.

    Oh wait…Quigley conveniently won the Daley Machine wards and is currently in exile in Washington.

    Instead of making reform news these days, Quigley’s only making the news for requesting earmarks.


  17. - wordslinger - Monday, May 11, 09 @ 10:10 am:

    YDD, there are those that will tell you that the legendary Cook County vote fraud in 1960 was not so much to elect Kennedy (who would have won without Illinois) but to defeat Adamowski for re-election.

    He had spearheaded the Summerdale investigation and prosecution which had shaken the young administration of Richard J.

    After his defeat by Daniel Ward, Adamowski challenged Daley for mayor in 1963. They battled to a virtual draw in the white ethnic wards, but with the help of Congressman Dawson and The Outfit, Daley piled up enormous margins on the South and West sides for victory.


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