Isabel’s afternoon roundup
Thursday, Nov 21, 2024 - Posted by Isabel Miller
* Governor Pritzker…
Far too often, people with disabilities still endure barriers to employment and discrimination in the workplace. Many are paid subminimum wages that devalue their contributions and diminish their likelihood to secure meaningful work and participate in other life enhancing activities.
The Dignity in Pay Act is an unprecedented, crucial leap forward to a future where all individuals, regardless of ability, can maximize their talents and contributions to our workforce—and earn a fair wage. Thank you to Chief Bill Sponsors Representative Teresa Mah, Senator Cristina Castro, bipartisan partners in the Illinois General Assembly, and all of the civil rights, human rights, organized labor, anti-poverty, and trade associations who worked together to achieve a more equitable and inclusive Illinois.
With the Illinois Department of Human Services (IDHS), the Illinois Council on Developmental Disabilities, and the Illinois Department of Labor, we will join more than a dozen states in phasing out this practice over the next five years. This law will create employment opportunities for people with disabilities by providing a five-year transition period for employers and employees, establishing a support program to provide resources and assistance to service providers, raising the Personal Needs Allowance for group home residents, and increasing Supported Employment Rates to expand competitive, integrated work opportunities statewide.”
* Capitol News Illinois…
A conservative Catholic legal group is suing Illinois over a landmark state law enshrining a “fundamental right” to abortion care and requiring insurance companies to cover abortion and other reproductive health care.
The lawsuit, filed Wednesday in federal court in Chicago by the Thomas More Society, seeks to prevent the state from requiring insurers to cover abortion coverage by arguing that doing so violates the First Amendment and 14th Amendment rights of its plaintiffs.
It also argues that the state is in violation of the Comstock Act, which criminalizes mailing abortion-related materials, because it requires health insurers to cover providers who send abortion medication in the mail. […]
The lawsuit also relies on the Coats-Snowe Amendment and the Weldon Amendment, which prevent states that receive federal funding from discriminating against health care entities because they don’t provide abortions.
* Daily Southtown…
Will County Board member reelected to his position spent this month sowing doubts into the integrity of the election via several now-deleted Facebook posts.
Vince Logan, a Republican from Joliet, was the second highest vote-getter among four candidates in the County Board’s 7th District based on results posted both on Election Day and after provisional ballots and all remaining mail-in ballots were counted Tuesday. Voters select two county board members per district, which reelected Logan for a four-year term. Newcomer Dawn Bullock, a Democrat, received the most votes in the District 7 race.
Between Election Day and Tuesday, Logan posted several messages on social media alleging the county clerk’s office may have been cheating. Posts, which have since been deleted from his campaign Facebook page, stated, “Opportunity to cheat is huge,” and “Alarm bells ringing.”
Logan claimed via the posts that the Democrat county clerk knew the exact votes needed for him to lose and questioned his motivation to incorrectly count the ballots, which included to tilt the balance of the board or elect the county executive’s attorney a judge. Some of his posts were shared on Facebook more than 100 times each, further spreading the allegations.
County Clerk Chuck Pelkie said the allegations were false.
* Illinois Department of Employment Security…
Over-the-year, total nonfarm jobs increased in eight metropolitan areas and decreased in six for the year ending October 2024, according to data released today by the U.S. Bureau of Labor Statistics (BLS) and the Illinois Department of Employment Security (DES). Over-the-year, the unemployment rate decreased in six areas, increased in six, and was unchanged in two.
“Illinois continues to benefit from job growth and positive economic trends in every corner of the state,” said Deputy Governor Andy Manar. “As payroll expansion continues to motivate eager jobseekers, IDES and its local area workforce partners remain focused on providing the necessary services and tools to get workers matched with employers.”
The metro areas which had the largest over-the-year percentage increases in total nonfarm jobs were the Springfield MSA (+1.9%, +2,000), the Champaign-Urbana MSA (+1.7%, +2,100) and the Carbondale-Marion MSA (+1.3%, +800). The metro areas which posted the largest over-the-year decreases in total nonfarm jobs were the Danville MSA (-1.8%, -500) and the Peoria MSA (-1.1%, -1,900). Total nonfarm jobs in the Chicago Metro Division were nearly unchanged (0.0%, -600). Industries that saw job growth in most of the metro areas included: Government (twelve areas); Private Education and Health Services (eleven areas); Other Services (nine areas); and Mining and Construction (eight areas).
The metro areas with the largest unemployment rate decreases were the Rockford MSA (-0.7 percentage point to 5.4%), the Decatur MSA (-0.3 percentage point to 5.8%) and the Kankakee MSA (-0.3 percentage point to 5.4%). The metro areas with the largest unemployment rate increases were the Chicago Metro (+1.2 points to 5.5%), the Davenport-Moline-Rock Island IA-IL MSA (+0.7 point to 5.4%), the Danville MSA (+0.4 point to 6.2%), and the Bloomington MSA (+0.4 point to 4.3%). There was no unemployment rate change in the Carbondale-Marion MSA and Elgin Metropolitan Division.
*** Statewide ***
* Crain’s | Illinois hydrogen project gets initial federal funding: The Midwest Alliance for Clean Hydrogen has inked a contract with the Department of Energy for $22.2 million to start planning a Midwest hydrogen hub. The multi-state hydrogen project called MachH2 could involve up to a $1 billion investment over a dozen years and create more than 12,000 jobs. The goal is to demonstrate how hydrogen fuel cells might work at commercial scale. Illinois plays a central role in the regional project, which also includes Iowa, Indiana and Michigan.
*** Chicago ***
* Block Club | Woman Dead After Judge Declines To Jail Her Alleged Abuser: ‘The System Failed Her’ : Amanda Pyron, president of The Network: Advocating Against Domestic Violence, called for Nowinski to be reassigned from the domestic violence division and to no longer preside over any domestic violence cases. “Judge Nowinski’s failure to protect the community has now resulted in two tragic, preventable murders,” Pyron said in a statement. “When survivors go to the courts for protection, that protection must be effective. Judge Nowinski has failed in that duty, and allowing him to continue to hear domestic violence cases sends the wrong message to survivors across Chicagoland.”
* Block Club | ‘Pretty Impressive’: More Than 50% Of Voters Cast Ballots In Chicago’s First School Board Election: Out of a total 1,498,873 registered voters, 801,878 cast ballots for the city’s 10 school board districts, according to Max Bever, spokesperson for the Chicago Board of Elections. That means 53 percent of the city’s registered voters showed up and picked candidates for school board races. According to one estimate from the National School Boards Association, just 5-10 percent of registered voters vote in school board races.
* Tribune | Lake Michigan water levels drop to lowest in years amid warmth and lack of rain: “It’s a complicated picture,” said Lauren Fry, a scientist with the National Oceanic and Atmospheric Administration Great Lakes Environmental Research Laboratory A few inches might not seem like a lot, but Fry said “it’s noteworthy” that October was the first time since 2014 that the monthly average was below the long-term average for any month. The lake’s all-time record low was in January 2013.
* Borderless | Sensitive Migrant Data Mishandled, Former Chicago Shelter Contractors Allege: In a complaint submitted to the U.S. Department of Health and Human Services (HHS) this month, two former Favorite Healthcare Staffing case managers contracted by Favorite alleged that Chicago’s shelters violated health information privacy laws by allowing shelter staff to access and download sensitive information on their own personal devices. The complaint notes that Favorite, the staffing company the City of Chicago hired to manage the migrant shelters, did not require data to be encrypted and allowed employees and independent contractors to share medical and other personal information over insecure communication channels.
* Crain’s | Johnson’s proposed alcohol tax hike likely dead amid pushback from Chicago’s hospitality industry: The proposal would raise the tax on beer 10 cents to $0.39 per gallon and the tax on spirits almost $1 to $3.62 per gallon. Other alcoholic beverages would also see taxes rise. At the liquor store, that would look like a 3-cent increase on a bottle of wine, a 6-cent increase on a six-pack of beer and a 19-cent increase on a bottle of liquor, according to the mayor’s office. The increase would result in an estimated $10.6 million in annual revenue.
*** Cook County and Suburbs ***
* WBEZ | Cook County Board unanimously approves nearly $10 billion budget for 2025: Democratic Commissioner Bridget Degnen spearheaded the effort to amend the budget to provide $2 million in grants to community organizations that provide wraparound reproductive health services. These organizations help cover the cost of everything from hotel stays and travel to medical bills for people seeking abortions.
* Coalition to End Money Bond | Cook County Board approves sunsetting the sheriff’s electronic monitoring program: After years of community pressure, Cook County will begin the process of sunsetting the Sheriff’s electronic monitoring program. Today, the Cook County Board of Commissioners passed a budget amendment that will reduce funding for the Sheriff’s electronic monitoring program and increase funding for the Office of the Chief Judge in preparation for unifying the county’s duplicative pretrial electronic monitoring programs. The Illinois Network for Pretrial Justice celebrates this historic announcement. For years, our coalition has called for the dismantling of the Sheriff’s electronic monitoring program, which expanded mass incarceration and harmed tens of thousands of people subjected to pretrial surveillance as well as their families.
* Sun-Times | Crystal Lake man pleads guilty in Jan. 6 case: Giacchetti was part of a group of rioters who made their way into the U.S. Senate Gallery, where he yelled “Where’d you go?” — as senators had evacuated the building — and “Treason” using the same bullhorn, authorities said. After leaving the gallery, he allegedly confronted journalists, broke Associated Press-owned equipment and pushed over a camera on a tripod, striking a reporter.
* Daily Herald | Wheeling Township to decide on funding for mental health board: Wheeling Township Supervisor Kathy Penner is recommending the township board approve the Wheeling Township Community Mental Health Board’s request of $809,550 for the upcoming fiscal year beginning March 1, 2025. Penner made the recommendation at Tuesday’s township board meeting. The mental health board made the request at its Nov. 13 meeting. The township board will vote on the recommendation in December. She said the township would use funds from available township fund balances, instead of increasing property taxes for township residents.
* WBEZ | West Suburban hospital abruptly cuts ties with midwives and family medicine doctors: Citing the risk of losing liability insurance, West Suburban Medical Center will no longer allow midwives and family medicine physicians to deliver babies at the hospital, abruptly severing ties with a popular group of providers effective next week. The sudden announcement on Monday prompted anger from the midwives and family medicine providers at PCC Community Wellness Center, who have delivered at West Suburban in Oak Park for at least 20 years. The hospital and these providers have become a destination for pregnant people who want a more holistic birth with little medical intervention. PCC mostly treats low-income Black and Latino patients on the West Side, but women from across the region have sought out PCC’s midwifery care.
*** Downstate ***
* WIFR | University of Illinois Chicago-Rockford adds nursing program for non-RNs: Referred to as a direct-entry program, the Master of Science in Nursing Program for non-RNs is designed for students who already have a bachelor’s degree in a different subject and want to become a registered nurse. Students will take six semesters of hybrid courses, with on-campus requirements and clinical site placements.
* WTVO | Historic Winnebago landmark is saved from demolition: The Winnebago County Forest Preserve Board voted against tearing the historic landmark down on Wednesday. An early settler built the home using 400-million-year-old limestone on land that is now considered the Severson Dells Forest Preserve. The aging home is facing major repairs to keep it standing, but one supporter said the building was built to last.
* Riverbender | Former Southern Illinois Police Chief Facing Federal Charges, Accused of Public Corruption: A federal grand jury returned an indictment charging the former Wayne City police chief with selling forfeited items confiscated by the department for his personal benefit. Anson Fenton, 46, of Belle Rive, is facing one count of misapplication of property from federally funded programs and one count of interstate transportation of stolen property.
*** National ***
* Columbia Journalism Review | Journalists Are Leaving X for Bluesky. Will They Stay There?: While X hit a yearly traffic peak on Election Day, that was followed by the highest exit numbers since Musk acquired the platform, then known as Twitter, in 2022: over a hundred and fifteen thousand users in the US deactivated their accounts the day after the election, according to The Independent. The exodus has translated, at least in part, into a surge of new users joining Bluesky, a social network launched by Jack Dorsey in 2019, while he was still the chief executive of Twitter.
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HGOPs whacked for opposing lame duck session
Thursday, Nov 21, 2024 - Posted by Rich Miller
* House Speaker Chris Welch and Senate President Don Harmon have both told their chambers to be prepared to return January 2-7 for a lame duck session. As you will recall, Gov. Pritzker and the two Democratic legislative leaders have talked about “Trump-proofing” the state, starting in lame duck session. In response, here’s House GOP Leader McCombie…
Following the adjournment of legislative veto session in the Illinois House, House Minority Leader Tony McCombie issued the following statement:
“We do not need more time for out-of-touch Democrats to dream up harmful legislation. We need bipartisan legislation that focuses on the issues Illinois families care about most. Until the Democrat majority can get their priorities in order, the House Republicans oppose a Lame Duck session.”
* I asked Speaker Welch’s spokesperson Jaclyn Driscoll for a response…
House Republicans oppose affordable, accessible health care. They oppose protecting our environment and reproductive care. They oppose public education, child care assistance, common-sense and lifesaving gun reform, and affordable housing. They’ve voted against making college more affordable and an increase in MAP grant funding. They oppose labor rights. They’ve opposed multiple balanced budgets that returned our state to A-level credit. It isn’t completely surprising to learn that House Republicans now also oppose coming to work altogether. Thankfully, Democrats remain committed to delivering lasting results for all of Illinois and continuing the people’s work in January.
Discuss.
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* Associated Press…
In 2022, New York City’s jails commissioner, Louis Molina, issued a dire warning to local lawmakers: fentanyl was pouring into Rikers Island through the mail, he said, spurring an overdose crisis among the jail’s detainees and putting guards at risk.
As evidence of the insidious threat, Molina passed around a child’s drawing of a reindeer, one of hundreds of seized items he said had been “literally soaked in the drug and mailed to people in custody.”
But that claim was based on faulty drug-testing kits with a stunning 85% false positive rate, according to a report released Wednesday by the city’s Department of Investigation. The report found the city vastly overstated the prevalence of fentanyl sent by mail to detainees. […]
The review by the Department of Investigation found DetectaChem’s test strips had a false positive rate of 79%, while Sirchie’s were wrong 91% of the time.
As I told you in September, the Illinois Department of Corrections uses Sirchie to test items for drugs.
* Back to the AP story…
Detainee advocates have long contended that drugs primarily enter the jail system via employees, who can easily smuggle them inside and sell them to gang leaders. In recent years, dozens of correction officers have been charged in multiple investigations of smuggling rings on Rikers Island.
In its report, the Department of Investigation said corrections officials had failed to implement many of the department’s previous recommendations aimed at screening staff for contraband.
As we’ve told you before, various reports have shown that moving to electronically scanned prison mail has actually resulted in increased drug overdoses.
* And yet, the drumbeat here continues to electronically scan mail. I’m kinda wondering if a private company is behind this push…
* WBEZ | Here’s why some lawmakers want to ban paper mail going into Illinois prisons: Drug-soaked paper is making its way into Illinois prisons, causing overdoses and staff safety concerns. But banning it could pose legal issues.
* The Southern Illinoisan | Friess, Windhorst sponsor Illinois House bill to make prison mail electronic: “Instead, we’ve seen a letter from several representatives of the majority party stating that mail services should continue despite clear evidence that this is how dangerous substances are entering our facilities,” Friess said. “While we all value the connections that physical mail provides, it’s hard to ignore the very real risk to safety that comes with it right now.”
* Center Square | IL Department of Corrections quiet after lawmakers address drug-infused mail: John Howard Association Executive Director Jennifer Vollen-Katz said understanding where the contraband is coming from and what kind of contraband is getting into the prison is the first step. Vollen-Katz called the banning of physical mail a “knee-jerk reaction.” “Mail is one of the ways contraband comes in but it’s not the only one,” said Vollen-Katz. “It could be staff, it could be through vendors who work on contracts with IDOC, it could be visitors. There’s a lot of different ways contraband could get into prisons. Understanding what’s getting in and how is really critical information to solving the problem.”
I have tried and tried to get a response out of IDOC without success. Its silence is absolutely ridiculous.
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* Some good background is here and here on Glorioso v. Sun-Times Media Holdings. The state statute in question is here. The Sandholm case referenced below is here.
* Illinois Supreme Court Justice David Overstreet wrote the opinion, with all justices concurring except Justice Rochford, who took no part in the decision…
Defendants, Sun-Times Media Holdings, LLC, and Tim Novak, appeal the judgment of the appellate court, which affirmed an order of the circuit court of Cook County that denied their second motion to dismiss the defamation complaint filed by plaintiff, Mauro Glorioso. On appeal, defendants contend the complaint is subject to dismissal as a “Strategic Lawsuit Against Public Participation (SLAPP)” pursuant to section 15 of the Citizen Participation Act (Act). 735 ILCS 110/15 (West 2022). For the following reasons, we find the lawsuit is not a SLAPP and affirm. […]
The [appellate] court noted precedent finding that a newspaper’s investigatory reporting on the activities of government fell into the activities protected by the Act but found major distinctions between those activities and the publication of the articles. Because the articles were published as news, rather than editorial or opinion pieces presenting the thoughts or stance of the writer, and had no bearing on any election, the court found that whether procuring favorable governmental action was the purpose of the articles remained an unsettled issue of fact.
That’s just ridiculous reasoning. Facts can clearly have as much or more bearing on governance and elections than opinion. But the top court bought it…
As we have stated, the first prong of the post-Sandholm test requires defendants to show that the movants’ acts were in furtherance of their rights to petition, speak, associate, or otherwise participate in government to obtain favorable government action. Defendants argue that, because the articles are “investigative reports” about the activities of a public official within a government agency, they address a matter of public concern and thus constitute “acts in furtherance of [defendants’] right to petition, speak, associate, or otherwise participate in government” within the meaning of section 15 of the Act. Plaintiff disagrees, arguing that an act of petition, speech, or association is not in furtherance of the right to participate in government within the meaning of section 15 unless it is aimed at procuring favorable government action or outcome. We agree with plaintiff. The Act’s plain language encompasses acts of “participation in government” and does not contain language extending such protection to speech regarding matters of public concern that do not amount to “government” participation.
* More…
The declared policy of the Act is to protect “the constitutional rights of citizens and organizations to be involved and participate freely in the process of government.” While section 5 speaks to the vitality of “[t]he information, reports, opinions, claims, arguments, and other expressions provided by citizens”, nowhere in section 5, or anywhere else in the language of the Act, is there any mention of news media or the freedom of the press. This is not to minimize or understate the importance of the press and other news media in our democracy. Our jurisprudence is replete with privileges and other protections designed to protect these concerns, many of which remain at issue in this lawsuit. We are simply holding that the Act specifically protects government participation and does not encompass all media reports on matters of public concern as advocated by defendants.
The Illinois General Assembly needs to add the news media to the SLAPP Act post-haste…
[Appellate] Justice Hyman dissented [in the appellate ruling], asserting that appellate decisions since Sandholm have strayed from its reasoning and erroneously required that a lawsuit be “ ‘meritless and retaliatory’ ” in order to be dismissed as a SLAPP. The dissent painstakingly outlined the origins of the test and its application by the appellate court in order to show that the retaliatory requirement has no basis, will encourage the filing of SLAPPs, and is unworkable. In Justice Hyman’s view, the articles were clearly published in sole furtherance of government participation because they reported on government malfeasance and were “undeniably newsworthy and of interest to the public,” which could lead to reform.
Hyman is exactly right. But there’s nothing to be done about it now except change the law.
* It’s important to note that even if the news media was explicitly included in the statute, that still might not have saved the Sun-Times because of another aspect of the court’s reasoning…
Turning to the second element of the Sandholm test, the appellate court agreed that whether plaintiff’s complaint is filed solely based on defendant’s exercise of political rights requires a showing that the suit is both meritless and retaliatory. With regard to lack of merit, the appellate court agreed with the circuit court, finding as follows:
“We find that [defendants’] reporting could reasonably be read as not fair, accurate, or truthful by creating the implication that [plaintiff] was more culpable in the alleged activity than the anonymous complaint claimed, both in terms of his supposed actions and his supposed authority over PTAB employees. These are questions of fact that allow [plaintiff’s] complaint to survive the pleading stage. Defendants have failed to meet their burden of proving that [plaintiff’s] lawsuit is meritless.”
Turning to the issue of whether defendants showed that plaintiff’s complaint is retaliatory, the appellate court noted that this issue concerns whether plaintiff’s goal in filing the lawsuit was to seek damages for the harm caused to his reputation and character or whether the sole intent was to chill defendants’ rights of petition and speech related to participation in government. The court noted precedent that identified two factors considered on this issue: (1) the timing of the lawsuit and (2) the relationship between damages requested and the injury. In evaluating these factors, the appellate court concluded that defendants failed to show plaintiff’s lawsuit is retaliatory.
In my opinion, this case should never have been brought to the Supreme Court. What a mess.
…Adding… I talked to one of the lead lobbyists on the original SLAPP bill, who said there was no perceived need to mention news media in the language at the time, “because - until this decision today - no court had ever drawn a distinction regarding who was doing the speaking. Speech is speech. It didn’t matter if the speaker was part of the news media or not.”
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* Courthouse News Service…
Ed Moody, a former Cook County commissioner, Cook County recorder of deeds and Chicago 13th Ward precinct captain, took the stand Wednesday in the ongoing federal corruption trial of ex-Illinois House Speaker Mike Madigan. His testimony gave the jury a look into how Madigan’s political network in Chicago operated.
Moody testified that he began working in politics in Chicago in the early 1990s alongside his brother Fred. The brothers met Madigan in 1989 or 1990, Moody said, and they earned a reputation as effective political canvassers during the 1992 elections. Madigan’s political office in Chicago’s 13th Ward — which overlapped with his state legislative district — made them local precinct captains, charged with turning out Democratic votes. By 1994, Moody said he and his brother were training other Democratic political workers, and that Madigan attended their training seminars.
Moody stayed active in Chicago Democratic politics for more than two decades afterward, and said he landed a court coordinator job with the Cook County court system in 1993 with Madigan’s help. He kept that gig for 23 years, and was appointed a Cook County commissioner in October 2016 to fill a recent vacancy. He served in that role for two years before becoming Cook County recorder of deeds, a now-abolished position, from December 2018 to December 2020.
Through it all, he credited Madigan as his patron.
“He’s my political leader,” Moody said of Madigan on Wednesday.
* Capitol News Illinois…
In 2011, after two decades of steady campaign work – which eventually turned from volunteer hours to paid labor – Moody approached Madigan with a request. As he approached his 50th birthday, he realized he needed to save more for his retirement, despite the pension guaranteed to him from his years working for Cook County government. Moody asked the speaker if he could connect him with some political consulting work in order to earn an extra $45,000 a year.
But Moody said the speaker didn’t give him an answer in their initial meeting, and he never heard from Madigan afterward. The lack of response from their political mentor made both him and his brother “hurt and upset.” So, Moody set up another meeting with the speaker, this time with his twin in tow.
On Wednesday, he described the emotional meeting and said the normally taciturn Madigan grew upset too.
“He said, ‘calm down, calm down,’” Moody recalled. “He said ‘you’ll get your contract.’ … As the conversation was settling down a bit, Mr. Madigan said, ‘This is how I reward my good soldiers.’”
* Tribune…
According to his testimony, from 2012 to 2019, Moody was sent some $354,000 from ComEd through Madigan-connected contractors for essentially no work, beyond making a few pointless phone calls.
One person he supposedly worked for, Shaw Decremer, never even talked to him about it in person, Moody testified. When he saw Decremer once on the street downtown, he was on his cellphone and looked busy, and simply gave Moody a “thumbs up” before moving on, Moody said.
Throughout his time on ComEd’s payroll, Moody said, Madigan assured him that everyone was happy with the arrangement. In fact, in 2018, when Moody’s contract was moved again to another lobbyist, John Bradley, the speaker told him in no uncertain terms he had “nothing to worry about.”
At the time, Moody was campaigning on Madigan’s block, working against state Sen. Martin Sandoval’s daughter, Angie, who was running for Cook County commissioner. Moody said Madigan had thrown his political resources behind Jesús “Chuy” García’s favored candidate, Alma Anaya.
* Sun-Times…
As part of his deal with McClain, Moody said he made one round of phone calls to state lawmakers each month — a task that took him an entire hour. Between January and April 2013, he said he also made a canvassing effort on behalf of ComEd.
Then, the arrangement changed. Moody’s money began to flow instead through then-City Club President Jay Doherty, and then through firms belonging to Shaw Decremer and John Bradley, who also have ties to Madigan. Jurors have previously been told that all the money originated with ComEd.
Unlike with McClain, Moody said he did no work at all for the others. He also said that, when the arrangement first began, McClain told him it was “one hell of a plum.
“And I owe the speaker big.”
* Moody is back on the stand this morning…
* More…
* Crain’s | Judge closes book on bribery case against AT&T tied to Madigan: Prosecutors asked U.S. District Judge Jorge L. Alonso today to dismiss the case, part of a deferred prosecution agreement the telecommunications giant entered into two years ago in the sprawling public corruption investigation, Chicago Sun-Times reports. The judge said he would sign the order. AT&T had admitted paying $22,500 to an associate of Madigan’s to influence legislation in Springfield but did not plead guilty to any crimes. Prosecutors charged former AT&T Illinois President Paul La Schiazza with participating in the alleged conspiracy, and his trial ended in a hung jury in September.
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* Background is ubiquitous, so use the Google. Definition of Nolle Prosequi according to the Law Dictionary…
Lat. In practice. A formal entry upon the record, by the plaintiff in a civil suit or the prosecuting officer in a criminal action, by which he declares that he “will no further prosecute” the case, either as to some of the counts, or some of the defendants, or altogether. A nolle prosequi is in the nature of an acknowledgment or undertaking by the plaintiff in an action to forbear to proceed any further either in the action altogether, or as to some part of it, or as to some of the defendants; and is different from a non- pros., by which the plaintiff is put out of court with respect to all the defendants.
* And now on to People v. Smollett. Illinois Supreme Court’s Justice Rochford with the opinion concurred by four justices, with two others (Chief Justice Theis and Justice Cunningham) not participating…
“The public justifiably expects the State, above all others, to keep its bond.” - Bowers v. State, 500 N.E.2d 203, 204 (Ind. 1986).
Today we resolve a question about the State’s responsibility to honor the agreements it makes with defendants. Specifically, we address whether a dismissal of a case by nolle prosequi allows the State to bring a second prosecution when the dismissal was entered as part of an agreement with the defendant and the defendant has performed his part of the bargain. We hold that a second prosecution under these circumstances is a due process violation, and we therefore reverse defendant’s conviction. […]
That the parties intended finality is also supported by page after page of the [Office of the Special Prosecutor’s] summary report. There is no indication anywhere in the report that the [Cook County State’s Attorney’s Office] intended to further prosecute defendant, and there is every indication that the CCSAO considered the case resolved. […]
Defendant argues that he entered into a nonprosecution agreement with the State, that he fully performed his part of the agreement, and that therefore any further prosecution of him was barred. […]
We agree with Justice Lyle that the assistant state’s attorney’s statement on March 26, 2019, clearly showed that the parties intended finality. Again, the assistant state’s attorney stated that this outcome was a “just disposition and appropriate resolution to this case.” This is not the statement of someone who intends to refile the charges. […]
Because the charges were dismissed in exchange for defendant’s community service and forfeiture of his bail bond and because defendant fully performed his end of the agreement, the State is bound by the agreement. […]
Illinois case law establishes that it is fundamentally unfair to allow the prosecution to renege on a deal with a defendant when the defendant has relied on the agreement to his detriment. […]
The proper prosecutor rule exists to protect defendants, not to allow the State to take advantage of its own errors to get a do-over.
* Conclusion…
We are aware that this case has generated significant public interest and that many people were dissatisfied with the resolution of the original case and believed it to be unjust. Nevertheless, what would be more unjust than the resolution of any one criminal case would be a holding from this court that the State was not bound to honor agreements upon which people have detrimentally relied. As the Supreme Court of Pennsylvania recently stated when enforcing a prosecutorial promise not to prosecute:
“It cannot be gainsaid that society holds a strong interest in the prosecution of crimes. It is also true that no such interest, however important, ever can eclipse society’s interest in ensuring that the constitutional rights of the people are vindicated. Society’s interest in prosecution does not displace the remedy due to constitutionally aggrieved persons.” Cosby, 252 A.2d at 1147.
That court further noted the consequences of failing to enforce prosecutorial promises when a defendant has relied on them to his detriment:
“A contrary result would be patently untenable. It would violate long-cherished principles of fundamental fairness. It would be antithetical to, and corrosive of, the integrity and functionality of the criminal justice system that we strive to maintain.”
We reverse the judgment of the appellate court, reverse the judgment of the circuit court, and remand the cause with directions for the circuit court to enter a judgment of dismissal.
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It’s just a bill (Updated)
Thursday, Nov 21, 2024 - Posted by Isabel Miller
* WGEM…
Illinois is one step closer to requiring workers with intellection and developmental disabilities be paid the full minimum wage.
The state Senate Executive Committee passed the Dignity in Pay Act Wednesday by a 9-3 margin with bipartisan support. It now heads to the Senate floor.
“Old-fashioned stereotypes about the limit and worth of disabled lives must change,” said Ryan Croke from the Pritzker administration. […]
The bill would end Illinois’s 14(c) certificate program, which allows some employers to pay people with disabilities less than the minimum wage. Though administered by the federal government, Illinois lawmakers can outlaw the program from being used in the state.
…Adding… HB793 passed the Senate 43-11. It will be sent to the governor.
* Tribune…
With legislation pending in the Illinois General Assembly to govern coal ash, and proposed U.S. Environmental Protection Agency (EPA) rules under consideration to regulate both coal ash and Ethelyn Oxide (EtO), a local sense of urgency is growing with changes coming in Washington, D.C.
For nearly three years, state Rep. Rita Mayfield, D-Waukegan, pushed legislation to require NRG to remove rather than fill the two coal ash ponds at its decommissioned Waukegan electrical power plant. […]
When the 103rd General Assembly convened in early 2023, Mayfield posed her bill again and said she remains five votes short. Some of her Democratic colleagues fear it could cause coal-fired power plants in their districts to close, putting people out of work.
Mayfield said she hopes to get it done in January’s lame duck session which convenes a few days before the 104th General Assembly takes office.
* Sen. Laura Fine…
To ensure patients suffering from chronic pain receive recommended treatment, State Senator Laura Fine passed legislation to authorize physicians to prescribe controlled substances according to updated federal guidelines.
“To combat the opioid epidemic, in 2016 states instituted policies that severely restricted the prescribing of certain opioids,” said Fine (D-Glenview). “As a result, chronic pain patients with a legitimate need for these medications were at risk of self-medicating and putting their mental and physical health in jeopardy.”
House Bill 5373 reflects new guidelines issued by the Centers for Disease Control and Prevention for the prescribing of opioids for chronic pain. The legislation would allow physicians to make necessary prescriptions for controlled substances, including opioids, without strict limitations based on dosage amounts except as provided under federal law.
Additionally, Fine’s bill would protect patient confidentiality by preventing the release of opioid prescription and treatment information without a legal order verified by the Illinois Department of Human Services or an administrative subpoena from the Illinois Department of Financial and Professional Regulation. […]
House Bill 5373 passed the Senate on Wednesday.
* Rep. Cyril Nichols introduced HB5917 this morning…
Amends the Pharmacy Benefit Manager Article of the Illinois Insurance Code. Provides that, on or before July 1 of each calendar year, each pharmacy benefit manager registered in this State must submit a report to the Director of Insurance detailing specified information concerning pricing discounts, rebates, or other financial incentives received by the pharmacy benefit manager during the previous calendar year; the terms and conditions of any contract between the pharmacy benefit manager and any party related to providing pharmacy benefit manager services to a health plan; and any activity, policy, practice, contract, or arrangement of the pharmacy benefit manager that may directly or indirectly present a conflict of interest. Provides that the Director may, at the Director’s discretion, require additional quarterly reports. Sets forth provisions concerning confidentiality and rulemaking. Effective January 1, 2026.
* 25News Now…
Wednesday in Springfield, Republican State Reps. Charlie Meier, David Friess, and Bill Hauter raised concerns over drug exposure in Illinois prisons.
They said many inmates receive mail, ask for bug fumigation in their cells, and then smoke the mail laced with insecticide as cigarettes. The lawmakers said this is causing other inmates and workers to get sick from the smoke. […]
The representatives are supporting Bill 5893, which will require the Illinois Department of Corrections to implement a policy of electronically scanning and processing all incoming mail for inmates.[…]
Meier said a pilot program for electronic mail is scheduled to start in seven months, but he said prisons cannot wait that long.
* Sen. Mike Simmons…
State Senator Mike Simmons is sponsoring legislation to strengthen workforce recruitment and retention for educators and childcare providers in Illinois.
“We need a plan for Illinois families and childcare providers to be able to find the best employees possible,” said Simmons (D-Chicago). “By getting feedback from all parties, we can create a comprehensive plan that sets children, families and providers up for success.”
Under the legislation, the existing State Comprehensive Day Care Plan survey of day care facilities would include feedback from groups and individuals with relevant expertise and lived experiences with the goal of promoting workforce recruitment and retention for educators and childcare providers.
“We need to hear from the folks directly affected by workforce challenges, and with this legislation, we can bring more people to the table while we continue to address this ongoing problem,” Simmons said. “With the help of communities across the state who are struggling with childcare solutions, we can find better ways Illinois can assist in addressing the employment shortcomings.”
House Bill 814 passed the Senate on Wednesday.
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Open thread
Thursday, Nov 21, 2024 - Posted by Isabel Miller
* What’s going on in your part of Illinois?…
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Isabel’s morning briefing
Thursday, Nov 21, 2024 - Posted by Isabel Miller
* ICYMI: ‘A danger to the people of Illinois’: Calls mount for lawmaker to step down over alleged racist comments. FOX 32…
-Illinois State Sen. Sara Feigenholtz faces calls to resign after high school teacher Fuzia Jarad and CAIR accused her of making anti-Muslim comments during a personal encounter and on social media.
-Feigenholtz denies the allegations, calling them baseless, and says she is working to rebuild trust with her community.
-CAIR has urged Senate President Don Harmon to strip Feigenholtz of committee leadership roles if she refuses to step down.
* Related stories…
*** Isabel’s Top Picks ***
* Tribune | Man suspected of killing estranged wife before being found dead was previously released on electronic monitoring: Weeks before a man allegedly fatally stabbed his estranged wife in a Portage Park attack that also injured a police officer, he appeared before a Cook County judge on accusations that he threw her to the ground and held her in his car, records show. During a detention hearing, Cook County prosecutors argued for detention as the public defender for Constantin Beldie, 57, hit back against the state’s evidence. Judge Thomas Nowinski ordered him released on electronic monitoring, finding that prosecutors did not meet their burden for detention. He criticized the case work, calling it “a little sloppy,” according to a court transcript of the Oct. 9 proceeding.
* Sun-Times | NW suburban state Rep. Martin McLaughlin on track for reelection by just 47 votes: With the final ballots counted this week in the hotly contested 52nd House District that includes Algonquin, Wauconda and Mundelein, Republican state Rep. Martin McLaughlin, R-Barrington Hills, had 29,520 votes — about 50.04% of the total — compared to 29,473 for Democratic challenger Maria Peterson.
*** Statehouse News ***
* WCBU | Here’s why some lawmakers want to ban paper mail going into Illinois prisons: In a statement, Illinois Department of Corrections spokesperson Naomi Puzzello said while the agency is “exploring additional options to enhance safety,” it has already intensified mail screening protocols, and is encouraging staff to use personal protective equipment when handling mail.
* Tribune | Ex-transportation official gets 18 months in prison in bribery case involving then-state Sen. Sandoval: William Helm, the onetime deputy commissioner of the Chicago Department of Aviation and a former state transportation official, also admitted in a plea agreement with prosecutors earlier this year that he and others helped arrange $40,000 in bribes to other, unnamed officials.
*** Statewide ***
* Tribune | Conservative group asks US Supreme Court to reverse ruling that allows Illinois mail-in ballots to be counted after Election Day: The appeal, filed Tuesday by the organization Judicial Watch, also asks the nation’s highest court to clarify rulings about who has the right to appeal post-Election Day challenges, after many lawsuits contesting individual state results of the 2020 election filed on behalf of Donald Trump were tossed for lack of standing. Judicial Watch was among several groups that assisted Trump in seeking to halt the counting of mail-in ballots after Election Day four years ago when Trump lost to President Joe Biden.
*** Chicago ***
* WGN | Chicago ‘solves’ murders in which no arrest is made: Most notably, police closed 117 homicide cases this year due to what’s called “bar to prosecute.” Simply put, it means police believe they identified the killer, but prosecutors would not approve charges. If police included only cases closed by arrest, this year’s homicide clearance rate would be 23 percent, according to police data, reviewed by WGN Investigates.
* Bond Buyer | S&P places Chicago’s GO bonds on watch negative: S&P Global Ratings placed Chicago’s general obligation bond rating on watch negative Tuesday, warning the city against heavy reliance on one-time budget solutions, as reports suggest Mayor Brandon Johnson has slashed his proposed property tax increase in half in order to get his 2025 budget approved by the City Council.
* Press Release | CTU to Hold “Resist Trump’s Project 2025” Rally to Defend Public Schools & Chicago’s Students and their Families: The Chicago Teachers Union’s members will be rallying at the Chicago Temple on Thursday, November 21st, to demand the settlement of their contract, protest the planned closures of schools by Acero, and call for expanded protections against the racist, sexist, anti-LGBTQ, anti-worker agenda being planned by the Trump administration.
* The Triibe | Today’s Chicago City Council regrets the infamous 2008 parking meter deal: “I wasn’t in on the negotiation,” Ald. Emma Mitts (37th Ward) told The TRiiBE about the parking meters. She was one of the 40 alders who voted in favor of the deal. At the time, she had been in office for eight years. Today, Mitts and other alderpersons in the Chicago Aldermanic Black Caucus, who also voted for Daley’s deal back then, admit that the deal wasn’t smart but some also say it would’ve done little to solve the city’s current financial crisis. The deal, now 16 years old, has been widely criticized as being one of the most foolish deals in Chicago’s history.
* WBBM | Ex-rideshare driver suing Uber, Lyft, Chicago for violating workers’ rights: Cohran is suing Uber, Lyft and the city of Chicago after she was deactivated from the rideshare apps for allegedly spitting on a passenger, which she said is not true. “That’s assault,” she said. “I’ve never assaulted anyone ever, so it was crazy. My life being turned around, and they wouldn’t even really hear me out.”
*** Cook County and Suburbs ***
* Daily Southtown | Orland Park Mayor Keith Pekau says state comptroller trying to ‘inflict harm’ on residents in holding back money: The Village Board approved a resolution Monday accusing the comptroller of singling out Orland Park for harsh treatment while dozens of government entities throughout the state have been late in filing audits but not subject to the same treatment. The comptroller has “decided to try to inflict harm on the people of Orland Park,” Mayor Keith Pekau said. He called the comptroller’s actions “capricious and unacceptable.”
* Crain’s | Evanston looks at eliminating single-family-only zoning: The proposal is one piece of a comprehensive overhaul of all zoning in the North Shore city that officials rolled out in early November and hope to have finalized in the spring. If approved, it will put Evanston in company with, among others, the city of Minneapolis and the states of Oregon, California and Washington. “It’s an important question for the community to consider based on the increasing costs of housing,” said Liz Williams, the city’s planning manager. “Evanston is known historically for its diversity of housing types, and this particular change is intended to expand housing choices for residents at all income levels and life stages.”
* Daily Herald | Just follow the arrows: Tollway unveils I-294 SmartRoad system to give real-time traffic tips: Similar to the Jane Addams Tollway SmartRoad that went live in 2017, the I-294 version introduced Wednesday will stretch between Wolf Road and Balmoral Avenue. The system will expand and eventually there will be 80 gantries placed every half mile on I-294 between Oak Lawn and Rosemont.
*** Downstate ***
* BND | Former East St. Louis administrator charged with alleged misuse of city credit card: Carlos Mayfield, 60, was arrested and charged on Oct. 1 after an investigation by Illinois State Police determined he used the card to make personal purchases. Mayfield is accused of taking between $500-$10,000 of Government property, a class 2 felony. He is also accused of fraudulent use of a credit/debit card, a class 4 felony, according to charging documents.
* Illinois Times | Frank Vala helped fund recorder’s race: Langfelder said he sees Springfield businessman Frank Vala’s political fingerprints behind the scenes. Vala helped finance Springfield Mayor Misty Buscher’s successful 2023 campaign to unseat Josh Langfelder’s brother, Jim. […] “I walked into a restaurant where he’s having breakfast with some individuals – some political individuals – and he basically grabbed my hand and said, ‘You know, it’s nothing against you, it’s against your brother.’ I said, ‘Well, I’ve never met you. Let me introduce myself. My name is Josh Langfelder. And he said, ‘Well, I’m just gonna tell you, your brother tried to kick me off the (Springfield Airport Authority) board. That’s the reason I got Frank Lesko to run against you.’ So, do I see fingerprints on it? Yeah.”
* RR Star | ’Please think!’: Anti-abortion protesters convene outside Rockford clinic on opening day : Midwest Reproductive Health Executive Director Ali Kliegman said the protesters did not interfere with the clinic’s opening. “We just, you know, let them do their thing and we ignored them,” Kliegman said. “They yelled at us, which I would say is a type of mental violence, but that was the extent of it.”
*** National ***
* NYT | U.S. Proposes Breakup of Google to Fix Search Monopoly: Beyond the sale of Chrome, the government asked Judge Mehta to give Google a choice: either sell Android, its smartphone operating system, or bar Google from making its services mandatory on phones that use Android to operate. If Google broke those terms, or the remedies failed to improve competition, the government could force the company to sell Android at a later date.
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