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Undercover justice

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Illinois Supreme Court Justice Anne Burke sometimes goes “undercover” to watch Cook County’s bond court call and says she doesn’t always like what she sees.

On one occasion, she says, she was appalled to watch a woman with “obvious mental issues” brought into a courtroom wearing a garbage bag after she had been arrested in her underwear.

“I was ready to scream in court that day,” Burke says. “How could the judge permit it? How could the public defender? How could the sheriff? How does anybody? It’s so degrading.”

Cook County courts — including those in Rolling Meadows and Skokie — need to address the “cold, mechanical manner” of bond court, says Burke, a member of the state’s highest court since 2006 and wife of powerful Chicago Alderman Edward Burke. She’s also calling for an “audit” of how long judges work each day.

That attendance audit will scare the robes off some judges. Just sayin…

posted by Rich Miller
Monday, Aug 22, 16 @ 11:23 am

Comments

Good for Burke, but are there any real mechanisms to hold the problem judges accountable?

Comment by How Ironic Monday, Aug 22, 16 @ 11:27 am
This is awesome! Justice Burke is my new hero for today.

One way judges especially at the county level can advance justice is in helping to expose police criminals. In my experience most judges know which cops are planting evidence and coercing confessions. How many judges knew what CPD detective Jon Burge was doing? Impartiality can be an excuse for tolerating crimes within the system.

Comment by Payback Monday, Aug 22, 16 @ 11:37 am
It is an unreported scandal as to how little some of the highly paid judges in Cook County actually work.

Comment by Anonymous Monday, Aug 22, 16 @ 11:38 am
I’m screamed out from the destruction of our mental health system and other social services.

Comment by Earnest Monday, Aug 22, 16 @ 11:43 am
30 years ago a Judge from Decatur told stories about going up to Cook County to help clear the docket. The downstate judges would move many more cases through in a week than the Cook County judges.

Sounds like little has changed.

Comment by Last Bull Moose Monday, Aug 22, 16 @ 11:44 am
She is beyond special. Every once in a while, you get one like this.

Comment by A guy Monday, Aug 22, 16 @ 12:09 pm
I clerked for Justice Burke. Say what you will about the nature of her ascendency to her position, but I can attest to her being a person who genuinely cares about helping the less fortunate. She is truly a wonderful person.

Comment by AlfondoGonz Monday, Aug 22, 16 @ 12:14 pm
Judge oension are ridiculous as well. huge pay out with a lot less years then normal, almost no contribution.

80% of last day pay w/ 20 years. pay after 20 years ranges from 160 on the very low end to over 200k

Comment by Ghost Monday, Aug 22, 16 @ 12:15 pm
Heck, based on the stories last week, they need undercover people watching to make sure the person in the robe on the bench is actually a judge…

Comment by Ron Burgundy Monday, Aug 22, 16 @ 12:17 pm
She should ask her husband. The judicial system should be removed from partisan politics. These are all Democrat judges.

Comment by Rhino Slider Monday, Aug 22, 16 @ 12:19 pm
Last Bull,

I’ve been before downstate judges presiding in Cook County. Many “move cases” because they have a absolutely no idea what they are doing. Lawyers would walk out after some crazy order, swear, and agree between themselves to do what really needed to be done, knowing that the next time they were there, a competent judge would be sitting.

With regard to the story –

I do agree with the stories about lack of effort by some. It is like in any profession. There are a few who bust their behinds, get to court on time, and are always prepared.

However, for too many judges, you know that the 9:30 call is going to start around 9:45ish and the judge likely will not have done his/her homework, and as such, you need to remind the judge of most of the details about the case.

Also, it is amazing how empty Daley Center can be around 2:00 p.m. on any day.

Yes, it does seem that some additional supervision may be in order.

Regarding Rhino Slider’s comment — good point! In GOP areas, the court systems are things of beauty! All court calls start on time, all judges are prepared, and if you drive by the courthouse at 8:00 at night, you see the lights on since the judges are all working late. Absolutely! This is purely partisan. Nope, GOP judges would NEVER do anything like that. No way!

Comment by Gooner Monday, Aug 22, 16 @ 12:29 pm
In perspective I don’t think the judges’ pensions are that bad considering how much more many of these people could make in the private sector over that time.

The point about the judges in Cook being only one party does raise a point - Some judges are clearly incompetent for various reasons, the bar associations say so and spell out why, yet the party backs all of them for retention/election without exception (at least I can’t remember one). Given the political reality in the county, the party could afford to be a little more selective than it has been.

Comment by Ron Burgundy Monday, Aug 22, 16 @ 12:34 pm
It is not just Cook County. The IL criminal County courts are filled with judges who are political and insensitive. Since Courts get to keep 10% of any bond posted, bonds are going up astronomically just to fund Courts. Jails are keeping inmates locked down and trampling on their right to access the courts by blatantly intercepting and confiscating legal mail and eliminating law libraries. Public Defenders don’t say a word and judges don’t intervene. The whole IL criminal justice system is falling apart.

Comment by Lee Monday, Aug 22, 16 @ 12:46 pm
Cook County judges might be the most unaccountable workforce in America.

The only way one of them loses their job is if they are indicted. We hold the janitors who clean the courtrooms to higher job performance standards than the judges.

One way to help fix things is to break up Cook County’s comically long judicial retention ballot. 60 or 70 judges are up for retention every election. In Illinois’ other 101 counties, it’s rare for more than three or four judges to be up for retention at the same time. No judge ever loses in Cook County because the voters can’t see the forest through the trees.

Comment by Lifetime appointment Monday, Aug 22, 16 @ 12:53 pm
Gooner, Thanks for the other side of the story.

There must be some way to measure judicial productivity. I don’t expect a useful measure to be simple, but it should be clear.

Do you think something can be done?

Comment by Last Bull Moose Monday, Aug 22, 16 @ 1:01 pm
If aldermanic elections in Chicago have been nonpartisan since 1923 and Chicago mayoral elections have been nonpartisan since 1999, could judicial elections be removed from partisan politics at long last? The party label thing only serves to enrich committeemen.

Comment by Anonymous Monday, Aug 22, 16 @ 1:02 pm
Last Bull,

It has to come from the supervising judges. The people running Law Division, Chancery and Municipal need to walk around and see what it happening. Judges who are not doing the work need to be sent to “judge jail”, i.e. administrative assignment. They may end up getting a paycheck for no real work but at least they will not be creating additional problems for lawyers and litigants.

Also, the hours required in some ways depends on the assignment. Law Division Trial judges may well be out of the building before 5:00 each day, but that’s in part because they recognize that trial lawyers have a long night ahead after they leave the courthouse.

Judges hearing motions though? If they are not sitting in their office at 4:30 or 5:00, somebody needs to ask why.

Again, it comes down to supervision and to a willingness to push bad judges off the bench.

One last note — judges are not dependent on voters for assignments. Voters elect them, but after they are elected the Chief Judge makes the calls and decides what is really required. The judges elect their own boss.

It might be a good idea to make Chief Judge an elected position.

Comment by Gooner Monday, Aug 22, 16 @ 1:25 pm
My friend’s father was a circuit judge, then appellate judge. Said the appellate judgeship was the easiest job he ever had - about 6 days per month on average.

Comment by Downstate Monday, Aug 22, 16 @ 2:03 pm
Since Courts get to keep 10% of any bond posted, bonds are going up astronomically just to fund Courts. Jails are keeping inmates locked down and trampling on their right to access the courts by blatantly intercepting and confiscating legal mail and eliminating law libraries.

This is no longer the case bud. Rep. Ford passed a bill last year that limited the county vig to $100 in all cases. So, that point is moot.

Comment by Lobo Y Olla Monday, Aug 22, 16 @ 2:11 pm
“The whole IL criminal justice system is falling apart.”

Take a breath. No, it’s not.

https://capitolfax.com/2016/08/22/gov-rauner-signs-more-criminal-justice-reform-bills/

Comment by Lobo Y Olla Monday, Aug 22, 16 @ 2:12 pm
Shocking that Justice Burke would ask how public defenders can permit inhumane treatment of the accused who are brought to bond court in Cook County. First, it is Cook County Sheriff Dart’s people who decide how they will dress such a person for court. Second, the person is not a public-defender client until and unless the judge appoints the public defender’s office. Justice Burke’s sentiment is appropriate. Her taking a shot at public defenders is not.
Moreover, the use of risk-assessment ratings–how likely it is deemed to be that if released on bond a person will commit ‘another’ [as if it’s been determined that they’ve committed ANY crime] that Kerry Lester mentions, is scary. Ever see the Tom Cruise movie The Minority Report? You really don’t want the decision as to whether you or someone about whom you care is abused in jail while awaiting trial being made by a machine.
Finally, audit judges? How about an understanding…which Justice Burke should have…that judges’s work generally includes time spent out of the courtroom, and therefore out of sight. Sheesh…

Comment by Independent Retired Lawyer Journalist Monday, Aug 22, 16 @ 2:15 pm
I agree with “Gooner” in making the Chief Judge position an elected job. Appointments never change. There’s no growth without change

Comment by Sherrie50 Monday, Aug 22, 16 @ 2:20 pm
@ Lee +1

The Cook County courts are crowded and a zoo.
It is really no one’s fault.
It is like trying to put 5 pounds of sand in a 1 pound bag.

Ambitious police make arrests to get promoted to detective, sergeant, etc.

The Judges are by and large decent and hard working but it IS a political job.

All of the personnel in the court room (bailiffs, recorders, clerks, public defenders, private defense and prosecution develop the BLACK EYE.

Black eye is not a reference to race.
Black eye is the assumption that all defendants are guilty.
The conviction rate is near 100% for the more serious charges and 80% for the other charges. There is no time to examine and evaluate facts.
There are no Perry Mason’s.

This situation is no ones fault. It is just a product of the environment. It is a liability (professionally and emotionally) for most of the personnel in the court room for anyone to be found innocent.

This reality adds to the sense of repression felt in the poorer strata.

I have no solutions.

gg

Comment by gg Monday, Aug 22, 16 @ 2:24 pm
Illinois Supreme Court Justice Anne Burke - Thank you.

Comment by Mama Monday, Aug 22, 16 @ 2:56 pm
Be careful going after the Cook County judges without actual proof. Ask Fox 32. They should have investigated prior to what they did.

Comment by Be Bop A Lula Monday, Aug 22, 16 @ 3:06 pm
==gg==
If you want to be accurate, don’t lump public defenders in with the others in your ‘assessment.’ In Cook County, public defenders are typically the most dedicated, talented and best-trained lawyers around.They are the leaders among those who know that ‘all defendants are guilty’ is a falsehood.

Comment by Independent Retired Lawyer Journalist Monday, Aug 22, 16 @ 3:18 pm
No. Justice Burke is reviewing the judges her husband put there. She cannot be attacked because she, herself, is a Supreme Court Justice; therefore, it is all fair game, as opposed to Dane Placko, Dave Savini or whoever with an axe to grind.

Comment by Be Bop A Lula Monday, Aug 22, 16 @ 3:19 pm
They are not crowded at 2pm. That is not the fault of the judiciary. Law historically starts early in the morning. The “problems” addressed in this thread are not limited to Cook County or Democrats. Law operates this way as a whole; it can be frustrating. But don’t canonize someone taking notes on someone whose own family put them there in the first place. It is natural.

Comment by Be Bop A Lula Monday, Aug 22, 16 @ 3:39 pm
===taking notes on someone whose own family put them there ===

Are you suggesting that Justice Burke is merely working for her husband?

Comment by Rich Miller Monday, Aug 22, 16 @ 3:52 pm
That’s a big question. She is in a statutory position to qualify the performance of judges that, most, if not all, in Cook County, owe their positions to her husband. You (and posters) tell me. As I stated, the situation is not limited to the Cook County judiciary. I admire the Burkes; when people are calling them “heroes” for doing this, it can grind my gears.

Comment by Be Bop A Lula Monday, Aug 22, 16 @ 4:02 pm
Gooner, thanks for a well thought out response.

Comment by Last Bull Moose Monday, Aug 22, 16 @ 4:12 pm
Last Bull: Let the judges in the counties elect their own chief. Trust me on that one.

Comment by Be Bop A Lula Monday, Aug 22, 16 @ 4:15 pm
once upon a time there were a variety of court watching projects that kept stats on all manner of things in criminal courtroom where watching happened. that was a useful third party effort…done by the League of Women Voters. the office for Illinois Courts tracks cases by jury, etc. it’s not perfect because things that come in one year don’t go out in the same year, but it is a start. there must be some subset of that information by courtroom otherwise how would it be gathered. that might be a place to start for executive orders from the court that could apply statewide.

Comment by Amalia Monday, Aug 22, 16 @ 5:49 pm
Not “all” the judges are dependent on Ed Burke for their positions. And not “all” are Democrats. I’ve helped elect a few Republican sub circuit judges and I’ve helped elect plenty of Democrats who weren’t slated, or if they were, not necessarily with the blessing of Alderman Burke. He’s influential when it comes to Cook County judges, but not almighty.

Comment by Michael Westen Monday, Aug 22, 16 @ 6:10 pm
I got blocked. I am glad because I know now, who really runs this state. And I am ok with it,

Comment by Be Bop A Lula Monday, Aug 22, 16 @ 6:27 pm
Gooner did make some surprisingly lucid comments. I thought he was going to blame everything on Dorothy Brown again.

Comment by Michael Westen Monday, Aug 22, 16 @ 8:38 pm
Lobo @ 2:12 p.m.- “Rep. Ford passed a bill last year that limited the county vig to $100 in all cases.”

I did not know about that one. Is that just for Cook County or for all counties in IL? Do you have the bill number?

Comment by Payback Tuesday, Aug 23, 16 @ 12:09 am