Sunday, November 1, 2015

Chief Judge Urges Restoring $3.4 Million to Mortgage Foreclosure Mediation Program

2016 Cook County Proposed Budget:  Chief Judge, October 30, 2015

Chief Judge Timothy Evans came prepared to secure support from the Commissioners for restoring the $3.4 million cut from his requested budget by the President in her Executive Budget.  This money would be used to hire outside attorneys to advise homeowners during mortgage foreclosure hearings.  In the President’s remarks in presenting the Executive Budget, the President had said this money was cut in recognition that the number of new foreclosure proceedings had fallen 52% (the Budget Director on Friday stated that the figure was now 67%).  Money for 8 County employees dedicated to the program was retained.

Chief Judge Evans argued that the $3.4 million should be restored because (1) there are currently 32,000 cases pending in the system which need to be dealt with, and (2) while new foreclosure cases have dropped considerably, there are still roughly 1,400 new cases being filed each month currently.  The Chief Judge said the outside attorneys were needed to advise the homeowners, which the County employees, who are part of the judiciary, could not do.  The Chief Judge also had examples of homeowners who had been helped by the program in each of the Commissioners’ districts.  It was clear that a number of the Commissioners were prepared to try to find all or at least part of the $3.4 million, though it was not clear where that money would come from.

Chief Judge Touts New Public Safety Assessment Tool
Chief Judge Evans was enthusiastic about the new Public Safety Assessment Tool being used in Bond Court to assist judges in determining whether and how much of a bond was necessary. The concept behind this tool is that it will scientifically help predict whether an accused person will show up for trial if released and whether the accused would be likely to commit a crime if released.  The Chief Judge says that so far the tool is working well: the monthly reports show that only 2% of those released have failed to show up and only 2% have committed crimes while released. These numbers compare favorably with Washington, D.C. where another tool has long been in place and which has been considered a model program with 6% of those not showing up and 6% committing crimes while released.

Commissioner Garcia said he had heard there were some issues with regard to how the different judges were using the tool. Judge Evans explained that each judge by state statute has to consider 36 parameters when determining a bond, and that this was an additional tool.  But ultimately, it is the judge who has to decide.  Further, this new assessment tool is only being fully implemented as of January 1, and it is only then that he will be able to see how often judges differ.

The Chief Judge also explained that his office had worked with the other Public Safety stakeholders, including the Illinois Crime Lab, to reduce the probable cause process from 21 to 14 days.  One improvement is that the State’s Attorney’s lawyers are now exchanging all evidence with the Public Defender’s attorneys prior to the bond hearing, as opposed to later after arraignment.  Chief Judge Evans, like the other Public Safety officials and departments, also cited the reduction in the average daily jail population from over 10,000 to 8,000. 

Chief Judge Adopting National Benchmarks for Comparing Case Disposals
The Chief Judge has been the one Cook County official who has refused to participate in the County’s STAR Performance Management program, citing the need to separate the departments under him from the Executive and Legislative branches.  But in a response to Commissioner Schneider’s question as to how Cook County courts are doing with case backlogs, Chief Judge Evans said that he was now using the American Bar Association and another national set of benchmarks to see how well the Cook County courts were doing in the time being taken to dispose of a case.  He said that for criminal cases, Cook County was about 80% there, though he did not provide any more specifics.

Juvenile Temporary Detention Center (JTDC)
Leonard Dixon, the new Superintendent of the JTDC, which is under the Chief Judge, was questioned by Commissioner Gainer as to whether it was sustainable to manage a workforce at the JTDC which had 193 FTEs (or about 1/3 of the total FTEs) out on leave. Mr. Dixon said this was a nation-wide problem, but offered no specifics as to what he might do to try to deal with this issue. Mr. Dixon received kudos from a number of Commissioners from both parties as to what they have seen thus far at the JTDC under his leadership. 

Commissioner Gainer pressed the Chief Judge to allow Mr. Dixon to meet with the Juvenile Justice Advisory Board, which had been established by unanimous vote of the Cook County Board and which is made up of volunteers with experience with youths.  After several minutes of back and forth, the Chief Judge agreed to that.

-- Priscilla Mims, League Observer

Cook County Justice Advisory Council Budget Hearing

2016 Cook County Budget Hearings:  Office of the President/Justice Advisory Council
October 23, 2015

Lanetta Haynes Turner is the 2nd Executive Director since the Council was formed by the President in 2011.  Its mission is to work collaboratively with key stakeholders in the County’s criminal and juvenile justice system to reduce the population of the Cook County Jail and the Juvenile Temporary Detention Center, while ensuring systematic and community supports to reduce recidivism and increase public safety.

2015 Accomplishments:

  • Jail population is down below 8,000 on average.  Currently more than 45% of detainees are out on a no money bond or electronic monitoring [compared to 19% before the stakeholder intervention and collaboration]. 
  • Worked with the IL General Assembly and other County Stakeholders to pass a law increasing the age of automatic transfer of juveniles to adult court from 15 to 17 with murder and rape as the exceptions. 
  • Continued to work on systemic reforms including sitting at the table of the IL State Supreme Court mandated regular stakeholder meetings to address pre-trial and diversion issues in the County’s Circuit Court. 
  • Secured a MacArthur Grant to implement and assess the pre-trial assessment tool selected by the Chief Judge and other issues pertinent to Bond Court. 
  • Will pilot a 24/7 Community Triage Serve to serve behavioral arrests or pre-arrests involving mental illness or drug addiction.

Issues

  • While Grant Money has been used to reduce violence and improve recidivism, Commissioner Boykin wants more used to specifically address Gun Violence.  The division of 2016 grants monies is:  $1.9 m for violence prevention; $800,000 for recidivism; and $500,000 for restorative justice. 
  • Commissioners wanted the savings from the jail diversion and demolition programs applied to violence reduction and mental health.  Only $500,000 of the savings of $3.2 million was applied to this purpose and was used to keep the 2016 JAC budget the same as 2015.

Submitted by Diane Edmundson
 

Dept. of Human Rights & Ethics: “You Have an Advocate!”

2016 Cook County Budget Hearings:  Dept. of Human Rights & Ethics

Ranjit Hakim is the Director of the Department. The HR Commission is responsible for enforcing the CC Human Rights Ordinance first adopted in 1993. It protects all people [not just CC employees] who live and work in the County from discrimination and harassment in employment, public accommodations, housing, credit transactions, and access to County programs and contracts. 

The Commission shares jurisdiction with the Chicago Commission on Human Relations, IL. Dept. of Human Rights, U.S. Dept. of Housing and Urban Development, and the US EEOC.  It investigates complaints of discrimination and harassment, mediating disputes when possible, and conducts hearings to award compensatory damages and/or other relief.
 
Mr. Hakim also oversees the CC Board of Ethics [5 seats – 2 of which are vacant and two that have expired terms] which enforces the County’s Ethics Ordinance and includes employee violations of the code of conduct and lobbyist registration enforcement. Ethics investigations can be proactive – the Board does not have to wait for a complaint to be filed. It works closely with the County’s Inspector General’s office and also provides advisory opinions.

His third responsibility is to enforce the County’s living wage ordinance which applies to contractors doing business with the County.  The living wage ordinance is set yearly by the Director of Finance.

2015 Accomplishments:

  • Significantly reduced the backlog of cases and by the end of 2015 all filed cases will be concluded within a one year period. Prior to 2013 it was not unusual to be on the docket for 4-5 years.
  • Two dedicated Ethics Investigators and four dedicated Human Rights Investigators are on staff. A new Deputy in charge of Ethics will allow for a better balance of work load and oversight. 
  • Training manuals have been completed for Investigators administrative law judges. 
  • Kept the 2016 Budget 2.2% less than the 2013 Budget. 
  • Forty percent more audits conducted.


Submitted by Diane Edmundson

Recorder of Deeds: Free Property Fraud Alert Program for County Homeowners

2016 Cook County Budget Hearings:  Recorder of Deeds 

Karen Yarbrough, Recorder of Deeds, touted the following accomplishments:
  • Office’s budget has remained flat or dropped since she took office. The 2016 budget is lower than 2015 by $1 million.  This was accomplished through staff and outside consultant reductions. Employees dropped from 190 to 171. 
  • Deeds can now be recorded electronically and title companies are being encouraged to sign up new homeowners for the County’s fraud detection program immediately at the closing table. Title insurance is only in place through the closing. 
  • The Fraud Detection Program is now the largest in the nation with 40,000 Cook County enrollees.  The program hired a lawyer and works with the States Attorney’s office.  Plans are to increase enrollment outreach as property fraud is a serious issue in the County.

The main concern expressed by Ms. Yarbrough is the Integrated Property System [IPS] technology recently passed by the Board which would include all county government taxing bodies and the recorder of deeds.  She pointed out that her office is responsible for “recording” while the taxing bodies are responsible for “cashiering”.  She is concerned about a one size fits all approach that can lead to glitches and serious delays in recording deeds.  She isn’t totally against the IPS – but is skeptical.

Submitted by Diane Edmundson