Showing posts with label Public Defender. Show all posts
Showing posts with label Public Defender. Show all posts

Tuesday, November 3, 2015

New Public Defender Has 4 Initiatives

2016 Cook County Proposed Budget:  Public Defender, October 29, 2015

Amy Campanelli, who was confirmed as the new Public Defender in April, has identified 4 key initiatives for her office:  reforming bond court, expanding specialty courts, reaching out to the community and her client bases so they understand the work we do, and elevating the training and professionalism of her staff.  She is satisfied with the amount for the office in the Executive Budget.  The office currently has 130,000 cases:  15,000 felonies and 115,000 misdemeanors.

Commissioner Boykin asked whether gun laws in Illinois are tough enough in comparison to New York state.  The Public Defender said that the Illinois laws are plenty tough enough, in contrast to what many are saying.  She said what should be focused on are the programs to help those convicted once they come out of prison. 

Commissioner Murphy asked about the idea of a homeless court.  The Public Defender said that her office has had several meetings with other stakeholders to discuss dealing with the homeless, but she hopes this will be a diversion program rather than a court. 

Commissioner Gainer is concerned with the dollars being spent on outside attorneys to deal with conflicts.  She asked whether the money would be better spent to hire more assistant public defenders to deal with conflicts who could also deal with other matters.  The Public Defender explained that the office already represents up to two different defendants in the same case by using defenders who operate separately to avoid conflicts of interest.  The money spent on outside counsel is for those cases when there are more than two people who must be represented.  Her office is working with outside counsel to take some of these cases pro bono.  Commissioner Gainer also questioned the need for a spokesperson for the department, expressing surprise that the Public Defender thinks the department needs both a community outreach person and a public relations person, in lieu of attorney positions. 

Commissioner Gainer also asked how the Public Defender measures success.  The Public Defender said that the new case management system should help track how many clients come in and how many come back; and how long it takes to go to trial.  She emphasized that success should not be measured by the number of cases “won.”

-- Priscilla Mims, League Observer

Tuesday, October 29, 2013

Cook County Budget Hearings October 25, 2013

                         The following are budget reports from Cook County
                                  Public Defender and Chief Judge

Public Defender Abishi Cunningham presented some details of his budget requests and changes made to his department in the past year.  First, the employee count (FTE) will increase  by 11 people in the area of line staff, investigators,  and additional attorneys. Last year the increase was 24 FTEs.   This should reduce overtime over the next year.  Staff and attorneys are working with outside groups to do bond reviews in order to lower bonds and/or  increase electronic monitoring.

Three new grants have been received:   to train attorneys on forensics such as DNA results;  for adult re-deployment  for non-violent drug users;  and for mitigation specialists to produce more informal sentencing decisions.

The Public Defender's office is working with the Clerk of the Court to monitor continuances (which appear to be excessive) in order to close cases more quickly.  Staff is being trained to use digital technology to help decrease court case duration.

One money-saving change in this department is purchasing fewer cars for employee use.  Instead, the use of  Zip Car, which is a public vehicle rental used by the county, and sharing the county's fleet vehicles  will lower expenses in this area.

STAR performance management goals include performance goals for staff;  evaluation of attorneys;    decreasing open cases;  and lowering complaints toward the Defender's office.  These last two goals have been accomplished in that there were fewer than 1% open cases and complaints.


Chief Judge Tim Evans appears to disagree strongly with President Preckwinkle's budget recommendation for the court system he leads and has asked the Commissioners to make amendments to increase his budget.  There is about a $6 million difference in the amount he has requested ($146.9 million) and the amount the President has budgeted ($140.6 million). He argued that the separation of powers in government, with all 3 branches being equal, warrants his getting 1/3 of the total budget;  his department currently has 5% of the budget.  He also complained that the President's office has many more highly paid (grade 24) employees than his office.  He has asked for 108 more employees and was budgeted 7 more.

Specifically, he has asked for more employees for a pre-trial service system  to make risk assessments of defendants.  This would aid bond court judges in making better decisions in deciding bond levels.  Currently, 51 probation officers are doing this job.  Judge Evans stated that judges use 38 factors including the risk assessment, current charge, and criminal history in determining bonds.  However, bond hearings usually last less than two minutes per case.

Psychiatric evaluations (to determine if a defendant is sane enough to stand trial) are taking 90 days and DNA evaluations are backlogged, both of  which make cases begin later and last longer.  With regard to juvenile defendants, Judge Evans stated that 5,000 are in alternative programs and 263 are in the Juvenile Detention Center.   He deems these programs a success in reducing recidivism and providing better rehabilitation for young defendants.

The County's new Legistar System (a new computer program) will enable outside hired attorneys to submit their payment orders themselves.  This should reduce transcribing errors, but attorneys and employees in the Clerk of the Court office will need to be trained in how to use the system correctly.

Judge Evans does not use the County's STAR performance management system but has stated "we are going to let the public know how close we are to standards."



Sunday, November 13, 2011

Nov. 10, 2011 Budget Meetings--Last Day of Meetings before the Voting Begins!

In this post:  Juvenile Temporary Detention Center, Chief Judge, Public Defender, and County Treasurer

This is the last day the Finance Committee is meeting with Elected Officials and Department Heads to go over their individual proposed budgets. On Monday, November 14, the Finance Committee is going to be considering and voting on proposed revenue increases. Proposed amendments to the budget are due on Wednesday, November 16. And the Finance Committee expects to debate and vote on the entire budget on Friday, November 18. The Commissioners on the Committee will likely then immediately reconvene as the County Board and vote to accept the budget as amended by the Finance Committee (which is composed of all the same people).

Juvenile Temporary Detention Center (“JTDC”)
This was probably the longest of the departmental meetings, lasting about 3 hours. However, during that time, there was no direct discussion of the fact that the President’s recommended budget is about $6 million less than the departmental request. Based on information from other sources within the budget books, the President expects the costs to be less than the department requested if more of the juveniles now being housed there can instead be placed in alternative places in the community. The Transitional Administrator, Earl Dunlap, did say that the Court would need to determine who would qualify for these alternative placements, but generally, it would be the juveniles who are now housed in the JTDC for 7 days or less (who comprise 67% of those admitted) and those who come in on bench warrants. Mr. Dunlap stressed that the JTDC is just a pre-trial facility and its purpose is for public safety, not for rehabilitation (and 80% of the population is there for 2 weeks or less). He also stressed that the JTDC is a costly operation and the County is getting very little for its investment. A fair number of the juveniles would be better served in community-based programs, but that is going to take a commitment from the communities, as well as the County and Judiciary.

The number housed in the JTDC is down considerably from the average of 402 in 2008; as of this July, there were 296 juveniles there. However, Mr. Dunlap said that the numbers could start going up based on legislation in Springfield which would treat 17-year olds, currently treated as adults, as juveniles instead. Mr. Dunlap said that he now has a great deal of confidence in the staff working there. Comm. Gainer and Silvestri commented that they have both seen a big improvement in the atmosphere there. While Mr. Dunlap said that the school at the JTDC has improved tremendously, Comm. Gainer still has concerns that further changes are necessary. For example, the school hours should start later (consistent with studies that show teenagers need more sleep in the morning) and run longer, so the juveniles have less free time in the afternoons.

Mr. Dunlap also vigorously defended the money budgeted for mental health services provided by the Isaac Ray Center. He said that there were 519 incidents requiring mental health expertise, 404 (78%) of which were due to suicide issues.

Upon questioning from Comm. Murphy, Mr. Dunlap said that the $24,000 salary increases for Asst. Superintendents is due to the fact that they were hired last year at a lower rate and now, after one year of service, he is convinced they can do the job and deserve the higher rate. He also explained that overtime is going up in the budget (by $500,000 over 2011) because the JTDC is reducing its reliance on contract employees (down by $2.4 million from 2011) now that the staff is more settled.

Mr. Dunlap said that he expects that in 2012 the JTDC’s transition from Federal Court supervision to coming under the supervision of the Cook County Chief Judge will at last take place.

Chief Judge
Chief Judge Timothy Evans explained that the budget submitted by his area called for 73 reduced positions, but that under the budget submitted by the President, 85 more positions would be lost. He is working on submitting a proposed amendment that would be budget neutral, but which would allow him to save those positions. 

There was some confusion in looking at the overall budget of the Chief Judge, because that includes all the departments under him, including that of the JTDC, even though it is still under Federal Court supervision. Judge Evans said that he has started the process of looking for a new head of the JTDC in anticipation of it coming under his supervision.

Comm. Gainer expressed concern that there are no measurements in place yet for determining the effectiveness of several different providers of services related to foreclosures, even though the contracts have been in place for 4 months, totaling $3.6 million. However, she also praised the specialty courts that have been established (e.g., for prostitution and veterans).

Judge Evans touted the fact that the judges have helped reduce the jail population by ordering electronic monitoring in lieu of incarceration for those who pose no threat. However, he says that 1/3 of those ordered to go on electronic monitoring actually do. He told the Commissioners to ask the Sheriff why the difference. (Ironically, in past years, the Sheriff was complaining to Commissioners that judges weren’t ordering electronic monitoring.) One of the costs incurred by the Sheriff is to transport inmates to court from the jail. Judge Evans said that he will allow video-conferencing in lieu of transport if the defendant waives the right to be in court. However, he also admitted that most defendants would take the opportunity to get out of the jail to appear in court. One of the cost savings in the overall budget is due to eliminating weekend bond courts in the suburban courts and having 26th & California be the single location on the weekends. This was a cost savings that the Sheriff had pushed for several years, to which Judge Evans has now agreed.

Public Defender
Similar to the State’s Attorney, the Public Defender, the Hon. Abishi Cunningham, Jr., has agreed to a reduced budget, but warned the Commissioners that the cuts were getting dangerously close to not allowing the department to meet its mandate. He asked that any additional money that could be found would be directed to his office. Comm. Daley said that the President was working on an amendment which would restore some of the positions that have been cut, which include some 10 attorneys, 29 investigators, and 20 support people, which represent $2.8 million in cost savings.

County Treasurer
Treasurer Maria Pappas touted her budget which is a 6% reduction in General Funds from 2011, or a reduction of $150,000. She is utilizing $225,000 more from the Tax Sales Automation Fund, a special purpose fund that can only be used to cover automation-related expenses. She is very proud of the automation efforts of her department which have resulted over the past decade in a reduction of employees from 250 to 110 for 2012. In response to a question from Comm. Gainer, Treasurer Pappas said the state legislation which requires the tax sales to be moved earlier in the year to July results in about $5 million less per month. Previously, the Treasurer determined when to hold the sale.

-- reported by Priscilla Mims

Wednesday, April 27, 2011

Board of Commissioners Meeting

Board of Commissioners Meeting
April 20, 2011

The Board Meeting was called to order at 10:10am by President Preckwinkle. After the opening prayer and the pledge the first order of business was a motion to first consider an item from the New Items Agenda. The motion was approved and the item was the announcement of the recipient of the 2011 Cook County Frontline Award, a new initiative to encourage Cook County employees to submit innovative ideas to help achieve fiscal responsibility, and increase transparency and accountability in services. The winner was Andy Polina, an employee in the Facilities Management Dept., with the winning idea that Cook County should implement a database for tracking and purchasing of supplies and materials countywide. His idea was chosen from the 60 that were submitted.

The Finance Meeting was convened at 10:20am by Comm. Daley, Finance Committee Chairman. Comm. Collins continued to vote against all bills submitted pertaining to Shakman Compliance. She is usually joined in her dissent of these bills by Comm. Murphy and Sims but they were not in attendance at this meeting. Comm. Collins also questioned why so many outside attorneys were being paid for indigent clients in Juvenile Cases. She thought the Public Defenders office should be handling these cases so they could keep their Public Defenders employed. Pat Reardon from the Public Defenders Office stated that in many cases the Public Defender cannot defend both the parent and the child in such cases - making it necessary to hire outside lawyers. They are in the process of setting up a Conflict Unit which would establish the "wall" necessary to prevent conflict of interest in such cases. They anticipate that this could bring a savings of $500,000, but they would probably need to hire additional lawyers to be able to handle the increased work within their office. Comm. Daley said there would always be a need for outside lawyers though even if such a system were put in place. Comm. Collins inquired as to how the lawyers were assigned to cases and stated that more women and minority lawyers should be used. A representative from the Chief Judge's Office stated that there is a pool of lawyers and it is up to the judge who gets assigned to a case. Lawyers have to apply to be in the pool and anyone can apply. He also stated that the Chief Judge's Office would provide the commissioners with a written outline of the process for establishing the lawyer pool and how the pool is utilized by the judges.

The Revenue Report for the first quarter of the fiscal year indicated a shortfall of $16.6m as reported by the Comptroller. While the shortfall was not only due to decreased revenue at HHS the questioning was directed to HHS. Mr Ayres, CFO for the HHS, stated that assumptions were made when they did their budget that are not coming to fruition and they now anticipate a $40-50m shortfall by year end. He indicated they struggle with hiring problems and continue to have billing problems. He stated that they have 43 available positions as billing coders but have only been able to offer positions to 3 people since those applying were not qualified. Comm. Silvestri and Gainer asked questions to clarify what the issues in hiring were but there did not seem to be a clear indication of where the problem was. It was unclear as to whether the County hiring process was hampering hiring or if this was an HHS hiring problem. Comm. Tobolski and Schneider indicated that perhaps there would be an opportunity to work with local community colleges or the POET office to establish training programs for these jobs. The Finance Committee was adjourned at 11:40am.

Zoning and Building Committee had one item deferred and the rest all approved. Roads and Bridges agenda was all approved and the Board reconvened at 11:46am.

The only item on the board agenda that provoked much discussion was a resolution introduced by President Preckwinkle to oppose conceal carry laws in Illinois and Cook County. After a few brief speeches a roll call vote was taken. Ayes - 10 - Butler, Collins, Daley, Fritchey, Gainer, Garcia, Reyes, Steele, Suffredin, Tobolski Nays - 4 - Beavers, Gorman, Goslin, Schneider
Absent - 3 - Murphy, Silvestri, Sims. The Resolution was approved.

The remaining items on the agenda were approved or referred to committees with minimal discussion and then the New Items were considered. There were 11 new items to be considered and as usual the New Items Agendas were not available for the public at the meeting. They probably were available prior to the meeting online although items 9-11 were not submitted until April 20. The items were only referred to by number during the meeting and with little discussion it was difficult to know what the items were. Comm. Silvestri did raise a question about whether the new items could be acted on and it was stated that when they vote to suspend the rules to take up 1 item on the New Items Agenda that should be interpreted to mean they are suspending all the rules pertaining to the new items including the 72 hour rule. There was some discussion about whether that was allowed under the Open Meetings Act but the meeting proceeded with the understanding that the stated interpretation was correct.

New Items of note - (observer went online after the meeting to determine what the items were since discussion during the meeting did not reveal the nature of the items being acted on)
  • A resolution about the Capital Improvements Program for Fiscal Years 2011-15 was referred to the Capital Improvements Committee.
  • A minor change to the Code of Ethical Conduct was approved.
  • A proposed Ordinance establishing the Cook County Open Government Plan was referred to the Technology Committee. The purpose of this plan is "to increase transparency and accountability and informed public participation and to create economic development opportunities....by making certain information available online in a machine-readable, open format."
The meeting was adjourned at 12:20pm.



Wednesday, October 28, 2009

CC Finance Committee Meeting on Proposed 2010 Budget, October 28, 2009: Public Defender


While the proposed budget of the Law Office of the Public Defender contains a $5 million increase over 2009 (a 9.9% increase), the Public Defender, retired Judge Abishi Cunningham, is seeking an additional $2.7 million, mainly to hire additional attorneys. Judge Cunningham asserted in a letter to Commissioners that by hiring more attorneys, the office could move cases faster that would result in a $14 million cost savings by cutting down the amount of time defendants spend in jail awaiting trial. The attorneys in his office dealing with felonies handle an average of 222 cases each. The American Bar Association (ABA) standard is 150. The attorneys in his office dealing with misdemeanors handle an average of 2,719 cases. The ABA standard is 400. 

The office has sought some grants, but has not been successful. Judge Cunningham wants a full-time grant writer.

There is also an issue of parity between starting salaries and supervisor salaries of asst. public defenders vs asst. state’s attorneys. It was suggested that Human Resources should do a comparison of jobs which would be the appropriate way to determine if parity was appropriate.

Commissioner Gainer suggested that the Public Defender should look to see how his supervisors’ pay compares to national standards. And any increase in pay should be implemented with a robust performance evaluation system.

Commissioner Peraica raised the issue of the huge costs in the budgets of the Public Defender, State’s Attorney, Chief Judge, Sheriff, and Circuit Court Clerk due to the number of people in the criminal court system charged with drug abuse charges (non-violent, self-abusers). I expect Commissioner Peraica will raise this with these other officials.

--Submitted by Observer Pris Mims