Cook County Public Defenders Association

Last week, on January 12, 2011, contract talks with the County resumed as promised by the new County Board President.  While talks resumed, it seems unlikely that a contract will be settled by the bargaining committee and ratified prior to the County Board balancing the budget as required by law (by 2/28/2011).

President Toni Preckwinkle (President P) has been adamant about “nobody being absolved” of the requirement to trim 16% of their budgets on an annualized basis, 21% for the fiscal year.  Judge Cunningham has been working hard to propose cuts to our budget that do not impact front line employees (i.e. ASSISTANT PUBLIC DEFENDERS);  that having been said, it is a little unsettling to see the reaction President P is having to the reluctance of the Sheriff, Circuit Court Clerk and State’s Attorney to cut their budgets.  And while the State’s Attorney is talking of firing dozens of prosecutors if she complies with the President’s request, I want to remind you that Judge Cunningham was quoted as saying that an 11% budget cut in the Public Defender’s office would mean “the loss of 90 public defenders.” (Public Defender Fears Drastic Budget Cuts of 11%, Chicago Daily Law Bulletin, 10/14/2010).  That’s with an 11% cut, not 21%.

Now President P has delayed putting out her budget for two more weeks.  Supposedly, it’s coming out on 2/1/2011.  But between now and then, find out who your County Commissioner is and then make sure to put his or her phone number in your cell phone address book so you can call when needed.  This is urgent and more important than finding out where you are on the seniority list.  And if you look at the list and feel relieved that you likely won’t be laid off, think of your brothers and sisters and their predicament. We are in this together.   It’s OUR problem, not just their problem – –  because if they’re not around to do their jobs, chances are, we will be doing not only our jobs, but their jobs as well.

When the budget comes out and we see what’s in store, we will most likely need to make the calls.  Everything will depend on it.

In Solidarity,

K. S. Galhotra

Sisters and Brothers:

Far too many innocent people have wound up on death row in Illinois.  The General Assembly has passed a bill that would repeal the Death Penalty in Illinois.  But the bill sits on the Governor’s desk.  He is mulling over whether to make it the law in Illinois.  Here are his options: sign it into law; sit on his hands and let it automatically become law; or veto it. Obviously, we don’t want him to veto the bill.

What we need is for every member to call the Governor’s office and tell him that you would like him to sign the bill to end the death penalty in Illinois.  The number for the Chicago Office is – 312-814-2121; the number for the Springfield office is  217-782-0244.  For those who prefer online communication, click the preceding link and leave him a message there too.  Then make sure you tell your friends and family to do the same as you.  As lawyers, your friends and family probably look to you for guidance on issues such as the death penalty.  For more information about how the death penalty just doesn’t work and wastes money, click here.

The Governor needs to know how you feel about this issue.  Tell him to do the right thing and sign the bill.

On January 1, 2011, the new Illinois Rules of Evidence will go into effect.  In 2008, the Illinois Supreme Court, at the behest of then Chief Justice Fitzgerald,  formed a committee to codify the rules of evidence in Illinois. The rules are available on the Illinois Supreme Court’s Website.  In addition, you can go to former Appellate Court Justice Gino DiVito’s website and download his color coded and annotated guide to the new rules.   Justice DiVito was a  member of the committee that drafted the new rules and he only asks that you check his law firm’s website from time to time for updates.  Happy reading!

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Sisters and Brothers:

NEGOTIATIONS The County is under new leadership.  Toni Preckwinkle was sworn in as Cook County Board President on December 6th, 2011,  along with a few new County Commissioners.  Toni Preckwinkle has indicated to AFSCME that she is very interested in ending our two year long attempt at negotiating a new collective bargaining agreement.  With President Stroger, there were NO scheduled negotiations for the last six months which led AFSCME to file a complaint with the Labor Board.  Although that ULP is pending, it may now become moot with the new leadership at the County Building.  We believe that President Preckwinkle will be much more receptive to contract talks so stay tuned to further communications from the union regarding this topic.

21% ? Yes, President Preckwinkle has thrown around the 21% budget cuts for the offices of all  independently elected officials.  The Public Defender is not an elected official.  He is appointed by the County Board President with the approval of the Commissioners and serves a six year term.  Our budget is under the Office of the President.  At this time, we do not know what cuts will be made in our office and how those cuts will affect our members.  AFSCME has been in contact with President Preckwinkle and she has indicated her desire to “minimize effects on front line employees. ”  Time will tell what President Preckwinkle does.

SIGN THE CARD As a way to remind the new County Board President of the County’s obligation to bargain in good faith, we are asking all members to sign cards that are being distributed at work sites urging her management team to return to the bargaining table “with a firm commitment to reaching a fair contract settlement in an expeditious manner.”  How can anyone disagree with that?  Please sign the card and get it back to me no later than December 10, 2010.  The cards will be presented to the President by members of the bargaining team shortly thereafter.

WINTER PARTY The best party in town is  scheduled for 1/21/2011.  This year’s Local party will be at the Crystal Gardens at Navy Pier.  As before, members will be required to RSVP.  Please reply ASAP.  Details to be provided very soon. This will be the party that everyone will be talking about for months, so don’t miss out.

MARTHA In Martha Marie Fitzsimmons’ memory, we are creating a special award to be given from time to time to an individual who exemplifies her incredible spirit and dedication to our clients.  Martha, our dearly departed sister, was an incredible leader of this local from its inception and a fierce and zealot advocate for each and every one of her clients.  We are forming a committee of volunteers who will be charged with the task of setting the criteria and process for selecting the awardee. Membership of this committee is open to members of management as well.   Please contact me if you are interested in becoming a member of the committee.   Let’s keep Martha’s dedication and spirit alive!

On behalf of the Executive Board of AFSCME Local 3315, Happy Holidays!

K. S. Galhotra,  President

The Jack Carey Scholarship Selection Committee has chosen William Murphy to be  the recipient of the Spring 2011 Jack Carey Scholarship.  William is the 26th winner of the scholarship, which is given to an outstanding law clerk in the Law Office of the Cook County Public Defender three times a year.  The award amount was increased from $2000 to $2500 a little over a year ago.

William has been clerking with the office since May of 2009 in the Felony Trial Division.  He received praise from past supervising attorneys Margaret Domin, Kelly McCarthy and Jennifer Willis.  Currently, he has been trying cases with Tim King, taking a not guilty verdict in a burglary case after about an hour of deliberations. He has been actively participating in the courtroom doing motions, conferences, arraignments, fitness hearings and bench trials.  Needless to say, he has been putting his S. Ct Rule 711 license to good use.

William is a J.D. candidate at Loyola University Chicago School of Law and is expected to graduate in May, 2011.  On behalf of the Local and the Scholarship Selection Committee, congratulations William!

Congratulations to Bill Wolf (HTF) on his recent induction as president of the Illiniois Associationi of Criminal Defense Lawyers.  The local encourages all of our brothers and sisters to join and get involved with the IACDL.  The IACDL operates as the local affiliate of the National Association of Criminal Defense Lawyers.  Pictured above is Bill with many of his brothers and sisters from the Local who attended the IACDL annual dinner at the Union League Club on 11/12/10 where Judge Sheila Murphy, a former Cook County Assistant Public Defender, was honored.