Important Announcement About the Accurate Seniority List Committee

Here is a message from Sara Spivy, the chair of the Local’s newly commissioned  Accurate Seniority List Committee:

The time has come not for you to ask what your union can do for you, but what you can do for your union.

As many of you know, the current Seniority List is inaccurate.  Not only are some people listed more than once, but many have wrong hiring dates.  It is important that we update and maintain the list to ensure that any discrepancies which come up concerning promotions or salaries can be resolved quickly and efficiently.  To that end, please review the information on the most recent Seniority List and forward to me any corrections that need to be made to your information.

Because I am moving offices and don’t have a permanent phone number, you can reach me by calling the 7th floor Reception Desk at 26th Street 869-3217 (773 area code) or via interoffice mail at 26th Street . Please include a way I can reach you to confirm receipt of the new information.

Sara Spivy

AFSCME  Certified Steward

Ryan B. Carlsen Wins Jack Carey Scholarship for Summer 2010

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The selection committee of the Jack Carey Scholarship has chosen Ryan B. Carlsen as the winner of for the  Summer 2010 award.

Ryan is a graduate of Northwestern University where he majored in History.  He is finishing his second year at Loyola University of Chicago Law School and has been clerking at the People’s Law Office.  Ryan’s considerable legal experience also includes working with Kathleen Zellner and Associates in the federal civil rights trial of Fox v. Will County; clerking at the Legal Resources Division with Lester Finkle and Harold Winston; and also as a student member of the Life After Innocence Clinic at Loyola.

His plans are to apply for his S.Ct.  Rule 711 license and put it to good use working in the Felony Trial Division under the supervision of Lakshmi Jha.

Ryan is the 24th winner of the Jack Carey Scholarship, awarded three times each year to outstanding applicants who clerk at the Law office of the Cook County Public Defender.  The Scholarship is named in memory of Jack Carey, past president of Local 3315 and member of the Homicide Task Force who always relished in teaching the fine art of criminal defense to his law clerks.

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WAS THE DOPE IN A GRILL OR BY A TREE? A PRIMER ON IMPROPER REHABILITATION WITH PRIOR CONSISTENT STATEMENTS

 
Chicago Police Officer Carey testified that he observed Tony McWhite obtain suspect narcotics on four occasions from a cigarette box inside a “garbage can type” barbeque grill.  But alas, the vice case report makes no mention of the grill and instead notes that Tony “relocated to a large tree…bent down, and picked up a green-white Newport cigarette box.”  Over repeated and strenuous and learned defense objections, the State was allowed to “rehabilitate” poor Officer Carey with prior consistent statements concerning the grill from arrest reports and the preliminary hearing. The trial court, Judge Matthew Coghlan,sitting as the trier of fact, then relied on this so called rehabilitation in finding Tony guilty as charged.
 
Per the Appellate Court’s clear opinion by JUSTICE THEIS, joined by Justices Karnezis and Hoffman, and quoting the oft ignored black letter law set out in Cleary and Graham, [I]f a consistent statement does not disprove, explain,or qualify the failure to speak or the making of the inconsistent statement, the consistent statement is not admissible on redirect examination.”  Thus, the trial Court abused his discretion by admitting the prior consistent statements, and Tony will get a new trial. Practice tip: Carry this case with you to trial because this error is common is many Cook County criminal courts. Read the full opinion – People v Tony McWhite, No. 08 CR 1232, 3/30/2010.

“I’M NOT AN IMMIGRATION LAWYER” WILL NO LONGER CUT IT

 

 
Juan Padilla, a native of Honduras and a lawful permanent resident of the U.S. for more than 40 years and Vietnam U.S. army veteran, was charged with transporting a large amount of bud in his rig in Kentucky.  His attorney told him not to worry about the immigration consequences of his plea because “he had been in the country so long.” But alas, the plea subjected Juan to automatic deportation. In this important case our own JUSTICE STEVENS wrote for five members of the court that ” we now hold that counsel must [correctly] inform her client whether his plea carries a risk of deportation. Our longstanding Sixth Amendment precedents, the seriousness of deportation as a consequence of a criminal plea, and the concomitant impact of deportation on families living lawfully in this country demand no less.”  You can read the opinion and the interesting concurrence and dissent at Jose Padilla, Petitioner v Kentucky, No. 08-651 559 U.S. ____(2010).
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JURY GUILTY VERDICT OF MURDER REVERSED ON REASONABLE DOUBT!

 
In an interesting opinion by  recently appointed JUSTICE LAVIN, our Appellate Court finds that defendant’s conviction for murder and 36 years IDOC sentence based on the theory of accontability must be reversed because there was a total absence of evidence against the alleged actual offenders. Justice LAVIN joined by J Toomin and Howse finds that the trial court [J Gaughn] should have granted defendant’s motion for a directed verdict.  Read all about it at People v Shawn Garrett, 1-08-3499 3/26/10.
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“OTHER CRIMES” EVIDENCE CONTAINED WITHIN DEFENDANT’S STATEMENTS REQUIRES NEW TRIAL

Defandant Lewis Jackson’s disabled aunt, Doris,  was found dead in her apartment having been stabbed over 30 times.  There was no sign of forced entry. Mr. Jackson lived with Doris in her apartment. During his three days in police custody in Harvey, Mr. Jackson gave six different statements to police and prosecutors. The statements contained facts about defendant’s use of narcotics during the night before and day of the homicide. 
Our Appellete Court orders a new trial because the parts of the defendant’s statements regarding narcotics use constituted improper “other crimes” evidence. “[T]he prosecution did not present sufficient preliminary evidence to permit introduction of Jackson’s drug use as proof of his motive to kill Doris.”  Although not properly objected to, the evidence constituted plain error as the evidence was closely balanced. People v Lewis Jackson, No.1-04-3660, Third Div 3/10/2010.
 

LOCAL 3315 WINS ‘FLASH DRIVE’ CONTEST

Sisters and Brothers:

Here is a letter the Executive Board recently received from our staff representative, Maggie Lorenc.

 

Hey Board,

I just found out today from Henry that our local has won the Council’s MVP Flash Drive in the 251-500 membership category. 

As I understand it, winning locals in each category will receive a $500 cash prize as well as all MVPs in the local to be entered into a drawing for a $500 gift certificate.

This victory once again shows that we have a marquis local that is breaking records at every step.  Everyone who participated in the site meetings and spoke with members during the last few months to encourage them to get involved with this program deserve credit for this honor. 
Virtual high fives everyone!

Maggie

Welcome New Members

Newbies Everywhere

I am excited to welcome the 26 “newbies” to the ranks of our office and Local 3315.   Nineteen started in mid February and seven started in March.  In addition to each one becoming a full member of the Local, the 26 assistants also joined our political action committee at the MVP level.  Please reach out to our new brothers and sisters and share with them your wisdom, experience and support.

MVP “Flash Drive”

Speaking of MVP, our Local is proud to have won Council 31’s “Flash Drive”.  The award was given to our local for signing up the most members, during the period of the drive, at the new MVP level of any AFSCME Local of our size in Illinois.  If you signed up recently and have not received your new PEOPLE jacket, please call Joe Gump in Rolling Meadows.

Pizza and Pop

No doubt that the Flash Drive was a success based on the support of members at the nine Pizza and Pop meetings that were recently concluded.  At these meetings, members were informed of the current health and wage proposals made by the County in contract negotiations; the mechanics of transfers and promotions; the job audit process; and the importance of being signed up for email bursts by sending an email to board@cookcountypd.org Thanks to all of you who helped organize and attended the meetings.  The board is always open to hearing the ideas and thoughts that our members have.

Contract Negotiations

Contract negotiations have slowed considerably since the primary election.  The four AFSCME sheriff’s Locals in Cook County that have been in universal bargaining with us are headed into interest arbitration.  Because the police locals are not allowed to strike, interest arbitration is an available method of settling contract terms.  Essentially, interest arbitration requires both sides to propose their “best offer” and then the arbitrator chooses one of the two proposals as the award.  Needless to say, the incentive is for both parties to propose realistic offers.   The offers made by the County thus far in bargaining, have not been realistic.  It is hoped that the interest arbitration for the four sheriff’s locals will have a positive impact on the pace of our current bargaining with the County.

Labor Management Meetings

Four times a year, members of the Executive Board sit with high ranking members of management in an off the record, informal, wide ranging discussion of issues affecting the office.  The next meeting is scheduled for April 16, 2010.  We welcome suggestions from our membership for issues and topics of concern that would be appropriate for the meetings.  Feel free to pass on your suggestions by forwarding an email to board@cookcountypd.org

Summer Jack Carey Scholarship Deadline

Just a friendly reminder, the deadline for the Jack Carey Scholarship’s $2500 summer stipend is April 1, 2010.  If you have a 2L or 3L clerk working with you or who is interested in working in the office this summer, please have them apply.  Here is the link.

Facebook Page

If you are surfing the pages of Facebook, make sure to become a fan of the Local’s Facebook Page.  There you can find pictures, announcements, and links to relevant information for all Local members.

In Solidarity,

K. S. Galhotra

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Assistant Public Defender, Martha Marie Fitzsimmons (1952-2010).

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Wake and Funeral Mass Arrangements for Martha Fitzsimmons

 Wake:  Thursday Evening    February 25th, 2010 McDonough Hall  (Gleason Building)  2nd floor 1101 Columbian Avenue Oak Park, Illinois  60302

Visiting hours: 6 pm through 9 pm At 7:30 pm, there will be a special service with prayer, sharing memories, and music. Everyone who wishes to share a “Martha story” is asked to write up a reflection and bring it on Thursday evening to share with family and friends. All stories are being collected to create a memory book for Rafa.  

Memorial Mass:  11 AM  – Saturday , February 27th, 2010  St. Giles Church  (Columbian and Greenfield) Oak Park, Il. 60302

 Reception:  McDonough Hall immediately after the service.

Some thoughts on Martha from Larry Spivack, President of the Illinois Labor History Society and Regional Director, AFSCME Council 31 and an AFSCME organizer who helped start this Local.

About 25 years ago Martha Fitzsimmons joined a zealous group of advocates. They were Cook County Public Defenders, but they were more than that. They were a band of activists who sought to bring a Union to the Public Defenders Office. In doing so they were able to bring a much greater sense of dignity to the job, not just in material terms, but also in creating a sense of community that had been lacking for some time. By September of 1987 a ground breaking Agreement between the Public Defender and AFSCME’s newest affiliate, the Cook County Public Defender’s Association had created something almost unimaginable: It was a contract between the parties that made a pathway for a financially durable career as a Public Defender and made an organization that lives to this day with one of the best contracts for attorneys who are sometimes referred to around the country as the Peoples’ Lawyers. Public sector lawyers around the country can, in part, thank Martha Fitzsimmons if they have competitive wages and benefits.

 

This Agreement would not have been reached or lasted as long without Martha Fitzsimmons. Martha was a hard bargainer, known to never mince words or to compromise without cause. Despite her strong opinions and ideas, Martha was one of the few who walked the walk and lived by her own words. Martha stayed active in the Union for the entirety of her career. If not out front on a bargaining committee or on the leadership team of the local union, Martha was a steward the entire time AFSCME represented our office. She was always a resource for younger attorneys who realized the idea of union representation was a natural role for an Assistant Public Defender but had no idea how to get there. Martha’s actions in helping build the union into a vibrant institution is not unique, but nevertheless unusual when it comes to Attorneys. Martha was one of the few who made the connection between unionization and social justice for the indigent and less fortunate. For Martha, defending the Constitution and defending her union contract were one in the same. And it wasn’t just about making more money. The connection to good working conditions and an office that promoted career service and the best criminal defense attorneys anywhere is not a simple concept to conjure. But Martha understood this quite well.

 

It may seem a bit hyperbolic to compare Martha to some of our early heroines in labor history. Mother Jones who fought to end child labor and the dehumanization and  degradation of coal miners; Elizabeth Gurley Flynn who helped bring justice to textile workers; Delores Huerta who struggled for farm worker’s rights or even Jane Adams who marched in nearly every worker’s cause. But we would be remiss if we didn’t think of Martha Fitzsimmons when we think of some of the women today who have advanced the cause of workers in general and women and children in particular.

 

I am sure that Martha will be remembered by many of her clients for how she helped them. It is my hope that any PD who has benefited from Martha’s lifetime of service to the office and her union will realize that their standard of living today, their ability to provide a extraordinary service to “the people” is in a large part, due to a women named Martha Fitzsimmons.

PCS/W Intent REDUCED IN TWO WAYS

In a well reasoned opinion by Justice McBride,  issued on 2/5/10, a conviction for PCS/W >1 gram <15 grams was reduced to a Class 4 PCS because 1:  The forensic chemist testified that he combined multiple packets to determine weight before testing for the presence of a controlled substance thus giving the Court “no way of knowing whether each packet contained heroin or if only one contained heroin.”  2:  Testimony that the defendant dropped a package containing 13 packets of suspect heroin while fleeing from the police plus the $40.00 recovered from the defendant was insufficient to prove intent to deliver.  Read People v.  Clinton No. 1-08-0720 here.