Local Honors Former President, Martha Marie Fitzsimmons

Brothers and Sisters:

As some of you may know, our sister, Martha Fitzsimmons left the office after her battle with lung cancer took a turn for the worse.  The Executive Board, voted to honor Martha and her service to our clients and this union by making a donation in her honor to a cause she has felt strongly about for many years.  What follows is a letter that we sent along with a donation to the Illinois Coalition to Abolish the Death Penalty. 

 Martha is also our Member of the Month.

 

February 5, 2010
 
 
Illinois Coalition To Abolish The Death Penalty
332 S. Michigan Ave
St. 500
Chicago, Il 60604
 
Re: Martha M. Fitzsimmons
        Donation
 
         Enclosed is a check for $ 1,033.15, from the attorneys employed as Cook County Public Defenders as members of AFSCME Union 3315, to honor our good friend and leader, Martha M. Fitzsimmons.
 
         We are keeping Martha and her family in our close thoughts and prayers during her illness. And we reflect on the many years of service she dedicated to the cause of upholding the Constitutional protections for indigent citizens charged with crimes. She has worked tirelessly for nearly 25 years in Cook County courtrooms since joining the Office of the Public Defender in April, 1986.
 
         But it was Martha’s work outside of courtrooms to abolish the Death Penalty, and in support of our Union and organized labor, where she happily applied her strength, insight, determination and humor.
 
        Martha could always be counted on to provide good advice and a shove in the right direction.  Please accept the contribution from our members in her name.  And put the money to good use to continue the necessary work to abolish the death penalty in Illinois.
 
 
Respectfully,
 
 
Public Defenders of Cook County
The Executive Board
AFSCME 3315

Cook County Casts Votes for Qualified Judges!

The local is very proud to announce (unofficially) that several of its members have been elected to judical seats in the primary election held on February 2, 2010.  In addition, two former members of this local are also winners in the election.

 

Mark Levitt – winner of the Democratic primary in the 4th Judicial Subcircuit, Lake County.  Mark has been an assistant Cook County public defender for almost 20 years and was lead counsel in the “Browns Chicken” case.  Mark will face a Republican challenger in the general election.

Terry MacCarthy– a supervisor and former member of the local won Full Circuit Bronstein seat in the primary.  He has no Republican challenger in the general election.

Daniel Gallagher- Dan, an assistant at 26th Street was uncontested in the primary and will face a  Republican challenger in the fall.

Ann Finley Collins– A member of the Homicide Task Force, won in a race with many qualified challengers including two sitting judges.  Ann will not have a challenger in the general election.

Judge Jim Epstein – a former public defender who helped organize the local twenty years ago has won a seat on the 1st District Appellate court (McNulty vacancy).

Judge Geary Kull –  another former public defender, was in a very heated race and it still might be too close to call because he has a slim lead of abut 80 votes based on the vote totals available as of  2/3/10 at / 8:00 a.m.

Best of luck to all the winners and thanks to the members of this local who spread the word to  the voters in Cook County to vote for and elect the best of the bunch.

RIGHT TO PUBLIC TRIAL INCLUDES VOIR DIRE

When jury selection began in Eric Presley’s cocaine trafficking trial at the DeKalb County Courthouse in Georgia, the trial court excluded Eric’s uncle from the courtroom saying “[t]here’s no need for the uncle to be present during jury selection.” Defense counsel wisely objected to the exclusion, asking for “some accommodation” but the trial court explained that the courtroom would be full of jurors and that the uncle was welcome back “when the trial starts.”  Sound familiar? The public trial issue was preserved in the post trial motion but the conviction was affirmed by the Georgia Supreme Court.  However, in a per curium decision by the U.S. Supreme Court on 1/19/10, the Sixth Amendment right to a public trial, including voir doir, was vindicated. Read all about it in Eric Presley v Georgia 558 U.S.____(2010). 

No Unfair Taxes for Health Plans for Working Families

The health care reform debates recently have included some discussion of health care plans being taxed.  Here is a very thorough explanation of some recent developments on this issues from Henry Bayer and Roberta Lynch:

As you know, over the past year the American labor movement, along with tens of thousands of our fellow citizens, has been working to make health care available and affordable to everyone.  With strong leadership from President Obama, for the first time since the enactment of the Medicare Program in the 1960’s, Congress has tackled the challenge of reforming the American health insurance system.   

 

This has been no easy task.  Although Medicare, a government-run health care program that covers every senior citizen in our country, has proven tremendously successful and popular, right-wing ideologues and employers teamed up to attack any effort to expand government involvement in reshaping our health care system.  They spread misinformation and managed to confuse many people about what health care reform would mean for the average citizen. 

 

The fact is that health care in America has become big business for the insurance companies who make huge profits and exert enormous control over who gets health care and how it is delivered.  There is no way to reform the system without taking on their power and profits—and only government has the ability to do that. 

 

After months of Congressional debate and widespread public discussion, both houses of Congress have now passed bills that would vastly expand access to health care and would help to rein in the soaring costs of health care.  This legislation would prevent insurance companies from denying coverage for preexisting conditions.  It would make sure that workers who lose their jobs don’t lose health care coverage.  And it would make health care affordable for those who make too much to qualify for Medicaid, but don’t get coverage through their employer, providing health care to some 31 million people who now don’t have it. 

 

These are the common elements which both bills share; there are some differences between them, however, that are still in the process of being worked out.  One of the biggest differences has to do with how expanded health care coverage would be paid for.  The House bill would tax individuals with higher incomes; the Senate bill would tax higher-cost health insurance plans.  

 

The labor movement believed that the House version was preferable, but the Senate has been unyielding in its refusal to tax the wealthy, so we have focused our efforts on trying to reduce the impact that the Senate’s plan to tax higher-cost health plans would have on working families.  (While the tax would be on insurance companies, it has been widely acknowledged that it could be passed on to the employers who purchase plans and ultimately in some part to the workers in those plans.)

 

Over the past few days, President McEntee and other labor leaders have been in meetings with the White House and they announced late yesterday that an agreement has been reached which, we believe, will be incorporated in any final bill that comes before Congress for a vote.  This agreement means that working families will not be unfairly taxed.  It includes the following provisions:    

 

*         State and local government health care plans and health care plans negotiated under collective bargaining arrangements will be exempted from the tax entirely until the year 2018

 

*         The threshold above which the tax would be applied was raised to $24,000 for family coverage and to $8,900 for individual coverage.   (The general range of plan costs for AFSCME members in Illinois is between $15,000-19,000 for family coverage, well below this threshold—and individual coverage is also much lower). 

 

*          Dental and vision benefits will be excluded from the calculation of the threshold. 

 

*          The threshold will be increased if the rise in coverage costs between 2010 and 2013 is higher than forecast.

 

*          The plan increases the threshold for plans that cover retirees and workers in certain high risk occupations.

 

 

All Americans, both union and non-union, will benefit from this agreement because it raises the threshold level and exempts dental and vision benefits.  It ensures that plans dominated by women and older workers, which tend to be more costly, are protected.  It also protects plans covering retirees and workers in high risk jobs. 

 

As is customary with legislation like this, workers who negotiate health care benefits through their union will have a transition period to allow labor and management time to negotiate new terms.  Among the laws with similar transitions are:  The Family and Medical Leave Act, the Health Insurance Portability and Accountability Act, COBRA Health Care Continuation, the Mental Health Parity Act and the Pension Protection Act of 2006.

 

Public employer plans are also protected during the transition, as state and local governments continue to struggle with the Bush Recession.  By exempting their plans from increased taxes, state and local governments will not have to strap taxpayers with more service cuts, which could throw our economy back into another recession. 

 

With this agreement in place, the labor movement can continue its vigorous advocacy for the passage of historic health insurance reform legislation that is a vital step forward in creating a health care system that meets the needs of all Americans.

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AFSCME Responds to Haitian Disaster

As the scope of the disaster in Haiti becomes clear, with reports now that hundreds of thousands may have died, the AFL-CIO has assembled a list of ways we can help:

You can help workers in distress by donating to the Solidarity Center’s Earthquake Relief for Haitian Workers’ Campaign. Click here to make a donation and learn more about how the center is working to help Haitian workers.

The TransAfrica Forum, a longtime ally of the union movement, suggests donations to two organizations already providing aid on the ground in Haiti: Partners in Health and Doctors Without Borders

The 150,000-member National Nurses United issued an urgent call last night through its nationwide disaster relief network to recruit nurse volunteers to assist Haiti. Twitter updates use the hashtag #HaitiRN

Search and rescue teams from Fairfax County, Va., and Los Angeles County, Calif., made up of members of Fire Fighters (IAFF) locals 2068 and 1014, are preparing to head to Haiti to aid in the rescue efforts. Other teams are likely to follow.

 

Happy New Year – the Decade’s Almost Over

Well, there’s nothing like a controvsial topic to begin the new year, but according to the Gregorian calendar, the decade is not over until 12/31/10.  Nevertheless, I wish you all a very safe, happy and healthy new year.  We are crossing our fingers and hoping to have completed bargaining on a new contract by then and submitting  it to the membership for ratification.

Primary Election

As lawyers who appear before judges for a living, we know the importance of choosing  good judges in our elections.  But whom we choose to be County Board President, Commissioner or Governor can be just as important.  Although I wont tell you who to vote for in those races, I will tell you that it is vitally important for each one of you to be an informed voter.  And the burden and obligation to find out which candidate is best is placed squarely upon your shoulders. 

 To help you with that burden, the League of Women Voters, the Better Government Association and ABC Channel 7 will be airing 6 debates, one which already occurred but can be viewed online, to help you make these decisions.  

Because even lawyers who are well informed do not always know the backgrounds and qualifications of all the judicial candidates on the ballot, the Chicago Bar Associaton and the Chicago Council of Lawyers have made their evaluations of candidates avialble to voters on the world wide web.  You, your friends and relatives may want to review these two reports before casting your votes.  Early voting begins January 11th.

Pizza and Pop with the Executive Board

The Local’s Executive Board decided late last year to have meetings at most of our work sites in order to gain an understanding of any issues that concern the membership.  Executive at Large, Bruce Mosbacher, will be arranging the schedule of meetings.  Feel free to contact him at board@cookcountypd.org to help organize the meeting at your site because Bruce and the board may not be as familiar as you are with the best places and times to have our meetings.  We want to begin meetings after the February Primary election and hope to have them concluded by the middle of  March.

Job Audit Grievance Granted

In a prior posting, I asked, on behalf of the local, for members to send me a letter or memo indicating that you were working out of classification (for e.g.,  doing Grade 3 work but getting only Grade 2 pay).  Nearly 25  members sent me information outlining the work that they were doing and requested that the union ask that they be audited. 

The local sent a letter to management, pursuant to Section 19.1 of the Collective Bargaining Agreement, requesting audits of  each member that sent me a letter and the County eventually conducted job audits of each of those members.  The County auditors found fourteen of those members to be working above their pay grade. 

After extensive discussion among the Executive Board members of past practice and the promotion procedure under the contract, the Board decided to pursue a grievance on behalf of those members identified by the County as working above classification.  In December of 2009, Executive at Large Joe Gump and I met with management, had a hearing, and were pleased to have the grievance granted.  As a result of our success on the grievance, these members will be upgraded consistent with the audits within the next few weeks.

In Solidarity,

K. S. Galhotra

President

EXTENDED TERM VACATED

 
In an opinion by Justice LAMPKIN, our Appellate Court holds that an extended term sentence based on 730 ILCS 5/5-8-2, imposed by Judge Alonso, must be vacated because the conviction upon which the extended term sentence was imposed did not occur within 10 years of the previous conviction. Below, the State had successfully argued that since the defendant had absconded for six years during the proceedings the 10 years requirement had been tolled. In vacating the extended term Justice LAMPKIN finds that, “the unambiguous plain language of the statute provides no tolling provision when a defendant causes a delay in proceedings thereby preventing a prior conviction from being a qualifying offense.” (Slip Opinion at p. 10). People v. Abraham Garcia, No. 1-08-1090, 12/31/2009.
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SO YOU THINK WE HAVE PROBLEMS!

After the State rested at a DUI trial, the defense made a motion for a directed verdict. The trial court in Will County heard arguments on the motion and found the defendant guilty as charged. The Public Defender remained silent until the motion for a new trail at which time he noted in his written motion that defendant had been denied his right to present a defense and closing argument. The Appellate Court in the Third District grants a new trial at which defendant should be allowed the right to present a defense!  If you don’t believe this you can read People v Jeffrey Faint, No. 08-0618.

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