Independent Basis for Commitment to DCFS Under the amended Section 2-27 of JCA

In re S.D., No 1-09-0100

Prior to June 1, 2008, section 2-27(l)(d) of the JCA stated that “A minor charged with a criminal offense under the Criminal Code of 1961 or adjudicated delinquent shall not be placed in the custody or committed to the Department of Children and Family Services by any court.”  The language of the statute was amended on June 1, 2008 and added, “…except a minor for whom an independent basis of abuse, neglect or dependency exists.  An independent basis exists when allegations or adjudication of abuse, neglect, or dependency do not arise from the same facts, incident, or circumstances which give rise to a charge or adjudication of delinquency.”

S.D. had recently been returned home after many years in a foster/private guardian home. Living with his mother had not worked out and his mother no longer wanted him in her home.  DCFS appealed the trial court’s decision to place S.D. back into the custody of DCFS after the minor had turned 17 and had been convicted of a criminal offense.  DCFS claimed that no independent basis existed upon which to appoint DCFS as guardian.

Trial court based its decision on the “plain reading of the statute,” and that the amended portion of the statute gave the court wide discretion to do what is in the best interests of S.D.  Judgement affirmed.

(A.F. ,CIV)

Mark Your Calendars

Sisters and Brothers,

I have a few things to mention in this update that will require you to make good use of your calendars.

Holiday Party

First, we have a date for our annual Holiday Party.  The party will take place, once again, at Moretti’s on Jackson.  The date is Friday, December 11, 2009. Needless to say, more details are forthcoming.  The committee this year will be co-chaired by Mellissa Myer (1st), Sara Spivy, Sara Fransene and Kyan Keenan (26th).

Open Enrollment

By now, you should have received a package from the County to acquaint you with the annual open enrollment period for benefits, which ends on October 31, 2009.  Please make any necessary changes before the deadline.  Remember, flexible spending accounts for health care and dependant care do not roll over and must be activated each year.

Jack Carey Scholarship Deadline is 11/1/09

November 1, 2009 is the deadline for the  Jack Carey Scholarship applications for the Winter/Spring of 2010.  The application (which has not been changed for years) is available on our website and can be submitted electronically.  The $2,500 scholarship is available to law clerks who clerk in our office, regardless of the job site. Make sure you have your clerks apply for the scholarship if they are planning on coming back in 2010 to clerk with us.   If you know other eligible law students who would like to clerk for the office next semester, please don’t hesitate to tell them about the scholarship also.

Negotiations

The next round of universal negotiations is on 10/19/09.  As you know, progress has been very slow and I will keep the membership apprised of any developments.

Courtesy

We have very stressful jobs with challenges from not only our adversaries,  but from the caselaw, the judges  and sometimes our clients also.  In these circumstances, it’s easy to get frustrated and angry at the people around us including our union brother and sister attorneys, investigators and support staff.  We should make every effort to be courteous and respectful to our co-workers.  Please make courtesy to the people you work with and around a priority.

Sincerley,

K. S. Galhotra

President

Bernard Sarley Elected Associate Judge

On behalf of the members of AFSCME Local 3315, the Cook County Public Defenders Association, I want to congratulate one of our own, Assistant Public Defender Bernard Sarley (HTF) on being elected Associate Judge by the Judges of the Circuit Court of Cook County.  Bernie, as we call him, has had over three decades of service to the office, with the last two as an attorney in the homicide task force.   Once again, congratulations to an esteemed colleague who will make a fine additon to the bench!  Bernie is also, our member of the month.

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“61 Days” Just Got Shortened. . . to 14.

In the past, if one of our clients was sentenced to the Illinios Department of Corrections (IDOC), they would have to wait 61 days to get any good time credit applied to their sentence. No more!  As of August 30th, 2009, good time credit will now come through in about two weeks.  As a result of this change in policy, our clients sentenced to one year IDOC will come home in about two weeks. This information was verified with the IDOC legal staff before being posted but you may wish to confirm this with IDOC before you advise clients.

 
 Important Update 12/15/09:
Please be advised that the office has been informed by the Illinois Department of Corrections that it will now hold people for 61 days on a 1 year sentence. Recently they had been holding people for 15 days on a 1 year sentence. A 61 day sentence means that these clients will probably be transferred from the Stateville intake center to another institution before they are released. When they were being held for 15 days, they were being held the entire time at Stateville and then released. All previous rules regarding time served in the Cook County Jail prior to the penitentiary sentence are still in effect.

Mark Solock

 
 

 

 

 

BOGUS SEARCH INCIDENT AND/OR INVENTORY SEARCH RESULTS IN REVERSAL OF CONVICTION

Martell Clark was stopped by Chicago Police for a minor traffic violation. Asked for his driver’s license, he produced a ticket and an insurance card. The officer took Martell from the car and placed him in the police car for transport to the station per Chicago police procedure when no license is produced. An “inventory search” of Martell’s car was then conducted, anticipating a tow, resulting in the recovery of cocaine. The trial court, Judge Linehan, denied the motion to suppress but the Appellate Court by Justice Gallagher reversed that ruling and the conviction. Regarding the “inventory search” the opinion concludes that the officer’s “testimony here was insufficient to show that he was acting in accordance with a standardized police procedure regarding the decision to tow” and therefore “no cognizable reason for the impoundment was shown to justify the subsequent search conducted pursuant to it.” People v Martell Clark, No. 1-07-3185, 1st District, 4th Division 9/3/09.

SCHOLARLY FOURTH AMENDMENT DECISION AFFIRMS SUPPRESION

In a lengthy and scholarly opinion delivered by Justice Toomin, the trial court’s ruling (Judge Linn) suppressing cocaine found during a warrantless search of a car is affirmed. The opinion, People v. Rolando Estrada, 1-08-2909 (8/28/09) which reviews the basic doctrines of Terry searches, searches incident to arrests, and the basics of the exclusionary rule, provides a nice review of important and basic Fourth Amendment law.                

Labor Day Greetings

Brothers and Sisters:

On behalf of the Executive Board of Local 3315, I want to wish you all a Happy Labor Day and suggest that if you have no plans for Labor Day, that you consider attending the Labor Day Rally at the Historic Pullman Works.   Whatever you do, please have a safe holiday.

Negotiations:

Although we had two universal negotiations cancelled by the County in August, we are hopeful that one will be scheduled shortly so we can work towards an agreement on wages and health-care.  At the same time, local negotiations have  proceeded smoothly and are near resolution.

Thank Yous

Our summer social events were successful and memorable:  the Navy Pier Event was well attended and thanks go to Amy Thompson (HTF) and Cindy Brown (HTF) for putting together a beautiful evening; also, kudos to David Figura (MDD) for the difficult and thankless task of organizing the Local’s golf outing; despite the threatening weather, many brave members showed up and enjoyed not only golf, but a wonderful banquet too; and thanks also to the wonderful support from friends, members and judges for the Jack Carey Scholarship event at Wrigley Field, including the Cook County Public Defender, A.C. Cunningham Jr.!

Nutshell III:

Despite the announcement in the memorandum distributed by the training division, the Union will not be sponsoring a cocktail reception on any day of the Nutshell.   The Executive Board voted to not spend local funds on this event in light of the lack of public transportation from the event and also the desire to curtail unnecessary expenses during these difficult economic times.

MVP

Speaking of difficult economic times, it is important to have our union voices heard at the County, State and Federal levels.  Because we cannot use your regular union dues for political purposes, it is vital that you join PEOPLE , the political action committee of AFSCME, at the MVP level of $4.20 per pay period.  Many of our members are already PEOPLE members but are giving at the previous VIP level of $2.10 per pay period.  Please up your contribution to the MVP level by contacting  any Executive Board member or calling PEOPLE chair Joe Gump at the Rolling Meadows courthouse.

Resurrection Health Care:

On September 25 and 26, Resurrection workers and their supporters will hold a 36 hour vigil for justice at Resurrection Health Care.
When ?  from 6am Friday, September 25 until 6pm Saturday, September 26.
Where?– 7432 W Talcott, across the street from Resurrection Medical Center
 
Please join us at the vigil or call Kathy Steichen for more information at (312) 320-7717.

Finally, the Executive Board enjoyed meeting and speaking with the new members who attended the new member dinner.  We hope Dylan Barrett, Andre Abale, Lauren Threatte, Matt Bartz, Brent SiggRandalyn Peterson, Steve Herczeg had a fun time and gained some understanding of the history of our Local union from the presentation given by our former president and retiree, Dave Eppenstein

In Solidarity,

K. S. Galhotra

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Statement of AFSCME President Gerald W. McEntee on the Death of Senator Edward M. Kennedy

— The 1.6 million members of AFSCME join Americans of all walks of life in mourning the loss of our closest ally and most steadfast friend in the U.S. Senate, Ted Kennedy. During Senator Kennedy’s nearly 47 years as a servant of the entire nation, the labor movement developed an especially close relationship with him, and AFSCME was proud to stand with him in every political effort he made. We stood by his side when he ran against Jimmy Carter because Ted Kennedy was such a great champion for working people and families.

Senator Kennedy called health care reform the cause of his life, first advocating for national health care in 1966. He made a surprise return to the Senate last summer to cast the decisive vote for the Democrats on a Medicare bill. In his memory, we must continue to do all we can to realize his goal of health care reform.

Beyond what he achieved on the national stage, Ted Kennedy was an empathetic and caring man. He stayed in contact with families who lost loved ones on 9/11 and remained in touch long after the cameras were gone. The tragedies he experienced made him especially compassionate when others endured their own hardships.

For me this loss is particularly difficult. He was not just an ally, but a dear friend. But while Senator Kennedy will no longer raise his voice on our behalf, we will forever remember what he gave all of us: his life, his passion, his commitment to a more fair and equitable nation. In remembrance of him, let us all keep fighting for the causes he championed so willingly and so well, and rededicate ourselves to winning national health care reform.

AFSCME’s 1.6 million members provide the vital services that make America happen. With members in hundreds of different occupations – from nurses to corrections officers, child care providers to sanitation workers – AFSCME advocates for fairness in the workplace, excellence in public services and prosperity and opportunity for all working families.

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American Federation of State, County
and Municipal Employees, AFL-CIO
1625 L Street, N.W. Washington, D.C. 20036-5687
Telephone (202) 429-1145
Fax (202) 429-1120

ITS YOUR PENSION

A careful reading of the recently published and mailed Cook County PENSION NOTES should have alerted you to two important things:

A. Our pension fund’s rate of return was minus 24.5% in 2008 or a loss of about 2 Billion dollars from 2007!

B. An election for a seat on the Pension Board (called Trustee of the Annuity and Benefit Fund) will be held on Wednesday October 28, 2009. Mail ballots can be requested. Nominating petitions for the position can be obtained beginning September 3, 2009 at the Fund’s main office at 33 N Dearborn Suite 1000.

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