To our Brothers and Sisters in Local 3315:
As a public defender we voluntarily take on the burden of representing indigent individuals whom, it can
be said have not had the best of days. These individuals, in their “outside” lives have often been ignored,
exploited, and victimized by society, and now have been thrust into a criminal system where, yet again
they expect to be ignored, exploited and victimized. It is a public defender’s job to stand at the precipice
and scream “STOP”! We must confront the court, the state, the police, the witnesses, the probation
department, and any other entity that is opposed to our client’s fair representation. Many times we do so
for a client that does not trust us as we are perceived as part of the very system that stands to punish
them.
Due to the prevalence of secondhand trauma and compassion fatigue, being a public defender is among
the most stressful occupations that exist, with some of the highest incidents of substance abuse and
mental health problems. Narrowing down the general occupation of lawyer to trial attorney, criminal
defense attorney and to public defender, the stress increases exponentially.
It is the line public defender that directly communicates with their client in court, at the jail, on the phone and through correspondence. It is the line public defender who is responsible for working up the case. It is the line public defender who researches the law, who prepares the motions, who works with their investigator, who preps their witnesses, who negotiates with the prosecution and who tries the case. It is the line public defender who is ultimately subject to the professional rules of responsibility and it is the line public defender who pays for their license. It is also the line public defender that explains to the client’s family that they are going away to prison as the family breaks down in tears. It is the line public defender that listens to and absorbs the frustration of the client as the client tries to process what
happened in court. It is the line public defender that wakes up in the middle of the night after a loss,
wondering was there something else that I could have done differently. It is the line public defender that
remembers, for the rest of their lives, the names and the faces of the clients that they were not able to
help.
This is why we MUST have a Head Public Defender who cares about the line public defender, and who has their back. As we have all experienced, our clients want to know that we will fight for them. Regardless of the outcome at trial or motion, when our clients see us stand against the entities arrayed against them they realize, possibly for the first time, that while the result they seek may not happen the public defender that stood there and screamed “STOP!” was on their side. That public defender had their client’s back.
AMY CAMPANELLI, when given the chance to “have our backs,” has consistently declined.
AMY CAMPANELLI declined to have our back when after just four months in the office, a probationary
public defender assigned to Child Protection, was “perp walked” out of the building and terminated. This
was a brand-new public defender who was put into a heavy courtroom with no training. Rather than train and support that brand-new public defender, AMY CAMPANELLI and her leadership team made the decision to terminate the new public defender. AMY CAMPANELLI made that decision with no regard to the effect it would have on that new lawyer’s colleagues at Child Protection, or the morale of line public defenders throughout the office.
AMY CAMPANELLI declined to have our back when the “Pop Tax” was repealed and 63 public defenders
received layoff notices. AMY CAMPANELLI wrote a memo. The Union fought against those layoffs by
gathering our sisters and brothers together in solidarity, meeting with commissioners, calling
commissioners, meeting with other concerned parties in the criminal justice community and speaking at
public hearings to convey the importance of our work to all who would listen. It was the Union’s efforts
that resulted in NO LAYOFFS. AMY CAMPANELLI did, however, find the means to hire a new six figured salary deputy director in this office, three days after 63 of our Brothers and Sisters in local 3315 received layoff notices.
AMY CAMPANELLI declined to have our back after the change in Holiday Bond Court. It was AMY
CAMPANELLI that instituted changes that resulted in public defenders being forced to participate in what had previously been a voluntary process. The Union interceded, and it wound up costing the office more to compensate members who eventually did the work. This could have been avoided.
AMY CAMPANELLI declined to have our back when Chief Judge Evans signed an order allowing public
defenders to represent those in custody at police stations. AMY CAMPANELLI enacted a policy for
coverage that impacted every public defender in the office without regard for the impact on the clients
already being represented. AMY CAMPANELLI then tried to implement a unit based on the State’s
Attorney’s Felony Review Unit without negotiating with the Executive Board as required under the
collective bargaining agreement. AMY CAMPANELLI made no effort to secure assurance from the county that the public defenders who went out into the stations and represented our clients would be
indemnified. It was the Executive Board that met with Cook County Commissioners to secure, in writing,
assurance that anyone working in the Police Station Unit would be covered! That unit is currently the only fully staffed unit in the office with 9 assistants who average less than two station visits in every 24-hour day.
AMY CAMPANELLI declined to have our back after Dr. Marcos, of Forensic Clinical Services, contacted AMY CAMPANELLI to complain about one of the public defenders at 111th & Ellis. A public defender,
attempting to enforce a judge’s order regarding a fitness evaluation for one of the public defender’s
clients, used a “bad word” that hurt the feelings of one of Dr. Marcos’ staff members. AMY CAMPANELLI gave that public defender a written reprimand. That grievance was successful at the third stage and the Union was able to get it removed from that public defender’s file.
AMY CAMPANELLI declined to have our back after implementing an out of date, non-user friendly, nontrial support ready case management system. AMY CAMPANELLI created additional, repetitive,
unnecessary and time-consuming mandatory clerical work for lawyers who already carry caseloads above and beyond ABA recommendations.
AMY CAMPANELLI declined to have our back after implementing a mandatory policy of “brain-storming” cases set for jury for all public defenders in the office, including grade 3s and 4s. AMY CAMPANELLI then “changed” her mind, made “brain-storming” voluntary, but let it be known that lack of “brain-storming” would impact public defenders’ promotional prospects.
AMY CAMPANELLI declined to have our back after refusing appointment to a murder client resulted in a contempt of court proceeding against her that, if successful would not allow this office to represent clients in conflict cases (and therefore MDD). AMY CAMPANELLI pushed a policy that would ultimately hurt our clients and cost more money to represent those affected. The Illinois Supreme Court in the Cole decision summarily rejected her position and the U. S. Supreme Court reject her request for to be heard.
AMY CAMPANELLI declined to have our back after being made aware of the hostile work environment
negatively affecting many of the female public defenders. AMY CAMPANELLI did not have their backs and is currently a defendant in a class action federal lawsuit that survived her motion to dismiss last June and on August 12 of this year, was certified to proceed as a class action. (The opinions and order of the federal district judge are available online). Also available on the county’s website are the legal fees that are being charged to the taxpayers of Cook County (June 2019 Board Meeting 18-4228 Firm: McGuireWoods, LLP. Special State’s Attorney(s): Christina M. Egan Case Name: Brown, et al. v. Cook County, et al., Howard, et al. v. Cook County, et al., Wilson, et al. v. Cook County, et al., Caloca, et al. v. Cook County, et al., EEOC Charges – Assistant Public Defenders, Class Action Case No.(s): 17 C 8085, 17 C 8146, 17 C 8248, 17 C 9056 Time period: 11/01/2017 – 03/31/2018 This Court Ordered Amount for fees and expenses: $470,635.89 Paid to Date: $0.00 Litigation Subcommittee Approval: 05/15/2018).
These are just some of the examples where AMY CAMPANELLI has failed to have our backs, and as we all know this is by no means an exhaustive list.
Article XIV, Section 14.6 of the Collective Bargaining Agreement is entitled “Union and County Meetings” and reads as follows:
For the purpose of conferring on matters of mutual interest which are not appropriate for
consideration under the grievance procedure, the Union and the County agree to meet quarterly,
or as mutually agreed otherwise, through designated representatives at the request of either
party and at mutually agreed upon times and locations.
This provision providing for Labor/Management meetings has traditionally been a mechanism whereby
this office can become a better place to work, which in turn directly benefits the clients that we all
represent.
The Executive Board has been present at each and every Labor/Management Meeting ready, willing and
able to work together with this administration to better this office and in turn, help the people we defend. For over two years, AMY CAMPANELLI, the Public Defender of Cook County, has refused to show up for these meetings. For over two years, her absence coupled with the lack of authority given to her designated representatives to agree on anything of substance, has effectively made these meetings
worthless.
The essence of working in this office, doing the work that we all chose to do, is based on us working
together and having each other’s back. For the most part, the public despises our clients and despise us
along with them. We need each other and we need an environment that supports us. We need the
support of AMY CAMPANELLI and we need her to have our backs.
Unfortunately, AMY CAMPANELLI has not chosen to support us. By not meeting with the Executive Board and “conferring on matters of mutual interest” she has time and time again demonstrated that she does not care about the public defenders that represent “her clients.” It is hypocritical to maintain that she cares about “her clients” when she will not work with the public defenders in her office who actually represent them. It is hypocritical to implement policies and directives without getting the input of the public defenders who do the job or from the Union elected by those public defenders to represent them.
There was a time not long ago, where the Head Public Defender went to bat for their public defenders.
Policies and procedures were implemented that helped the public defenders better represent their
clients. Policies and procedures that made the seemingly impossible task of “defending the damned” a
little bit easier.
There was a time not long ago, when the Head Public Defender had the assistants’ backs in
interdepartmental disputes and stood up to Judges’ unreasonable demands. One Head Public Defender
even went so far as to sue the county on our behalf.
With AMY CAMPANELLI it seems like every day there is a new email, memorandum, or “emergency
meeting” about a new policy that will be implemented. Sign in, sign out, log your jail visits, brain storm
with two attorneys, a supervisor, support staff and submit a rundown of the case. Public defenders being
written up for having the audacity of litigating to a guilty verdict. Pre-disciplinary hearings for mixing up
a special court assignment one time. Putting new grade 1 attorneys at sites where grade 2 attorneys had
already properly bid for openings. Micromanaging the use of sick time. Just because she can.
AMY CAMPANELLI has forgotten what it is like to be a public defender in this office. She has forgotten
what it is like juggling 50, 100 or even 200 cases. She has forgotten what it is like juggling 50 to 100 cases or more consisting of trials, motions, hearings and visits with the obligations of everyday life and need to maintain one’s own health and well being. She has no idea what it is like having a client MASTURBATE on you while another client watches as he too is masturbating. She has become a revisionist historian.
Every issue that has arisen could have and should have been discussed and worked out at the
Labor/Management meetings. That is the purpose of Labor/Management: to work out issues that make
our workplace and our jobs better. Our clients are the beneficiaries of that work. Management Rule 1 is
that if you encourage, support and trust your employees to do their jobs and not micromanage them,
they will exceed your expectations.
So, what can you do? Every member of this local has a stake in the working conditions and environment
in this office. Together lets all tell AMY CAMPANELLI that she should be at the next scheduled
Labor/Management meeting on Friday, September 6, 2019, at 69 West Washington at 1:30pm. We expect her to be there!
CALL AMY CAMPANELLI AT HER OFFICE : (312) 603-0600
SEND AMY CAMPANELLI AN EMAIL: amy.campanelli@cookcountyil.gov
REMIND AMY CAMPANELLI WHEN YOU SEE HER, PERHAPS AT NUTSHELL
SEND AMY CAMPANELLI AN INTEROFFICE MEMO
SHOW UP AT THE LABOR/MANAGEMENT MEETING ON SEPTEMBER 6!
If AMY CAMPANELLI is not already planning on being there, she should adjust her schedule because the work of our office and the well-being of the attorneys, support staff and investigators who do that work matter. They should matter to her!
K J Ochalla, President Local 3315
Cook County Public Defender’s Association
Mark Douglass, Vice-President
Brett Gallagher, Treasurer
Kyan Keenan, Secretary
Colleen Gorman, Executive at Large
Joshua Nathan, Executive at Large
Theresa Nelson, Executive at Large