Cook County Public Defenders Association

No layoffs will hit this Office without a strong fight from the Union. We will fight to protect the public, our client’s rights to quality representation in the criminal justice system, and the jobs of all public defenders. As we who work here know, layoffs of public defenders would cripple an already teetering justice system: most of us already have case loads in excess of reasonable numbers, the push is on for these many cases to be adjudicated more quickly, and resources have never been sufficient to meet the needs of all our clients; and “tough on crime” legislators continue to enact laws with little regard to their financial impact on the criminal justice system. If we have learned one thing recently from the hundreds of wrongful convictions that have been discovered across the country, it is that more attention and resources need to be directed to the defense of criminal cases, not less resources and fewer attorneys.

This message is starting to get out already, as the Chicago Suntimes today acknowledged the economic irrationality of cutting public defenders who provide cost-effective representation to defendants: http://www.suntimes.com/news/commentary/index.html

Your Union Executive Board is constantly assessing this developing situation, and is working hard to show the impact of cuts to our already skeleton staff of attorneys and to develop a report in collaboration with AFSCME to present to the County Board.

All assistant public defenders should take the following step to stay informed: send your name and email address to brendan.max@cookcountypd.org. This will allow us to keep you in the information loop by allowing us to send you email alerts when important new information is posted on this site, and will allow us to provide you access to the “Members Only” section of this site should we need to post information there. It is our goal to quickly amass an email alert system that reaches every one of our members.

Prepare yourself for action. The Board cannot accomplish its goal of maintaining the current levels of staffing in the office without your help! When the time comes, you may be called to do your part and demonstrate in support of our jobs and our mission in the Office. That is why your email address is important to the Local and you!

By the way, no pink slips have been sent to anyone. The union never “negotiated” any layoffs as a part of contract negotiations. Whoever is spreading that rumor is misinformed and WRONG. Rather than listen to rumor, our members can obtain the most recent information on this developing situation from this site.

In the meantime, you may want to keep up on Todd Stroger’s new approach to County resources, such as commandeering a County elevator and restricting its future use to only providing a lift to him: http://www.suntimes.com/news/politics/182943,CST-NWS-stroger22.article

No one knows at this point what the result of the layoff talk will be in our Office. As many of you know, Ed Burnette has told members in various site meetings that he tendered a 2007 budget to the County Board that includes possible layoffs. Here is what we know at this point:

• Burnette was directed to provide a budget that cut the Office expenses by 17%.
• The County Board is seeking ways to cover a gap in their operating budget.
• Burnette’s resulting budget proposed the elimination of many jobs from our Office: Burnette told one group of members the number was 158 employees, while other information indicated that the number was 99 employees.
• The County budget will likely not be finalized until the end of February, and like all political budget processes, the specifics of the budget will change greatly before then.

During this budget process, your Union Executive Board will seek to express the drastic effects of the proposed budget: gutting about 1/3 of our attorneys means that the County is turning its back on its most needy citizens, the poor who deserve quality legal representation. Further, this short-sighted plan will end up bursting the County budget because of expenses the County will incur in providing constitutionally mandated legal assistance to needy people who will not have access to public defenders if drastic cuts are implemented. We will provide more information as the County budget process progresses.

The First District recently held that the trial court erred in not grant a defendant’s request for an insanity jury instruction. People v. Dwight, 2006 Ill.App.Lexis 1045 (1^st Dist.). In Dwight, the defendant was charged with armed robbery. The victim testified that the defendant approached her while she was seated in her car, originally asked for directions, and then said that he “wanted something” from her. The defendant next asked the victim to be his girlfriend, and then pulled out a gun and took a cell phone charger and a work identification card from the victim.

At trial, the defendant asserted insanity. The defense presented testimony from the defendant’s wife and mother. Both testified that the defendant started exhibiting strange and paranoid behavior prior to the armed robbery, including stating the belief that the FBI and CIA were trying to kill him, stating that he believed he was God, and causing physical harm to himself. Moreover, while no expert testified directly that the defendant was insane at the time of the crime, several experts who examined the defendant diagnosed him with bipolar disorder, manic depression, and paranoid delusional disorder. In rebuttal, the prosecution presented the testimony of a psychiatrist who testified that he believed that the defendant was sane at the time of the crime. Based on this record, the trial court denied the defendant’s request for an insanity instruction.

On appeal, the First District reversed, holding that it was reversible error for the trial court to preclude the insanity jury instruction. The Dwight court held that an expert opinion on the ultimate issue of sanity is not a prerequisite to an insanity instruction. Rather, the defendant need only present enough evidence that, if believed by a reasonable jury, would substantiate an insanity defense.

Welcome Brothers and Sisters to our new website. Your Union Executive Board is committed to communicating effectively with our hundreds of members spread all over Cook County. To that end, the Board made the reformation and operation of this new website a top priority. As you will see by navigating this site, the new website contains much needed information and communication. This website will provide updates on issues of importance to all our members, including:

• The latest in activities of the Union Executive Board,
• Updates on meetings and negotiations with representatives of the Public Defender,
• Contact information for Board members and Union Stewards,
• Members-only access for communication between members and the Executive Board,
• A calendar of upcoming events and dates of importance, and
• Links to other helpful websites.

This website will replace the old union newsletter. When updates are posted on this site, such as new “President’s Messages” and new “In The News” postings, you will receive an email notice directing you to access this site and view the new information. This way, we can provide timely and complete communication about the business of our Union.In addition to this information, our new website allows for ready access to your Union Officers for any questions or comments you have.

Our goal for this site is simple: keep the site updated with current information and listen to your comments about how to modify and improve the content. Please take some time to tour the site and discover what’s here. While you browse, we encourage you to consider sending us ideas. Feel free to send submissions for the “In The News” section, where we will be happy to display postings of general interest to our members. While the Executive Board will work diligently to maintain this site, a true measure of the worth of the site will be gauged by member use and participation.

Here is a brief description of some features of this site:

• Click on “In the News” and get updated information about our Union and other matters that affect our work. This information will be updated regularly, and you can register to receive email notice of updated content.
• Click on “Stewards and Grievances” and get information on resolving workplace problems. Included here are names and contact information for stewards, as well as grievance forms and a description of the grievance process.
• Click on “Hot Legal Topics” to browse summaries of new case law and other timely tips affecting your practice of criminal law.
• Click on “Members Only” and register to gain access to this password-protected area where the Executive Board can provide information intended only for members of our Local.
• Click on “Contact Us” and use this portal to communicate with the Board and to submit any ideas or content for this site.

See you at the Christmas Party. Tom.

Big News! The Cook County Board passed an ordinance on Tuesday, October 17, which secures the rights of assistant Cook County public defenders to bargain collectively through our Union. For the first time since the birth of our Union, our bargaining rights are formally protected.This ordinance is a big victory, coming after many years of attempts to formally protect our bargaining rights. Your Union Executive Board made this ordinance a top priority this year in light of court challenges to attorney unions across the state, and we are excited that our union rights are protected in this manner. We believe that Local 3315 is the only attorney union in the state to successfully obtain this important protection.

Many thanks are due to the people who worked hard to make this happen. Cook County Commissioner Larry Suffredin sponsored the ordinance, and without his leadership, the ordinance would not have been possible. Also, Ray Harris, AFSCME Director of Intergovernmental Affairs, was instrumental in seeing the ordinance become a reality. According to Harris, “We wanted to make sure that we never have to risk any employer trying to take away [Local 3315] or disregard the contract. Now the gains we have won over the years cannot be taken away.”

(Public Defenders thank Commissioner Larry Suffredin for sponsoring the public defender ordinance.)

As reported by the Chicago Daily Law Bulletin on August 17, 2006, the median public defender makes about $13,000 more than the median prosecutor. As this article reported, almost two thirds of our Office now earn over $70,000, while only about a third of prosecutors earn over $70,000.

There are likely several reasons for this apparent difference in pay. One likely explanation is the longevity of assistant public defenders, and the relative lack of attorney attrition. When assistant public defenders stay on the job longer, they naturally attain higher salaries.

Another explanation is undoubtedly the salary gains attained for our members through collective bargaining. The Locals under AFSCME Council 31 fought long and hard for our most recent contract, which secured modest wage increases and reasonable restructuring of health care. In the past, we have been willing to risk wage losses and engage in picketing in an attempt to secure modest raises.

The Union is proud to have played a part in both fighting for a work environment where longevity is possible, and securing meaningful compensation for attorneys engaged in our important work.

As you all probably know by now, Illinois for the first time will require mandatory legal education for all attorneys. What does this mean to you: you will need to attend 20 hours of CLE at seminars that are accredited for MCLE purposes. The Executive Board attempted to negotiate with the Public Defender to formulate a plan through which the Office would provide enough accredited in-house training to satisfy the 20-hour requirement. Without such a plan, assistant public defenders would be left to pay for accredited courses out of our own pockets. The Public Defender refused to work with the Executive Board to formulate such a plan, and further indicated that the Office was not seeking the certified provider status that would permit the Office to provide free CLE course to us in-house.

As of November 15, dozens of legal organizations across the state have successfully applied for certified provider status, allowing the organization to provide free in-house training for attorneys. Among the certified providers are the Cook County State’s Attorney Office, the Illinois Attorney General Office, and many bar associations across the state. Unfortunately, our Office has yet to seek or obtain certified provider status.

The Executive Board will continue to negotiate with the Public Defender to obtain a meaningful plan that would avoid us all having to pay for this required training. If the Public Defender does not agree to a plan that accomplishes this goal, the Executive Board will seek ways to accomplish this goal independently. We will keep you updated on this important issue, and seek your input should the Board need to act independently.