Showing posts with label Courthouse. Show all posts
Showing posts with label Courthouse. Show all posts

Tuesday, April 28, 2026

Two current stories on CWBChicago that merit discussion by the bench and bar

The Saturday murder of a Chicago Police officer, and the grave wounding of his partner, at Swedish Covenant Hospital, is being covered everywhere at this point. The suspected murderer, now in custody, is a seven-time convicted felon "who is also an active parole absconder and electronic monitoring escapee with cases pending for armed carjacking and armed robbery," according to this April 27 article on CWBChicago. Other media outlets have also reported the suspect's lengthy criminal history.

Social media outlets are aflame with varying degrees of outrage, charges and countercharges of partisan hypocrisy, and judge shaming. Feel free to visit those if you are interested in the generation of more light than heat.

Today, though, I would like to ask FWIW readers to try to step back from the strong emotions of the moment and consider some questions raised by two additional stories on CWBChicago, "Judge pointed to SAFE-T Act, freed suspected cop killer on ankle monitor ‘over the state’s rigorous objection’" (posted early this morning), and "With cop killer case, Chief Judge’s electronic monitoring overhaul appears to have failed in spectacular fashion" (posted last evening).

As lawyers, we have a role in reminding the public that judges must follow the law.

Indeed, judges must follow the law, even if the law is stupid, unpopular, or even dangerous, just so long as the law is constitutional. ("The wisdom of the enactment of any law is vested in the discretion of the Legislature, and courts cannot declare the laws invalid because they are unwise or unreasonable." People ex rel. Shultz v. Russel, 294 Ill. 283, 286 (1920).)

The SAFE-T Act is constitutional. Rowe v. Raoul, 2023 IL 129248.

But that is not the end of the discussion. It is merely the starting point: Since the SAFE-T Act is constitutional, our judges must follow it. Tim Hecke's article about the December 11, 2025 hearing before Judge John Fitzgerald Lyke, Jr., which concerned the possible pretrial detention, on other charges, of the individual now accused in the murder of a police officer, provides a useful example for our conversation: In light of what was before him at that time (and not in light of what has allegedly transpired since), did Judge Lyke correctly apply the SAFE-T Act in deciding against further detention of Alphonso Talley?

Judges, fellow lawyers, quirites, I think there must be three possible answers to this question: First, yes, Judge Lyke did correctly follow the SAFE-T Act, and, under the law, he could not have further detained Talley. Second, yes, Judge Lyke correctly followed the SAFE-T Act, but he also had discretion, still within the letter of the law, to keep Talley in pretrial detention. Or, third, no, Judge Lyke did not correctly follow the SAFE-T Act, pursuant to which Talley should have remained detained. (Perhaps there are other possibilities, and, if you think that this is the case, I would earnestly ask you to tell me what those might be.)

But... assuming these three possibilities... here is where I beg you to come forward and answer these follow up quesitons. Let's work backwards on these:
  • Assuming the third option, that the judge incorrectly applied the SAFE-T Act, what specific provisions of the law did the court fail to sufficiently consider, or give sufficient weight, in coming to an incorrect conclusion?

  • Assuming the second option, that, though the judge correctly followed the SAFE-T Act, he could have nevertheless reached the opposite conclusion, and maintained Talley in custody, what provisions of the Act should the court have cited and relied upon in order to keep Talley in jail?

  • Assuming the first option, that the court had to release Talley in order to comply with the SAFE-T Act, are there specific, concrete amendments to the SAFE-T Act that you can suggest that would have given the court the tools to keep Talley in custody?
Some segments of the public insist repeal is the only remedy. I don't think repeal is politically viable in the foreseeable future, no matter what further tragedies occur. Too many prominent people would see any attempt at repeal as an attack on their good intentions. I prefer to assume that most of us -- nearly all of us -- have good intentions. But good intentions do not automatically translate to good policy. Since we are lawyers, we can formulate, and advance, specific, practical solutions that honor the good intentions of the original drafters while actually enhancing opportunities for public safety. What can you offer?

The recognition that most of us have only good intentions at heart brings me, briefly, to the second cited CWBChicago story about the apparent problems in monitoring criminal defendants who are not detained pretrial, problems also illustrated by the Talley case. I assume that the courts, prosecutors, public defenders (and private defense counsel, where applicable), and the employees of the Chief Judge's office all have the best intentions to make electronic monitoring work. But is it a sin and a shame to further assume that, perhaps, just perhaps, some persons accused of crimes, who are granted the privilege of electronic monitoring before their trials, might not share the same good intentions as these others?

What specific reforms or revisions can we advance to enhance the goal of keeping electronic monitoring available as an option without endangering the public? What options do we have under current law to restrict electronic monitoring in cases, such as appears to have happened in the Talley case, for accused persons who abuse the wholesome or appropriate opportunities that are supposed to be afforded by electionic monitoring? Are changes in the applicable laws necessary? Specifically, what changes need to be made?

I'd love to be able to offer a comprehensive reform program here, but, at this time, I do not think I can. I did not practice in the area of criminal law. Now -- of course -- this being the Internet -- ignorance or inexperience seems to provide no brake on persons shouting, with every indicia of certitude, exactly what must be done and how. I choose not to do this... although I reserve the right to develop and refine opinions in my own good time.

But, for now, I turn instead to you, FWIW readers. I know a lot of you deal with the SAFE-T Act every day. You are acquainted with, and even well-versed in, the growing body of case law that has arisen following pretrial detention hearings. I ask you to strongly consider sharing your expertise with us all. Let us help the public by helping each other to better apply a law that seems, despite the best of intentions, to be tragically flawed. If changes in the law are warranted, let us help the legislature make specific changes that will benefit the law-abiding public.

In other words, leave a comment here. Use your own name, too. Maybe you can become someone that serious journalists can turn to for explantions on these issues.

Friday, April 24, 2026

Wake and funeral arrangements announced for former Appellate Court Justice Gino DiVito

Former Appellate Court Justice Gino DiVito will be waked next Thursday evening, from 4:00 p.m. to 7:00 p.m., at Donnellan Family Funeral Services, 10045 Skokie Boulevard, in Skokie. The funeral Mass will be offered Friday, May 1, at 10:00 a.m., at Our Lady of Perpetual Help Church in Glenview.

Justice DiVito stepped down from the Appellate Court in 1997, but continued to practice law for many years afterward. In later years, we were actually on opposite sides of an appeal (though there was no oral argument). On another occasion, DiVito attempted to mediate a convoluted coverage matter in which I was involved. It was a truly thankless task -- condominium cases can be quite bitter -- and a happy resolution was likely doomed from the outset because, pursuant to orders of court that I was unsuccessful in overturning, my carrier was effectively funding both sides of the litigation.

It is very difficult to persuade warring parties to make peace where the costs of their conflict are being picked up by others. In this, at least, what is true in global strategy is at least as true in the Circuit Court of Cook County. But I remember, and appreciate, Justice DiVito's efforts on that occasion.

Because he left the bench so long ago, it is quite likely that most FWIW readers would not have appeared before Justice DiVito in court. I did. One matter where I appeared in front of him comes immediately to mind. (He wrote the opinion ruling against me... but, then again, who didn't serve on the Appellate Court and rule against me at least once?) But my 'war stories' from that case don't really involve Justice DiVito. Therefore, having no really good anecdote of my own to share, let me instead refer the reader to the obituary posted on the Supreme Court's website and Justice DiVito's biography on his own firm's webste.

Requiescat in pace.

Monday, April 20, 2026

Clerk announces Amnesty Week for traffic fines -- no amnesty or discount on filing fees, however

This notice was in several of my inboxes in the last few days, and I certainly hope that this effort by Circuit Court Clerk Mariyana T. Spyropoulos will rake in some overdue fines that might otherwise have gone uncollected. Lord knows, the County needs the money.

I only wish the Clerk would consider discounted filing fees for appearances, jury demands, and new case filings. It would have done me a lot of good when I was practicing, particularly when representing individuals (as opposed to large corporate clients) in smaller matters. No matter that I attached the receipts, or provided copies of the fee schedules: When the filing fees equal or exceed the lawyer's fee, a lot of clients become convinced that the lawyer is somehow double-dipping. Yes, I realize that much of our filing fee structure is statutory... and the Clerk has limited (if any) discretion in these matters... but still....

Judges and the occasional politician who pays attention to the civil courts may wonder sometimes where all the pro se litigants have come from in recent years. I don't wonder at all. I've just explained it to you.

Saturday, January 24, 2026

FWIW now has six million page views

It happened yesterday, possibly because a lot of FWIW readers were at home on account of the cold. (For those, like me, who weren't paying attention, courts were closed yesterday due to the subzero temperatures. Courthouses in Markham, Skokie, and Maywood were open, but only as warming centers.)
Anyway, FWIW has now passed six million page views. This is an aggregate figure. FWIW has been around since 2006, and it has always been published on Blogger.com. But Google, Blogger's parent, was not keeping track of page views back then; I'm not sure when it started.

I can tell you that the five million page view mark was reached in early April 2025, roughly 292 days ago. The four million page view milestone was reached on or shortly before May 1, 2023, roughly a thousand days ago.

FWIW reached the million page view mark in August 2015, the two million mark in March 2018, and the three million mark in October 2020.

It took 941 days for FWIW to go from one million to two million page views. It took 10 days longer -- 951 days -- to get from two million to three million. It took 917 days to go from three million to four million. But it only took another 709 days to go from four to five million. And now it has taken only 292 days to go from five to six million. I wish I could get that kind of growth on my investments. I also wish I could claim that this growth is attributable to some sincere growth in interest in our local judiciary in general, or in FWIW in particular.

But, alas.

On my increasingly infrequent trips downtown, I see precious little evidence that suggests that FWIW is better known now that it was in the past. This has always been a very specialized, niche site (at least since I started seriously covering Cook County judicial races in 2008). There are only so many people who might be interested in this topic. Of course, readers could be flocking here because of my crisp, entertaining prose, their limited interest in the comings and goings of our local judiciary notwithstanding....

And then I wake up.

But, however it has happened, I have accumulated six million page views here on FWIW. I'm grateful.

Tuesday, December 09, 2025

New Chief Judge appoints new deputies, keeps some existing presiding judges, appoints some new ones

Charles S. Beach II, the new Chief Judge of the Circuit Court of Cook County, made this announcement last Friday:
Chief Judge Charles S. Beach II has announced a restructuring of the Circuit Court of Cook County with the creation of three deputy chief positions. The new deputy chiefs of criminal operations, civil operations, and first appearance court operations will provide guidance on important court matters and serve as a resource to judges across the Circuit. The restructuring is part of a broader effort to strengthen court operations, support the judiciary and reinforce public trust in the Court.

The Hon. Erica L. Reddick will serve as the Deputy Chief of Criminal Operations. The Hon. Michael B. Barrett will serve as Deputy Chief of Civil Operations. The Hon. Mary C. Marubio will serve as Deputy Chief of First Appearance Court Operations.

“Each of these judges shares my commitment to strengthening access to justice for all,” said Chief Judge Beach. “I look forward to working with them to enhance efficiency and fairness across Cook County.”

Included in Friday’s orders, Chief Judge Beach appointed four new presiding judges: Hon. Michael T. Mullen for the Chancery Division; Hon. Tom S. Sianis for the First Municipal District; Hon. Mary C. Marubio for the Second Municipal District; and Hon. Susana L. Ortiz for the Pretrial Division.

The following presiding judges were reappointed to their positions:
  • Hon. Maureen Ward Kirby for the County Division;
  • Hon. Thomas V. Lyons II for the Law Division;
  • Hon. Daniel B. Malone for the Probate Division;
  • Hon. Regina A. Scannicchio for the Domestic Relations Division;
  • Hon. Judith Rice for the Domestic Violence Division;
  • Hon. Donna L. Cooper for the Juvenile Justice Division;
  • Hon. Andrea Buford for the Child Protection Division;
  • Hon. Erica L. Reddick for the Criminal Division;
  • Hon. Jill C. Marisie for the Third Municipal District;
  • Hon. Geary W. Kull for the Fourth Municipal District;
  • Hon. Kerry M. Kennedy for the Fifth Municipal District; and
  • Hon. Tommy Brewer for the Sixth Municipal District.
Chief Judge Beach also signed an order appointing three deputy presiding judges: Hon. Anjana Hansen for the Second Municipal District; Hon. Kent A. Delgado for the Probate Division; and Hon. Kathryn M. Vahey for the Juvenile Justice Division.

Consistent with the structure used in the suburban municipal districts, the Traffic Division will merge into the First Municipal District. The following judges will serve as supervising judges for the First Municipal District: Hon. Sondra Denmark for Trials; Hon. Daniel Gallagher for Branch Courts; and Hon. Diann K. Marsalek for Traffic. The Hon. Ankur Srivastava will serve as Supervising Judge for the Pretrial Division. The Hon. Neil H. Cohen will serve as Supervising Judge for the Chancery Division. The Hon. Abbey Fishman Romanek will serve as Supervising Judge for the Domestic Relations Division. All other currently appointed supervising judges will remain in their roles.

This restructuring also includes the creation of the New Judge Orientation and Training Section to assist new judges as they take the bench. In addition to her role as supervising judge, Hon. Diann K. Marsalek will chair the new section. The Hon. Adrienne E. Davis will serve as vice chair.

The three deputy chief appointments are effective immediately. All other judicial appointments are effective January 5, 2026.

All orders will be available on the Circuit Court website.

Wednesday, June 04, 2025

Chief Judge Evans announces several new presiding judges

The following is a press release issued yesterday by the Office of Cook County Chief Judge Timothy C. Evans:
Chief Judge Evans is pleased to announce the following judicial assignments.

The Hon. Thomas V. Lyons, II, has been appointed Acting Presiding Judge of the Law Division of the Circuit Court of Cook County, effective immediately.

Judge Lyons was appointed to the bench by the Illinois Supreme Court in 2008, and was elected to that position in 2010. Judge Lyons began his judicial career in Traffic Court, and then as a jury trial judge in the First Municipal District. Since 2014, Judge Lyons has served as a trial judge in the Law Division.

Judge Lyons began his legal career in the Cook County State’s Attorney’s Office, where he served in the Criminal, Narcotics, Special Prosecutions, and Civil Actions Bureaus of that office. Judge Lyons served as Deputy Chief of the Civil Actions Bureau under State’s Attorney Richard Devine before working as a trial lawyer in private practice.

Judge Lyons succeeds Law Division Presiding Judge James P. Flannery, Jr. and Acting Presiding Judge Kathy M. Flanagan.

“I am honored and humbled to be chosen to serve the division in this capacity,” Judge Lyons said. “I look forward to continuing to work with the Chief Judge, and the judges and attorneys working in the Law Division to help the division run as efficiently and fairly as possible.”

Judge Lyons is the former Chairman of the Torts Section Council for the Illinois State Bar Association, a member of the Women’s Bar Association of Illinois, and has served as a member of the Board of Directors of the Illinois Judges’ Association and the Illinois Judges’ Foundation. He is a frequent presenter at CLE presentations and seminars and serves as a faculty member for the Education Conference of Illinois Judges.

He earned his BA from Northwestern University and his JD from Loyola University School of Law.

The Hon. Maureen Ward Kirby has been appointed presiding judge of the County Division of the Circuit Court of Cook County. Judge Ward Kirby has been serving as Acting Presiding Judge since July 2023, when she replaced the Hon. Rena Marie Van Tine, who was appointed a justice with the First District Appellate Court.

Judge Ward Kirby joined the bench in 2007 following a distinguished career as partner at Bell, Boyd & Lloyd, handling complex commercial litigation cases. She also served as a law clerk to the Honorable James H. Alesia of the Northern District of Illinois.

Prior to joining the County Division, Judge Ward Kirby was assigned to traffic court in the First Municipal Division and was later transferred to the Domestic Relations Division.

Judge Ward Kirby is also a frequent lecturer on civil mental health law, is a member of the Illinois Mental Health Task Force, and currently serves on the Illinois Supreme Court Special Advisory Committee for Justice and Mental Health Planning. Judge Ward Kirby is a certified Supreme Court of Illinois new judge judicial mentor and has previously served as a New Judge Cohort Leader. She graduated magna cum laude from Boston College and from Loyola University of Chicago Law School.

The Hon. Geary W. Kull has been appointed Presiding Judge of the Fourth Municipal District of the Circuit Court of Cook County. Judge Kull has been serving as Acting Presiding Judge since October 2023.

Judge Kull has been a judge of the Circuit Court of Cook County since 2009, and has served in the Fourth Municipal District, in Maywood, since 2011. He was first appointed to the bench by the Illinois Supreme Court, and won election to the Ninth Subcircuit in 2010.

Prior to joining the bench, Judge Kull served as an assistant public defender for Cook County between 1975 and 1981, including as a member of the Murder Task Force between 1979 and 1981. Before going to the Public Defender’s Office, Judge Kull served for three years as a case worker for the Cook County Department of Public Aid. At the end of his service with the Public Defender, Judge Kull maintained a private criminal defense practice between October 1981 and 2009.

Judge Kull is a graduate of John Marshall Law School (now the University of Illinois Chicago School of Law), and has a bachelor of science degree from the University of Arizona. When appointed Acting Presiding Judge in 2023, Judge Kull replaced the Hon. Ramon Ocasio III, who was appointed a justice with the First District Appellate Court.

Judge Evans also assigned Circuit Judge Catherine A. Schneider to the County Division, effective June 9, 2025. Judge Schneider was previously assigned to the Law Division.

Judge Evans also assigned Circuit Judge John T. Tully, Jr to the Law Division, effective June 9, 2025. Judge Tully was previously assigned to the County Division.

Judge Evans also assigned Circuit Judge Ralph E. Meczyk to the Fourth Municipal District, effective June 10, 2025. Judge Meczyk was previously assigned to the Traffic Division.

Tuesday, March 11, 2025

Covid fears, then and now: On the occasion of the fifth anniversary of the start of the "two week" shutdown


The Covid lockdowns began five years ago this month. By early March 2020, ominous stories about this mysterious respiratory ailment – this novel virus – were becoming all too common, and it had already impacted Lunar New Year celebrations in Chicago. Of course, initially, we were encouraged to keep on doing our usual activities. A February 3, 2020 Block Club Chicago article quotes Lori Lightfoot, then Mayor of Chicago, as saying, at a news conference ahead of the Chinatown Lunar New Year Parade, that there was no reason for people to wear masks. She said public health officials had determined the risk to Chicagoans to be very low. Quoting now from the article: “‘As you can see, I’m not wearing a mask, and I won’t be because I don’t think it’s necessary,’ Lightfoot said.”

According to the article, only “two [Covid cases had] been reported in Chicago, [though] more than 17,000 cases of the virus have been reported worldwide, resulting in 360 deaths.” Despite the Mayor’s encouragement, however, the article notes that attendance for the parade was down – a bit – from what would ordinarily have been expected.

Things changed in a hurry.

And, of course, the same people who were saying c’mon down to Chinatown and party were, only weeks later, insisting that we stay inside our homes, locked up tight, for two weeks “to stop the spread.” And, yet, things hadn’t really spread much at all at that point.

The first death in Illinois was not announced until March 17, 2020. There were only a dozen new cases reported in the entire state on March 16. I am relying on myself for these numbers: I wrote about Covid frequently on For What It’s Worth; in writing those posts, I supplied links to the IDPH or City health authorities whenever possible. Unfortunately, all those links to the public health authorities have apparently expired or been removed. But my links survive.

In March 2020, I was scared. Maybe you weren’t scared, but I was. I know this was my thought process: How awful must this onrushing plague be that we have to suspend our lives, and basically close down the world? My imagination was in overdrive.

Part of the reason I was worried was because things went down so fast: On March 11, exactly five years ago today, I reprinted a press release from the Chief Judge’s Office that basically said the court was monitoring the changing situation but, while a couple of tours were canceled, and employees were encouraged to stay home if sick, the court’s business would continue.

The very next day, March 12, I reported a whole new round of cancellations of bar functions, including the cancellation of a CBA March Madness social, which could not very well have gone forward inasmuch as the NCAA had canceled March Madness itself.

My wife’s Catholic school effectively closed for the year with dismissal on Friday, March 13, as did all the other schools in the Archdiocese of Chicago. The public schools shut down then as well. The public celebration of Mass was suspended. Major League Baseball was suspended. And, only a couple of days after saying it would keep the doors open, the Circuit Court of Cook County announced that it was shutting down... sort of... for 30 days.

My second post on March 14 looked at the loopholes in this initial closure order, requiring discovery to proceed in civil cases, for example (remember, if you can, that at that time, most of us thought ‘Zoom’ was something cars did while speeding). One anonymous commenter grumbled that the court closure order “does little to decrease the number of people coming to court on the criminal side other than eliminating jurors.”

Although afraid of the virus, I was a little skeptical, too. Not as skeptical as one anonymous commenter who groused that the court closure order “is what happens when your judiciary is composed of a bunch of former government hack lawyers or low end insurance defense bottom feeders.” Over the next couple of years, the anger among some FWIW readers about the court closures would only grow. Some readers would demand that the courts reopen or they would vote ‘no’ on every single retention judge.

My skepticism, in those frightening early days of the shutdown, was much more tentative: Only 46 cases had been reported in Illinois as of March 14. Was sheltering in place for two whole weeks an overreaction? A doctor I’d known since we were both in undergrad was kind enough to try and explain why this virus was very serious indeed:
It's 20 times as likely to be fatal [as ordinary flu]. But the disaster is occurring because 20% of those who are able to survive still need inpatient medical care, often on a ventilator. That's unheard of even in a bad flu year. How many people do you know who have been hospitalized with flu, let alone on a ventilator? Not 20% of them, for sure.

Also, among those who survive, many will have permanently impaired lung function. The Hong Kong flu of 1968 left a few people respiratory cripples, but if you look at the number of new infections vs. people who are counted as recovered in Hubei province, for such a high percentage to still be sick this far out -- they may be young, but they will never feel like it again.

Also, flu hits you like a ton of bricks. It may kill you, but you're home in bed from the first few hours you're sick. These folks are walking around shedding virus for days before they realize they've got something more than seasonal allergies going on.

The idea that one could spread the disease for days before developing serious symptoms was particularly chilling. And, for me at least, that served as a reasonable explanation as to why it might make sense to shut the world down awhile, since isolating after actually getting sick would not help ‘stop the spread.’
But, of course, we didn’t shut the world down. Not right away. Not in Illinois. We had to conduct the 2020 primary first.

I was not happy about this. In my mind, at least, there was a critical distinction between the March primary and the November election. The latter would have to be held, regardless of the circumstances – if we could hold a national election in 1864 with the nation ravaged by civil war, we could surely conduct an election in November 2020. But a primary? We could postpone it to August without a backward glance (and, in fact, as you will recall, we did postpone it from March to late June in 2022). The morning before the 2020 primary I wrote:
Why are we doing this?

Every other social activity has been curtailed in the last week.

Sure, I understand momentum and money, lots of money, behind the election machinery. But there was a lot of money, much more money in fact, in pro sports, and in the collegiate tournaments. And momentum? The build-up to the NCAA basketball tournaments is more astounding every year. But the tournaments got cancelled anyway.

My youngest son is an assistant baseball coach at Illinois Tech (what we used to call the Illinois Institute of Technology). First, his spring training trip got cancelled. Then, his season. It's a D-III school, so the seniors on his team who were robbed of their final season were spared the discomfiture of crying before prying television cameras, as some local athletes, in higher profile programs, were not. But there were tears, just the same. And now my son is cleaning out his desk at school (he teaches in a south suburban middle school) trying to set his students up to learn from home for the foreseeable future.

My oldest son travels for a living. That went by the boards. For relaxation, he watches sporting events. He was planning on using some miles for a Spring Training trip to Arizona to see the budding White Sox powerhouse. Gone, all gone. With their busy schedules, he and his wife don't cook a lot at home; they dine out regularly.

Yesterday, that was taken away, too.

I could go on, but everyone reading this has their own stories, some far more serious. We are all disrupted. All at sea.
Eventually, of course, we got through this. Most of us. And, except for those still struggling with Long Covid, the whole experience seems like an increasingly distant dream. Even though the “two weeks” kept going and going and going... the Energizer Bunny was surely jealous....

But it may be important, as the fifth anniversary of the “two week” shutdown is upon us, to recall how we felt way back then.

As a history buff, I was initially receptive to the idea that this novel virus had originated in a Wuhan “wet market.” There was apparently evidence to show that prior pandemics had originated in China in similar ways – back in the early days of the two-weeks shutdown, possibly even in the actual first two weeks, I remember reading that even the deadly “Spanish Flu” outbreak of 1918 had been traced to a Chinese wet market.

And I recall registering no disagreement with the consensus that the theory... already swirling around the more disreputable corners of the Internet... that the virus had escaped from a laboratory in Wuhan... was tin-foil beanie poppycock.

The fact that there was (and, I guess, still is) a Wuhan Institute of Virology, that had been studying corona virus in bats for a decade or more prior to 2019, and located within a 40-minute drive of the Wuhan wet market (according to the BBC) was just an unhappy coincidence. How many times do we have to be reminded? Coincidence is not causation.

Except sometimes it can be, apparently.

The FBI, in early 2023, announced that it was convinced the Covid virus escaped from the Wuhan lab (see, “FBI chief Christopher Wray says China lab leak most likely,” BBC, March 1, 2023). At that time, as the linked article indicates, the World Health Organization and some other American intelligence agencies disagreed with that assessment. The CIA, in an assessment prepared for the outgoing Biden administration, but released just after President Trump was sworn in, has apparently agreed that the Covid virus escaped from a Wuhan lab, according to the AP, the agency has “low confidence” in its conclusion. (See, “The CIA believes COVID most likely originated from a lab but has low confidence in its own finding,” by David Klepper, AP, January 26, 2025.)

An assessment recently released by the Director of National Intelligence maintains that the Intelligence Community (the IC):
assesses that SARS-CoV-2, the virus that causes COVID-19, probably emerged and infected humans through an initial small-scale exposure that occurred no later than November 2019 with the first known cluster of COVID-19 cases arising in Wuhan, China in December 2019. In addition, the IC was able to reach broad agreement on several other key issues. We judge the virus was not developed as a biological weapon. Most agencies also assess with low confidence that SARS-CoV-2 probably was not genetically engineered; however, two agencies believe there was not sufficient evidence to make an assessment either way. Finally, the IC assesses China’s officials did not have foreknowledge of the virus before the initial outbreak of COVID-19 emerged.
Almost five years down the road, you’d think that our superspies would have put more pieces of the puzzle together. The majority of the IC is absolutely certain sure that Covid was not developed as a bioweapon and was not genetically engineered. The certitude on this point is amazing, inasmuch as a virus that leaves “folks are walking around shedding virus for days before they realize they've got something more than seasonal allergies going on” sure seems like a useful component for a bioweapon. But, alright... if the Wuhan lab was not genetically engineering a virus or researching a bioweapon... then what was going on in the lab in Wuhan and how did this “novel” virus... that supposedly no one knew anything about five years ago... come to be in that lab in the first place?

Well, the IC has an explanation for its failure to figure this stuff out: It’s all the fault of the Chinese government. From the linked summary: “China’s cooperation most likely would be needed to reach a conclusive assessment of the origins of COVID-19. Beijing, however, continues to hinder the global investigation, resist sharing information and blame other countries, including the United States. These actions reflect, in part, China’s government’s own uncertainty about where an investigation could lead as well as its frustration the international community is using the issue to exert political pressure on China.”

It is very convenient to blame the Chinese... our great trading partner... and trading competitor... our rival in the renewed Space Race... and a likely potential opponent in a war, should things come to that.

There’s just one problem with blaming only the Chinese, and you’d think our superspies might have noticed it: It seems established now that the U.S. Government was actually funding research at the WIV because, according to this July 24, 2023 article in the British Medical Journal:
“The US Department of Health and Human Services (HHS) announced on 17 July that it would suspend and then end funding for the Wuhan Institute of Virology (WIV) in China to protect the public interest.

A memo was sent to the House of Representatives oversight select subcommittee which has been investigating US grants to WIV. The memo details a lengthy record of failed communications between US agencies and the Wuhan institute. It said that WIV repeatedly refused to provide requested laboratory notebooks, electronic data records, and other information about safety and security.
Granted, this is from a publicly-available summary of the article, not from the article itself (I am not a subscriber to the BMJ). Also, cutting off government funding to the WIV in 2023 does not prove that American taxpayers were funding Covid research in 2020, prior to the apparent escape of the virus from the lab. But what were we funding in Wuhan? And why didn’t we know about this five years ago? Somebody in the government knew.

In 2020, I was scared. In 2025, I am curious. Who knew what? How “novel” was this virus really? If the Covid virus that shut down the world in 2020 was not a bioweapon and was not manufactured, then what was being tested in Wuhan? Why? How? What was the government actually funding? Did we get what the government paid for? Five years on, one would think we’d know more about this than apparently we do.

And all these many unanswered questions arise independently of any consideration of questions surrounding the development, distribution, and efficacy of the Covid vaccines....

I suppose one reason for the lack of curiosity is political: THEY are interested in these things, therefore WE must not be.

What a load of road apples.

I say WE are just as entitled to answers here as THEY are. And I mean actual answers to hard questions, not meek acquiescence to whatever pap our “betters” hand out for us. Maybe WE are more entitled to complete and truthful answers; after all, WE are the ones who wore masks, just as we were asked to, even outside; and who lined up eagerly for the shots, as soon as we could; and who endured family parties on Zoom and who cried, on the inside or outwardly, each time we disconnected....

Thursday, February 20, 2025

Judge Andrea M. Buford appointed Acting Presiding Judge of the Child Protection Division

Cook County Chief Judge Timothy C. Evans has appointed Judge Andrea M. Buford as Acting Presiding Judge of the Child Protection Division.

Buford replaces Judge Robert Balanoff in this role; Balanoff retired from the bench at the end of January.

In a press release issued in conjunction with the announcement of the appointment, Judge Evans said, "Judge Buford has a great deal of experience in this highly sensitive and vital division of the Cook County Circuit Court. She is known for her compassion, knowledge and hard work, and I am sure she will do an excellent job in her new position."

A lifelong Chicago resident, Judge Buford was appointed to the bench by the Illinois Supreme Court in April 2013. She was elected to that same countywide vacancy in 2014 and was retained in 2020.

Judge Buford has also served as the Chair of the Special Supreme Court Committee on Juvenile Courts and currently sits on the Supreme Court Committee on Equality, the Supreme Court Committee on Professional Responsibility, and the Illinois Judicial College Committee on Guardians Ad Litem. She was recently invited to join the judicial subcommittee on the implementation of The Safe Model, a collaboration between the Department of Children and Family Services and the Administrative Office of Illinois Courts, to change the trajectory of cases and allow children to be returned home sooner with supportive services in place.

Before her elevation to the bench, Judge Buford focused her practice primarily on civil defense litigation, representing corporations and municipalities. She has served as president of the Cook County Bar Association, president of the Cook County Bar Association Foundation, President of the Illinois Judicial Council, and as Economic Development Chair for the NAACP. The recipient of numerous awards, Judge Buford was named one of the most influential Chicagoans by N’DIGO Magazine. She also served as a Commissioner on the Illinois Court of Claims, and as a Hearing Officer for the State Board of Education, the Illinois Department of Human Services and the Illinois State Board of Education. She was appointed Federal Foreclosure Commissioner, a Special Assistant Attorney General and a Special Assistant Corporation Counsel.

In that same press release, Judge Buford said she is grateful to Judge Evans for the new appointment: "I am honored that he has entrusted me with this most important assignment. Our Division is in a position to help our most vulnerable children and families. We have a chance to influence their future choices. I’m also inheriting a division of extremely competent and compassionate judges who understand the gravity of our position."

Judge Buford's predecessor as Presiding Judge, Judge Balanoff, had served as a circuit judge since 2004 (when he was elected to a 1st Subcircuit vacancy), and led the Child Protection Division since December of 2020.

"We will miss Judge Balanoff's tremendous experience as a judge in the Circuit Court of Cook County. He has been a wonderful colleague and friend. I wish him all the best in his next chapter," said Judge Evans.

Thursday, December 12, 2024

Wake and funeral arrangements announced for retired Appellate Court Justice Thomas J. O'Brien

Retired Appellate Court Justice Thomas J. O'Brien passed away this past Saturday at the age of 92. First elected to the Circuit Court in 1976, O'Brien concluded his judicial career on the Appellate Court, serving pursuant to Supreme Court appointment from 1994 to 1995.

O'Brien will be waked this coming Monday, December 16, from 4:00 to 8:00 p.m., at Glueckert Funeral Home, 1520 N. Arlington Heights Rd, Arlington Heights. The funeral Mass will be celebrated on Tuesday, December 17, at 10:30 a.m., at St. Alphonsus Liguori Church, 411 N. Wheeling, Prospect Heights. There will be additional visitation at the church from 9:30 to 10:30 a.m. on Tuesday morning.

O'Brien's daughter Carol and I worked together on the Loyola Phoenix back in the day. The Phoenix even endorsed O'Brien's successful 1976 judicial campaign. Granted, the endorsement was probably not dispositive....

Although I suppose it looks rather presumptuous in print, my legal career sort of 'tracked' O'Brien's judicial career. As a newly-minted lawyer, I appeared in front of him when he was hearing Municipal jury motions on the 13th floor of the Daley Center. O'Brien was soon promoted to the Law Division Motion Court... and I, also more seasoned, was soon arguing motions before him regularly there.

Many lawyers may remember that Judge O'Brien used to have a binder with him on the bench, chock full of citaitons that he would toss out while deciding substantive motions at their first hearing. I wasn't the only one writing these down while waiting for my case to be called. It was not then the custom to automatically give 28 days to respond and 14 days to reply; Judge O'Brien would decide if a particular motion merited this special setting.

I had a number of these contested motions, usually on behalf of insurance company clients. Judge O'Brien was no fan of insurance companies. So when these afternoon hearings took place, I knew how they were going to turn out as soon as O'Brien took the bench. If he was cheerful and complimentary -- praising the brief I'd written, for example -- I knew I was certain to lose. On the other hand, if he came out looking slightly pained, maybe a little upset, I knew I had a shot. Judge O'Brien may not have liked my clients, but he followed the law; he looked -- he looked carefully -- to see if the law gave him an 'out' -- but he went, if not always willingly, where the law led.

No one can ask more than that from any judge.

And if I lost -- when I lost, as I often did -- Judge O'Brien always had an explanation. A reason. A flaw in my logic. An error in the procedure followed by the insurer on this occasion. Something. I have never yet met a client who was satisfied with a loss, but the ability to provide a cogent, plausible explanation for a disappointing result sure helped.

I appeared before O'Brien at least once when he was on the Appellate Court. I had a great theory, I thought. The way I saw it, all I needed was in Section I of my brief. I laid it out before the panel at oral argument... and, quite full of myself, said something like, "if you accept this, I can stop right here." Justice O'Brien punctured my balloon, but in a nice way: "No," he said, "why don't you go on?" (I won that one... just not on my pet theory.)

But I will end this reminiscence with one more Motion Court story. Opposing counsel and I were arguing a discovery motion, and like Grant after the Battle of Spottsylvania Courthouse, I was prepared to fight it out on this line if it took all summer. My opponent was similarly inclined. After we'd both spouted quite a bit, Judge O'Brien cut us off. He reminded us that the courtroom was full and that he couldn't inconvenience everyone else while waiting for us to finish beating each other up. He directed us to the jury box, saying he would give us a full hearing at the end of the call -- not that half hour motion call, we understood that instantly -- but after the last motion of the morning -- probably about noon.

Of course, I would like to think that I was the good guy here, but there's only a 50-50 chance. Eventually, though, one of us leaned over to the other and said -- quietly -- very quietly, so as not to incur any further judicial displeasure -- "I guess we're being kept after school." Whichever one of us said it, it broke the ice, and we'd soon worked out an agreed order.

Still, we waited. We both realized that premature presentation of our overdue agreement would not be kindly received.

At the very, very, very end of the call, Judge O'Brien called us back up. We informed him of our peace treaty. He beamed. "I was hoping you would do that."

There are judges who are well-versed in the law. There are judges who are good presiders, skilled at handling a roomful of quarrelling, querulous lawyers. It's the rare judge who are strong in both areas. Such was Judge O'Brien. ----------------------------------------------------------------------------- Photo courtesy of the O'Brien family

Monday, December 02, 2024

CBA condemns threats against Judge Thomas Nowinski

The Chicago Bar Association has issued a statement condemning threats made against Judge Thomas Nowinski.

The statement, posted to X, states in pertinent part, "Regardless of one's views on the merits of any judicial decisions, threatening judges and their families is not acceptable in our society under any circumstances. Threats made against those we have appointed or elected to administer the rule of law undermine our democracy and judicial independence and must be denounced by our community and responded to by law enforcement to ensure the protection of our judges and court personnel."

The threats referred to in the CBA's statement were reported in this Chicago Sun-Times story by Andy Grimm and Sophie Sherry and this CWBChicago story by Tim Hecke.

FWIW readers are presumably well aware of the tragedies underlying this controversy; for those who may not be fully up to date, this November 24 CWBChicago report by Tim Hecke provides helpful background.

CWBChicago, for one, is reporting that the Office of the Chief Judge is "investigating to determine whether any employee failed to follow policies and procedures" in these cases. I don't pretend to know what these investigations will reveal, or what they should determine.

I suspect, however, that there will be blame enough to go around: whether it will, or should, rest on the judge, or the State's Attorney's Office, or on the "court official responsible for providing pretrial assessments for judges to consider," or on some combination of these, or in what proportion, is not something I can calcuate or predict. I don't know Judge Nowinski personally; I don't believe we've ever met in person. But I would be astounded, whatever the investigations may reveal, if he were not profoundly affected by the two cases where persons he did not detain went on to murder persons they'd previously threatened.

But the impulse to blame the judge for these tragedies should not result in threats to the judge's safety. Clairvoyance has never been a prerequisite for judicial service; that this judge has not been blessed with second sight should not alone be disqualifying. Judge Nowinski would not have been the first judge to imagine that electronic monitoring devices are blessed with properties that they really don't have. According to CWB Chicago:
[Chief Judge Timothy C.] Evans has a history of overstating the real-world capabilities of the GPS-based system.

Speaking to the Union League Club in January 2022, Evans described the domestic violence GPS system and the electronic no-go zones around the victim that the accused is not supposed to enter.

“And also, we can contact the victim,” Evans continued. “And we can say, ‘Madam victim, the potential perpetrator is outside of Macy’s right now on the Washington [Street] side, and if you have to leave, please go out the Randolph side, don’t go out the Washington side. He’s in a zone that he shouldn’t be in, but we want to tell you so you can avoid getting attacked.’”

In reality, an individual with knowledge of the system says, humans do not regularly monitor individual GPS zone violations in real-time and they described real-time, personalized intelligence warnings like the one Evans described at Macy’s as “Fantasyland.”
If the Chief Judge believes that electronic monitoring devices are equipped with these fantastic, but fictitious properties, it might not be so surprising that some of his subordinates might also believe similar things. Even if they shouldn't. There are, moreover, some judges who apparantly cling to the charming, but dangerous, belief that Orders of Protection are bulletproof, a belief based perhaps, at least in part, on their own ingrained obedience to following court orders, to the point that they can't imagine that anyone else might not feel so constrained.

But I am not here to pile on judges: The best judge is constrained by the record before him or her, namely, the evidence provided by the witnesses, the arguments of counsel, and the reports of court agencies. And, of course, most importantly, the text of the law itself constrains courts. Judges are required to follow the law. It is always easy to blame the judge when a terrible consequence follows from a judicial decision, and blame may often be justified. But sometimes the terrible consequence might be the logical result of a judge applying a bad law.

I do not pretend to know whether the laws applicable in these cases should be considered to be part of the problem. I never practiced criminal law. But I am wary of politicians, including those who have a vested interest in a statute, or group of statutes, because they supported those statutes in the first instance, saying that the judge alone should wear the jacket in any given case.

Tuesday, November 26, 2024

Wake and funeral arrangements announced for Mike McGowan

A lot of current and former Cook County judges will remember Mike McGowan, if only from their new judge orientations. Mike concluded his public career some years ago now, working as the technology guru in the Office of the Chief Judge. He was brought into that position by former Chief Judge Donald P. O'Connell; he remained in that position for a number of years after Chief Judge Timothy C. Evans succeeded O'Connell.

There was a time, and it was not that long ago dear Millennial and Zoomer readers, that having someone testify at a trial from a remote location was a really big deal, and making that happen when it needed to, was one of the things that Mike did in that job.

I knew Mike for well over 40 years, since he was a freshman at Loyola University. We roomed together for a time before I got married. We stood up to each other's weddings. He and his wife Sheri are godparents to my son Joe, and as much an aunt and uncle to all of my children as if they were blood kin. Some years ago he made me promise that, if he died before I did, I would not tell any stories that would embarrass him.

But he might allow me to tell this one on the grounds that FWIW readers, especially those who remember Mike, may think it amusing: Mike began his public career in the Clerk of the Circuit Court's office. In the 1980s the Clerk's computer operations were located in CL25, below the Daley Center. Mike rose quickly through the ranks in that office, starting (if I recall the title correctly) as a burster. By the time Clerk Morgan Finley was indicted, Mike was sufficiently senior that he became the person designated to furnish the U.S. attorneys with whatever information that might be required. Mike did not undertake this task with a view to helping or hurting anyone. He did it because he was assigned. He was a creature of duty, determined to do that which he was supposed to do as promptly and efficiently as possible. Mike expected to be called as a prosecution witness at trial to authenticate the records produced, and he thought he'd developed a friendly rapport with the AUSAs who would put him on the stand.

He called me as soon as he could after he got away from the Dirksen Building. "Lawyers are SCUM!" he thundered. Apparently the federal prosecutor who called him did not want any juror to think well of any public employee, lest some of that good feeling transfer to Mr. Finley, and when he grilled Mike, Mike truly felt betrayed.

Mike's anger on that occasion, though both justified and understandable, was entirely out of character. Generally, he knew everyone. He remembered everyone he met. More importantly, that one little incident excepted, he got along with everyone. He was a connector person, an important part of a thousand groups. Think Six-Degrees-of-Kevin-Bacon, but from the South Side instead. Mike was always an organizer, bringing people together. In trying to put this remembrance together I naturally wanted a proper portrait-like photo. But Mike was almost always pictured in group shots -- with family, with friends, with fellow volunteers at the National Organization for Albinism and Hypopigmentation (NOAH), or the New Hope Food Pantry, or (more recently) the Global Albinism Alliance. It was from the Alliance that I had to grab the photo here.

Mike was one of those people the BGA never mention when they carp about public pensioners: He didn't 'double dip.' He earned his pension, and with the freedom that this gave him, devoted a productive retirement to the betterment of persons with albinism. Only illness and, now, death could deter him from these pursuits.

The wake for Mike McGowan is set for Friday, November 29, from 3:00 to 8:00 p.m., at Gibbons Family Funeral Home, 5917 W. Irving Park. The funeral Mass will be Saturday, November 30, at 10:00 a.m. at Immaculate Conception Church, 7211 W. Talcott. Internment will be at Union Ridge Cemetery, 6700 W. Higgins. In lieu of flowers, donations may be made to the Global Albinism Alliance.

Friday, October 04, 2024

Probate Division update: Docket books out, screens and keyboards in

A note and an accompanying photo from the Chief Judge's Office:
Cook County Chief Judge Timothy C. Evans met with Probate judges and staff on Friday, September 27 to celebrate the opening of new Probate Division Courtroom 1813. This new courtroom replaces the antiquated docket room and is updated with high tech equipment which will improve access to justice for lawyers and litigants. As of October 1, 2024, cases assigned to guardianship of minors' estates Calendar 1, are being heard in the new courtroom by Judge Daniel R. Degnan. Pictured are Judge Terrence J. McGuire, Chief Judge Evans, Judge Degnan (seated), Presiding Judge Daniel B. Malone, Judge Susan Kennedy-Sullivan, and Judge Amee Alonso.
I wonder if there are any docket books left in the Daley Center; this may be the finish. When I started out, there were docket books in every division. Unlike a lot of court files, the old books were too big and heavy to grow legs and walk away. The status of any given case could be ascertained, even if the file jacket was missing. Or, and this sometimes proved to be the case, the file was not missing, but actually accounted for, only in another location, such as a courtroom.

Technology is great -- you're reading this, aren't you? -- but it is subject to hacking by enemies foreign and domestic, sunspots, power outages, and (perhaps, someday) control of all those AI entities we're so heedlessly setting up and letting loose. Is there no one left who saw James T. Kirk or Dr. Who fight existential battles with megalomaniacal machines? Those old TV shows were warnings, people....

Tuesday, October 03, 2023

Geary W. Kull named Acting Presiding Judge of 4th Municipal District

The elevation of Judge Ramon Ocasio III to the Appellate Court created an opening for Presiding Judge in the 4th Municipal District.

Yesterday evening, Chief Judge Timothy C. Evans announced that the vacancy has been filled. Here's the press release:
The Hon. Geary W. Kull has been named Acting Presiding Judge of the Fourth Municipal District of the Circuit Court of Cook County, Chief Judge Timothy C. Evans said.

Judge Kull has been a judge of the Circuit Court of Cook County since 2009, and has served in the Fourth Municipal District, located in Maywood, since 2011. He was first appointed to the bench by the Illinois Supreme Court, and won election to the 9th Subcircuit in 2010.

In the Fourth Municipal District, Judge Kull handled misdemeanors from 2011 to 2013, and has since presided over a busy felony trial courtroom. He has disposed of more than 40 murder cases, along with handling multiple other felony cases.

Prior to joining the bench, Judge Kull maintained a private criminal defense practice between October 1981 and 2009. He served as an assistant public defender for Cook County between 1975 and 1981, including as a member of the Murder Task Force between 1979 and 1981. Before going to the Public Defender’s Office, Judge Kull served for three years as a case worker for the Cook County Department of Public Aid.

Judge Kull is a graduate of John Marshall Law School (now the University of Illinois Chicago School of Law), and has a bachelor of science degree from the University of Arizona. He replaces the Hon. Ramon Ocasio III, who was appointed a justice with the First District Appellate Court.

“Judge Kull has had many years of experience as a judge, mainly for criminal matters, and is known as a hard worker who handles a heavy call,” said Judge Evans. “I am sure that the Fourth Municipal District will benefit from his leadership and knowledge.”

“I am of course honored and humbled by the confidence shown by Chief Judge Evans,” Judge Kull said. “I am further cognizant of the tradition established by a long list of predecessors: men and women whom I have known as friends and mentors.” Judge Kull named former Fourth Municipal District Presiding Judges Ocasio, Cheyrl D. Ingram, Edmund Ponce de Leon, Themis Karnezis, Stuart A. Nudelman, and Frank W. Barbaro.

Judge Kull added that he is “excited to oversee a group of young, talented, passionate judges who ‘bring it’ every day. We look forward to building upon the work of all of our predecessors to ensure that the Fourth Municipal District is a vibrant, progressive arm of the largest unified court system in the country.”

Besides his work in the Fourth Municipal District, Judge Kull is also a frequent substitute professor for trial advocacy classes at both the University of Illinois Chicago School of Law and Chicago-Kent College of Law.

Sunday, October 01, 2023

Circuit Court Job Fair Monday, October 16

I realize that a great many FWIW readers only want to work as judges of the Circuit Court.

Hopefully, all of you already know that, technically, judges really work for the State of Illinois. So a lot of you only want to work in the Circuit Court, not for it.

But some of you will have friends or relations or neighbors who might be interested in the Circuit Court's upcoming Job Fair on Monday, October 16, on the 22nd floor of the George W. Dunne Administration Building, 69 W. Washington. You can tell them.

And, moreover, if you scan the list of jobs available on the Circuit Court website, you will note that there are hearing officer and law clerk positions as well as attorney openings in the Office of the Public Guardian that might, potentially, someday, be a stepping stone to a judicial post.

You have to get noticed somehow.

Tuesday, September 26, 2023

UPDATE: Systems coming back at Daley Center... and maybe across the county, too

This morning's Internet outage impacting the Daley Center was apparently countywide, according to multiple sources.

What happened, and why, is still unknown, but it seems that the entire Cook County WAN developed problems with Internet traffic -- slow-loading pages to the point of pages timing out, the kind of stuff that happens on my ancient laptop and even-older desktop on most days ending in -y. Outlook apparently continued to function. Phones, too. But the problem, whatever it was, was not confined to one office or one building.

None of the people I've communicated with this morning are technical people, so I can't provide any information about why this may have happened.

But the problems are apparently subsiding.

Of course, now I'm trying to confirm that, too. *Sigh* (Updating this update to add that multiple sources are saying all the technology is working again.)

If I get anything reasonably plausible from anyone who has knowledge about the cause of the problem (the morning rain or the almost-full moon are probably not to blame here) I will pass it along.

BREAKING: No Internet at Daley Center this morning?

BREAKING -- or, better perhaps, broken -- Internet service seems to have gone out at the Daley Center this morning, jeopardizing the morning Zoom calls.

I have this on good authority... but I am seeking confirmation and details. Can't say for certain, at this point, that the outage impacts the entire building.

Friday, September 15, 2023

North Suburban Drug Courts get $2,000,000 federal grant

A new $2 million federal grant will boost two existing north suburban court programs that help adults diagnosed with substance use disorders, according to an announcement yesterday from the Office of Cook County Chief Judge Timothy C. Evans.

Here is the rest of press release from the Chief Judge's Office:
The U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration awarded the five-year grant to support program operations in north suburban drug treatment courts in the Second (Skokie) and Third (Rolling Meadows) Municipal Districts.

The funds will allow the drug courts to expand access to substance abuse disorder treatment services, using a network of providers. Funds will also support one court coordinator and two clinical case managers.

“Our drug treatment courts exercise compassion in the pursuit of justice,” said Chief Judge Timothy C. Evans. “For certain non-violent offenders, treatment, not punishment is the best option. This federal grant will increase the help that our Skokie and Rolling Meadows courts can offer, so that these individuals can become useful, healthy members of society.”

Drug Treatment Courts are part of the Circuit Court of Cook County’s network of “Problem-Solving Courts,” which also includes Veterans’ Treatment Courts and Mental Health Treatment Courts. These courts are in the Leighton Criminal Court Building as well as all the suburban municipal district courts.

Also known as specialty or therapeutic courts, these courts help prevent high-risk, high-need individuals suffering from an underlying mental health, social or substance use disorder from becoming repeat offenders. To achieve this goal, problem-solving courts provide counseling, treatment, and intensive supervision.

Drug court participants, who are charged with non-violent crimes, are typically in the program for two years. Participants enter these programs voluntarily. Combined, there are currently 45 active participants in the Skokie and Rolling Meadows drug courts – six graduated last year.

Since the Circuit Court of Cook County budget does not cover everything needed for problem-solving courts, various grants are essential to their operation.

“The grant will literally change the lives of dozens of participants and their families,” said the Hon. Joseph Michael Cataldo, who oversees the Rolling Meadows drug treatment court. “This grant will not only affect the individuals directly involved in the court, but is an investment in our entire community.”

Thursday, September 14, 2023

Judge released from Judge's Jail

Associate Judge Gregory E. Ahern, Jr. has been returned to active judicial duty.

In an Order entered Tuesday (Special Order No. 2023-126), the Executive Committee of the Circuit Court of Cook County stated, in pertinent part:
The Executive Committee of the circuit court of Cook County having convened to consider the request of Hon. Gregory E. Ahern, Jr., pursuant to Ill.S.Ct.R. 56(c), that Cook County Cir. Ct. Special Order 2023-121 (eff. Aug. 25, 2023) be vacated and that Judge Ahem be returned to his previous judicial assignments;

The Judicial Inquiry Board having informed this court, on September 11 ,2023, that it had concluded its investigation of the allegations made against Judge Ahern, that no further action is warranted, and that the Board deems the matters that were the subject of Special Order 2023-121 to be closed;

IT IS HEREBY ORDERED that Cook County Cir. Ct. Special Order 2023-121 (eff. Aug. 25, 2023) is vacated....
Ahern had been banished to Judge's Jail on account of allegedly "express[ing] his agreement with, or support for, comments by other persons [on X, f/k/a Twitter] that can reasonably be interpreted as suggesting a bias or prejudice that demeans individuals based upon their race, gender, gender identity, or sexual orientation." The content of the Tweet that Judge Ahern may have 'liked' on X were not publicly shared. The identify of the "established local media outlet" that complained about Ahern was likewise not disclosed.

FWIW readers who have not already done so may be interested in reviewing the provisions of the new Code of Judicial Conduct (collected in this post) that potentially apply to a jurist's use of social media.

Wednesday, August 23, 2023

Judges provide back-to-school supplies for JTDC residents

Press release this morning from the Office of Chief Judge Timothy C. Evans:

Chief Judge Timothy C. Evans and Traffic Division Presiding Judge Diann K. Marsalek on Tuesday presented 200 backpacks filled with school supplies to Juvenile Temporary Detention Center residents.

The backpacks, which contain notebooks, folders, pens, pencils, erasers, protractors and other items, had been filled with donations from more than 400 Cook County judges.

“I encourage our young people to study hard this year and to take advantage of the educational opportunities provided to them, to improve their lives and their communities,” Judge Evans said. “I hope everyone has a wonderful and productive school year.”

Besides attending Nancy B. Jefferson Alternative High School, a Chicago Public School, JTDC residents receive evening and weekend programming designed to promote emotional and behavioral growth.

Judge Marsalek led the effort to collect the supplies, as part of an annual back-to-school event.

“The judges were very generous with their donations as this year, the number of students needing back packs increased from last year,” said Judge Marsalek. “Thanks to Chief Judge Timothy C. Evans for choosing the Nancy B. Jefferson Alternative High School as the school to receive the items. The students at the school seemed very pleased to receive the back packs with the supplies and hopefully it will assist them with their studies.”

Thursday, July 20, 2023

Cook County judge inducted into the Stanley Goldstein Treatment Court Hall of Fame

Cook County Circuit Court Judge Charles P. Burns was inducted into the Stanley Goldstein Treatment Court Hall of Fame by All Rise, formerly known as the National Association of Drug Court Professionals, at its Rise 23 convention last month in Houston, Texas.

Named for the nation’s first drug court judge, the Stanley Goldstein Treatment Court Hall of Fame is the highest honor bestowed by All Rise, the leading training, membership, and advocacy organization for treatment courts. Judge Burns was inducted by outgoing board chair Judge Karen Freeman-Wilson (ret.), the President and CEO of the Chicago Urban League.

"Judge Burns is a leader, mentor, and visionary within the treatment court community," said Judge Freeman-Wilson. "Under his leadership, the Rehabilitative Alternative Probation and Woman's Rehabilitative Alternative Probation treatment courts have been recognized as national mentor courts by the Bureau of Justice Assistance three times, and his innovative approach to equity and inclusion, trauma-informed care, medication for opioid use disorders, employment assistance, and criminal record relief has significantly enhanced program outcomes. It is an honor to induct him into the treatment court hall of fame."

In accepting the induction, Judge Burns said, "I am humbled and honored by this award, though the real recipients of this award are our participants who courageously address their substance use. Their transition to productive and admired citizens is nothing short of amazing. They are the real faces of criminal justice reform." Judge Burns thanked his drug court team and partners for their passion and tireless devotion to changing lives.

Following the award, Judge Burns participated in a panel discussion highlighting his program's innovative approach to assisting treatment court participants with finding housing. Joining him onstage was Melissa Fitzgerald, All Rise Director of Strategic Engagement, Johnny Washington, a housing voucher recipient, and Sarah Kaufman, Cook County Assistant State's Attorney.

Since 2018 the Cook County treatment court, known as the Rehabilitative Alternative Probation Program, has partnered with the Cook County Housing Authority to provide housing vouchers to participants and graduates. The program has thus far placed 16 individuals in housing and is considered a national model for addressing housing instability for treatment court participants.

About the RAP Program
Judge Charles Burns' (W)RAP program is an alternative sentencing approach for individuals who have committed non-violent drug related offenses. (W)RAP is a two-year felony drug treatment program that provides access to treatment as an alternative to being sentenced to prison. The goal of this program is to assist individuals in their recovery from drugs and/or alcohol addiction. This program offers support, services, and accountability to help participants readjust to the community as a sober and changed person. There are two separate programs -- a men's program and a women's program -- that are identically structured, but offers gender specific services to best meet the needs of the participant. While in the program, participants complete substance use treatment with frequent drug and alcohol screens, appear in court, attend regular self-help support groups, as well as any other treatment or counseling recommended by the (W)RAP team. The program has established community partnerships to assist participants to locate and obtain interim and long-term housing, to help furnish newly obtained housing, offers career employment and financial credit services, mental health counseling and trauma informed treatment. Upon graduation of the program, the participant's probation is terminated satisfactorily, their cases dismissed, and their convictions expunged.

About All Rise
All Rise describes itself as the leading training, membership, and advocacy organization for advancing justice system responses to individuals with substance use and mental health disorders. All Rise aims to impact every stage of the justice system, from first contact with law enforcement to corrections and reentry, and works with public health leaders to improve treatment outcomes for justice-involved individuals. Through its four divisions -- the Treatment Court Institute, Impaired Driving Solutions, Justice for Vets, and the Center for Advancing Justice -- All Rise provides training and technical assistance at the local and national level, advocates for federal and state funding, and collaborates with public and private entities. All Rise works in every U.S. state and territory and in countries throughout the world.