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Call for Reform in Central Bond Court
It was reported in the September 2, 2008 edition of the Chicago
Daily Law Bulletin that U.S. District Judge Virginia M. Kendall
ordered Sheriff Tom Dart to determine the eligibility of defendants
for electronic monitoring while on home detention. Dart’s attorney
replied that the sheriff does not have the necessary information to
make that eligibility decision. This conflict is part of a
long-running class action lawsuit over jail overcrowding, but the
consequences go beyond the simple calculation of whether there are
enough beds at Cook County Jail.
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court’s determination of whether to conditionally release or
incarcerate a criminal defendant until trial or other disposition of
the case is an immensely important part of the criminal justice
process. Incarcerated defendants have limited opportunity to work
and communicate with attorneys, investigators, and witnesses,
thereby impairing their ability to prepare a defense. Numerous
studies have shown that defendants who remain in secure detention
are at a significant disadvantage relative to those who are released
pending trial.
All of this comes at a staggering cost to the taxpayer – the
defendants and their employers lose earnings, families lose support,
and the more direct costs of the incarceration itself are reported
by the Cook County Sheriff’s Department to be more than $100 per day
per inmate.
In May 2006, in response to the growing problems with bond court and
their consequences, a public forum co-sponsored by the Chicago
Council of Lawyers and the Cook County Bar Association was convened.
All of the stakeholders aired their positions and a tentative
agreement was reached to address some of the most pressing problems.
Those changes were never instituted. Subsequently, a lawsuit was
filed in federal court on behalf of the MacArthur Justice Center
challenging the use of televised hearings. That lawsuit remains
unresolved.
In February 2007, the Council and the Chicago Appleseed Fund for
Justice called for an immediate end of video bond hearings. We
believe that comprehensive, in-person hearings are necessary, with
information presented so the judge can make an informed decision.
In December 2007, Chicago Appleseed Fund for Justice, working with
the Chicago Council of Lawyers, published “A Report on Chicago’s
Felony Courts.” This comprehensive report shed light on a criminal
justice system which has become our defacto mental health and drug
treatment system. The report included 50 specific recommendations
for change, with suggestions for reallocation of resources, caseload
and workload restructuring, facility improvements, and better use of
diversion programs.
Among the most important of these recommendations are three that
have a direct bearing on Bond Court:
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We need in-person bond hearings with the
capability of identifying non-violent offenders for special
diversion programs.
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We need a pre-trial services program to give
the judges reliable information before bond is set. Recognizing
the paucity of government funding, we suggest utilizing volunteer
law students, lawyers, and social work students to gather
information and prepare reports.
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Judges, defense counsel, prosecutors, and
probation officers need additional training.
In March, 2008, Chicago Appleseed, in
cooperation with Chicago-Kent College of Law and Charles Loeffler of
Harvard University, began a court watching program focusing on
Central Bond Court. The data gathered to date confirms the
conclusion that the current Central Bond Court system is devastating
to an accused: the defendant is saddled with a thirty second hearing
where no effort is made to put forth evidence on his behalf.
Since the release of the report on the felony courts, Chicago
Appleseed and the Council have been in discussions with the Circuit
Court of Cook County, calling for the use of a courtroom on the
first floor of 26th Street for bond hearings, eliminating
the need for videoconferencing. We have called for the reinstatement
of a fully functional pre-trial services department to inform the
court of relevant facts. We have recommended during these
discussions that the probation department work with trained and
supervised volunteer students and lawyers to gather the necessary
background information in time for bond hearings. We have prepared a
formal program proposal and we are ready to act.
More recently we have been part of discussions with the Criminal
Division of the Circuit Court in determining whether Central Bond
Court coupled with an effective pre-trial services program can be
used to help bring together non-violent drug offenders under the age
of 22 for special diversion programs, including the vocational and
educational opportunities they need to survive.
It is time to start coordinating efforts to improve our criminal
justice system. We call upon the major stakeholders to work together
to create a coordinated private/public partnership to put needed
reforms into place.
Daniel T. Coyne
President, Chicago Council of Lawyers
Associate Professor of Clinical Practice
Chicago-Kent College of Law
Mary E. Anderson
President, Chicago Appleseed Fund for Justice
Malcolm C. Rich
Executive Director
Chicago Appleseed Fund for Justice
Chicago Council of Lawyers
Changing the Way Police Officers are Disciplined in Chicago
To view the statement, click here
Balancing the Cook County Budget Without Sacrificing Justice
To view the statement, click here
The Council recommends changes in the way bond hearings are
conducted in Cook County.
For
a copy of the editorial, click here
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