Chicago Daily Law Bulletin
December 13, 2007 Volume: 153 Issue: 244

The 124-page report by the Chicago Appleseed Fund for Justice is the culmination of two years of research, more than 100 interviews with prosecutors, defense attorneys, judges and defendants, and observation of 550 court hearings at the Criminal Courts Building at 26th Street and California Avenue. Criminal Division Presiding Judge Paul P. Biebel Jr., State's Attorney Richard A. Devine and Public Defender Edwin A. Burnette cooperated in the study.

The three, as well as local author Steve Bogira, took part in a public forum on the report Thursday at Chicago-Kent College of Law. Professor of Law Emerita Dawn Clark Netsch of Northwestern University School of Law moderated the forum.

''If were really going to bring about systemic reform, all the major stakeholders have to work together,'' said Malcolm C. Rich, executive director of Chicago Appleseed. Chicago Appleseed and the Chicago Council of Lawyers will work together to implement the report's recommendations after determining which have consensus support within the justice system.

The report describes the court system as the county's ''de facto drug treatment and mental health system.'' One of the principal recommendations is to expand the county's mental health court, which can serve only about 70 defendants at a time.

The report notes that drug cases not involving any violence account for more than half the cases heard at 26th and California, and the study found widespread dissatisfaction with how they are handled. Of 26 assistant public defenders interviewed, none felt that drug cases were handled appropriately, and that number was only slightly higher for the judges and prosecutors queried. Many of those interviewed noted a lack of sufficient treatment options. Speaking at the forum, Devine agreed more funding is needed for such programs.

''Treatment and diversion programs are absolutely vital if we're going to deal sensibly with the drug problem in our community and other communities,'' Devine said.

To address that problem, the report recommends increased funding and oversight for the county's probation system. It also urges public-private partnerships as an increased source of funding for the Adult Probation Department, as well as the utilization of such partnerships to increase the availability of diversion programs.

Rich said the goal is for probation officers to become agents for change in offenders' lives, helping them find education, employment and treatment. Rich said probation officials have already been moving in that direction and support such changes but ''don't necessarily have the funding and political clout to make that happen.''

Overall, Rich said, there is wide support for many of the recommendations, including the expansion of diversion programs and the drug and mental health courts.

Speaking at the forum, Biebel agreed. He said the system is overburdened with drug cases.

''We've got excellent drug courts,'' Biebel said. ''We need more.''

In an interview Wednesday, Daniel T. Coyne, president of the Council of Lawyers and a longtime defense attorney, described one client who repeatedly picked up burglary charges and was in and out of jail. It turned out the client was schizophrenic; his crimes were fueled by a need to buy heroin to make the voices in his head disappear.

If proper mental health services aren't available elsewhere, people end up in jail, Coyne said.

''One of the things that is apparent, is that a lot of units of government can burden shift,'' Coyne said. ''The court system cannot burden shift; the court system is by definition a reactive environment. You are really the end of the line.''

The report also recommends the elimination of video bond court, now the subject of a federal lawsuit, which opponents say prevents defendants from communicating with their lawyers.

Further, it addresses funding issues at the state and county level, and proposes the creation of a legislative review commission that would detail the costs of proposed changes in the criminal law. Coyne noted that a recent increase in the penalties for drunken driving resulted in thousands of new cases, but lawmakers failed to fund any additional prosecutors or judges to handle those cases.

Rich said the realties of the county's budget — officials have been asked to submit plans cutting their 2008 budgets by 10 percent — mean the justice system cannot rely on increased funding to meet all its goals. In an effort to deal with those budget pressures, the study recommends an independent commission to serve as a buffer between the justice system and County Board and coordinate budget requests. Both Burnette and Devine said the County Board lacks an understanding of how the justice system functions.

Burnette said further cuts to his office's budget ''obviously sends us in the opposite direction'' from where the justice system needs to go. To him, the most important recommendation in the study is one calling for the attraction and retention of supervisors in the office. The office is now badly understaffed in that area, with two supervisors for a staff of 80 lawyers at 26th Street, Burnette said.

Burnette said budget cuts ultimately will cost the county more, in the form of longer jail stays for defendants.

''We're not a 'dispo derby,' but if we can move cases through the system faster, it benefits the clients,'' Burnette said, using shorthand for case disposition.

Rich said the system could be enhanced by student volunteers studying law or social work, as well as by reaching out to private agencies.

''There are a lot of possible resources out there that are not government funding,'' Rich said. ''Those are the kinds of things you need a real effort to bring those things about. That's where the unified approach comes into play.''

The report also criticizes the physical plant at 26th and California, although it credits Biebel with having made some positive changes. It recommends removing the bullet-proof glass that separates spectators from participants in the Criminal Courts Building's small ''fishbowl'' courtrooms. In those courtrooms, it is often impossible for spectators to hear what is going on, particularly when microphones are turned off or poorly placed.

''Those are the kinds of things that don't cost a lot of money but could make a big difference as far as the appearance of justice,'' Rich said.

More public forums are planned. A full copy of the report is available on the Appleseed Fund's Web site.