The Circuit Court of Cook County is committed to the administration of justice for all citizens. In all criminal cases, the court is committed to providing fairness for defendants and victims, while at the same time protecting the public.
Critics correctly note that our state and federal constitutions provide each defendant the right to a speedy trial and that, with certain limited exceptions, Illinois law requires that defendants in custody be given a trial within 120 days of being taken into custody and defendants not in custody receive a trial within 160 days of demanding one. Some critics also imply that the criminal justice system, including the court, uses continuances that are too long or too numerous and that violate the letter and spirit of the right to a speedy trial.
In 1895, the U.S. Supreme Court noted, “The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law.” The Supreme Court traced this principle from biblical and ancient times to the English common law and Sir William Blackstone, a renowned judge and politician, who famously wrote in 1765, “The law holds that it is better that 10 guilty persons escape than that one innocent suffer.” Therefore, judges take the time necessary to assure that procedures are scrupulously followed to assure a trial that is not only speedy but also fair.
Judges must always balance speed and efficiency with respecting a defendant’s right to a fair trial and the rights and needs of victims, witnesses and other participants. It is important to understand that some cases, particularly complex ones such as murder cases, require more time than others. Typically, this is due to witness and attorney scheduling conflicts, multiple cases involving the same defendant, laboratory analysis of evidence and substitution of attorneys. If cases are forced to trial prematurely, injustice may result for the defendant or victim, and additional time and taxpayer money may be needed for an appeal or a new trial.
While media attention may be focused on delays in the most complex cases, judges are focused on determining when cases should be continued in the interests of justice. The Illinois Supreme Court has directed judges to consider the unique circumstances of each case, rather than robotically apply state laws on continuances. When deciding whether to continue a case, judges use their discretion to consider, among other factors, the diligence of the prosecution or defense in requesting a continuance, the history and complexity of the case, the seriousness of the charges, witness scheduling, and the defendant’s rights to a speedy, fair and impartial trial.
Of the 18 defendants referenced by the Tribune in recent articles on the disposition times for murder cases, only four of the defendants demanded trial. In each case, the judge promptly ensured the defendant’s case went to trial as soon as possible. Three of the four have already been resolved; the other was reassigned to a different judge and has been continued by agreement of the parties.
Cook County courts, especially, must exercise due care in processing criminal cases because of the history and extent of wrongful convictions in our jurisdiction. According to a May report by the National Registry of Exonerations, 126 people in Cook County were exonerated last year after having been convicted. This number represents more than half of exonerations nationally during that year and almost all of the exonerations in Illinois. In addition, all but two of the Chicago exonerations were related to police misconduct. The city of Chicago paid out at least $98 million last year in incidents of police misconduct, according to a May 16 WTTW-Ch. 11 report.
The court continues to work with the Illinois Supreme Court and other stakeholders to improve case disposition time. The court’s Criminal Division, which adjudicates all felony cases, is now fully staffed with 42 judges, all of whom are expected to use the differentiated case management system established in January 2022. Further, the Criminal Division is refining its court performance tools to provide judges with information to effectively monitor their caseload to support compliance with the July 1, 2022, Illinois Supreme Court Time Standards for Case Closure while ensuring justice is served.
As of June 3, more than 60% of felony cases filed in January 2022 had been disposed. Based on these case disposition rates, the court is trending to dispose approximately 70% of felony cases within 18 months. This demonstrates that processing of felony cases in Cook County is indeed improving and is already in substantial compliance with newly enacted Supreme Court standards.
Timothy Evans is chief judge of Cook County Circuit Court.
Submit a letter, of no more than 400 words, to the editor here or email [email protected].