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Letters: Cook County's State's Attorney Eileen O'Neil Burke's policy ignores judges' judgment

Letters: Cook County's State's Attorney Eileen O'Neil Burke's policy ignores judges' judgment

Chicago Tribune15-04-2025

Recently, Cook County's new state's attorney, Eileen O'Neil Burke, issued a policy instructing assistant state's attorneys to object anytime a judge orders an individual to be released on electronic monitoring when the state's attorney originally requested pretrial detention. Blanket policies such as this one fail to promote public safety and undermine due process and the presumption of innocence by ignoring judges' decisions and mitigating information provided by defense attorneys.
The Pretrial Fairness Act, which took effect in September 2023 and ended the use of money bond in Illinois, recognizes the foundational principle that every person is presumed innocent until they are proven guilty. Under Illinois' previous money bond system, judges made pretrial release and detention decisions in just a few minutes. Thus, judges had limited information about the allegations and how incarceration would impact the charged individual and their loved ones.
The Pretrial Fairness Act changed that. As a result, these critical hearings have dramatically increased in length. Loyola University found that the median hearing now takes between 10 to 20 minutes. That means the judges have more information at their disposal and they are now able to make more informed and considered pretrial release decisions.
O'Neil Burke's new policy disregards the individualized decisions of Cook County's judges about who should be released while their cases are pending and under what conditions. The policy also runs counter to years of data about the use of electronic monitoring in Cook County. The electronic monitoring program run by Pretrial Services has long monitored people facing serious cases, and research has shown that people on electronic monitoring have the same extremely low rates of re-arrest as people who are released without monitors.
The Cook County state's attorney is tasked with promoting public safety in our city. That won't come from doing away with the progress that has been made to evaluate each case individually on its own merits and instead to decide from on high what is right in every single case through a blanket order.
At a time when our democratic principles and institutions are under attack, it's more important than ever to stand up for bedrock constitutional rights — due process and the presumption of innocence.
O'Neil Burke's policy doesn't cut it.
— Erica Zunkel, clinical professor of law, University of Chicago Law School
Speed cameras' virtue
The Tribune Editorial Board's recent editorial 'Suburban speed cameras? Don't replicate Chicago's mistakes.' (April 7) does a great job pretending speed cameras contracts are more rife for abuse than any other government contract, while offering no constructive alternative solutions for dealing with the deadly crisis our region is facing from speeding motorists.
In fact, even a cursory review of the largest bribery scandals in recent Illinois government history reveals criminals know no bounds for the government revenue streams they are willing to manipulate for their own fortune. Such scandals have tapped into government-owned or -regulated revenue sources as diverse as electricity rates (the recent ComEd bribery scandal), tax appeals (Joe Berrios' reign at the Cook County assessor's office) and municipal revenue streams diverted from good uses such as in Dolton under Mayor Tiffany Henyard. Given the wide range of government agencies and municipalities that have proved vulnerable to criminal intentions, we must unfortunately conclude, 'If there is a will, there is a way,' for bad actors and not throw out the baby with the bathwater when it comes to implementing penal structures that make our communities safer.
Given the lifesaving outcomes speed cameras can produce, the societal benefits far outweigh any risk of criminal practice. Researchers at the University of Illinois at Chicago analyzed traffic data from 101 speed camera zones in Chicago between 2015 and 2017 and found that the cameras reduced severe and fatal crashes by 15% and all injury crashes by 12%. Furthermore, a 2015 study by the Insurance Institute for Highway Safety found that in Montgomery County, Maryland, a setting similar to suburban Cook County outside Washington, speed cameras reduced the likelihood of fatal or incapacitating injuries by 19% and of drivers going more than 10 mph over the speed limit by 59%.
According to Illinois law, municipalities are required to use speed camera revenues only on public safety purposes, as well as constructing and maintaining public safety infrastructure. Therefore, what the editorial board calls the 'plaguing (of) drivers just trying to get to work, run errands or shuttle kids to activities' is actually a fair corrective action for dangerous driving behavior that also directly funds programs to make our streets and communities safer.
— Jeff Swirenski, Chicago
Support for curfew
I believe the danger of teen takeovers in Chicago centers on the irrationality of a mob mentality. One or two leaders can stir the others up and prompt them to do things that they would not consider doing on their own.
Throughout human history, mobs have resorted to horrible violence. It is a human weakness that should be guarded against.
That is why I support the 8 p.m. curfew for young people downtown.
— David M. Steadman, Chicago
Willie Wilson's take
Having lived in Chicago for the past 37 years, I have watched Willie Wilson's attention-grabbing actions of philanthropy — standing by a gas pump and handing out $100 bills — seemingly pandering to innocent unsuspecting voters in his political attempts to be Chicago's mayor. Over these last weeks, however, I have been nudged into a repentant apology by his profound take on our political crisis and a sincere and accurate Christian analysis of the problems and deliberate practical steps the individual Christian citizen can take during this holy season.
As a retired Lutheran clergyman, I have been struck by the thundering silence of my own and other denominations' leaders to the flagrant attacks on humanity and the dignity merited by all of God's children. Our city and our nation and especially our faith communities must mark, listen and learn Wilson's profound statement of truths.
— Douglas R. Groll, Chicago
Our nation's wealth
I concur with Willie Wilson's opinion regarding Holy Week ('Trump's actions are inconsistent with true meaning of Easter,' April 10). On several occasions, President Donald Trump has stated that he wants to make America wealthy again. That would seem to suggest that we need to increase the level of our wealth. The ravage of COVID-19 clearly disrupted our economy, as it did for all nations. While inflation was higher in most countries, Americans clearly felt the inflation. Thus, it is easy to forget that we are wealthier than all other countries.
World Population Review provides several measures on household income. Its measure of disposable income per household ranks the U.S. as a clear No. 1 at $51,147 annually, more than $6,000 higher than No. 2 Luxembourg followed by Switzerland and Norway with levels less than $40,000. Certainly, there are numerous other ways to measure wealth, but as the whole world recovers from COVID-19, the U.S. has experienced perhaps the fastest recovery.
Clearly, not every American has experienced the rapid recovery, but in the spirit of Holy Week and Easter, we should reflect on how we might aid the places in dire need of help rather than focusing on how we might be even richer than the rest of the world.
— Siim Sööt, Winnetka
Death with dignity
I am happy to hear that Cook County Judge Patrick Murphy is 86 years old ('What being Cook County's public guardian taught me about death and dignity,' April 9). I'm not happy to hear that 'with ambivalent acceptance,' he recognizes his 'coming demise.' What's his rush? I'm 93 and am planning to be around for my great-grandson's bar mitzvah in eight short years.
I appreciate the work the judge has done in his career as a guardian, and I for one agree that a prescription medication be available to those folks in a very bad time and that they be allowed to take it when the time comes.
— Jerry Pollard, Northbrook
Judge's theology
Judge Patrick Murphy's philosophy and theology on dying conflicts with what the sisters taught him 80 or so years ago. There is a difference between withdrawing extraordinary means of life support and providing death-inducing drugs.
Life remains precious in every age, including Murphy's, and suicide is not an ethically acceptable means of demise, according to centuries of Catholic teaching. Murphy should reach out to any Catholic religious sister to ask what she thinks about his new theology of assisted dying.

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Contributor: Lower-court judges have no business setting the law of the land
Contributor: Lower-court judges have no business setting the law of the land

Yahoo

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  • Yahoo

Contributor: Lower-court judges have no business setting the law of the land

On Thursday, the Supreme Court heard oral arguments in the case of Trump vs. CASA Inc. Though the case arises out of President Trump's January executive order on birthright citizenship and the 14th Amendment, Thursday's oral argument had very little to do with whether everyone born in the U.S. is automatically a U.S. citizen. Instead, the argument mostly focused on a procedural legal issue that is just as important: whether lower-court federal judges possess the legitimate power to issue nationwide injunctions to bring laws or executive orders to a halt beyond their districts. There is a very straightforward answer to this question: No, they don't. And it is imperative for American constitutionalism and republican sef-governance that the justices clearly affirm that. Let's start with the text. Article III of the Constitution establishes the 'judicial Power' of the United States, which University of Chicago Law School professor Will Baude argued in a 2008 law review article 'is the power to issue binding judgments and to settle legal disputes within the court's jurisdiction.' If the federal courts can bind certain parties, the crucial question is: Who is bound by a federal court issuing an injunction? In our system of governance, it is only the named parties to a given lawsuit that can truly be bound by a lower court's judgment. As the brilliant then-Stanford Law School professor Jonathan Mitchell put it in an influential 2018 law review article, an 'injunction is nothing more than a judicially imposed non-enforcement policy' that 'forbids the named defendants to enforce the statute' — or executive order — 'while the court's order remains in place.' Fundamentally, as Samuel L. Bray observed in another significant 2017 law review article, a federal court's injunction binds only 'the defendant's conduct … with respect to the plaintiff.' If other courts in other districts face a similar case, those judges might consider their peer's decision and follow it, but they are not strictly required to do so. (For truly nationwide legal issues, the proper recourse is filing a class-action lawsuit, as authorized by Rule 23 of the Federal Rules of Civil Procedure.) One need not be a legal scholar to understand this commonsense point. Americans are a self-governing people; it is we the people, according to the Constitution's Preamble, who are sovereign in the United States. And while the judiciary serves as an important check on congressional or executive overreach in specific cases or controversies that come before it (as Article III puts it), there is no broader ability for lower-court judges to decide the law of the land by striking down a law or order for all of the American people. As President Lincoln warned in his first inaugural address: 'The candid citizen must confess that if the policy of the government upon vital questions affecting the whole people is to be irrevocably fixed by' the judiciary, 'the instant they are made in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers.' Simply put, the patriots of 1776 did not rebel against the tyranny of King George III only to subject themselves, many generations later, to the black-robed tyranny of today. They fought for the ability to live freely and self-govern, and to thereby control their own fates and destinies. Judicial supremacy and the concomitant misguided practice of nationwide injunctions necessarily deprive a free people of the ability to do exactly that. It is true that Chief Justice John Marshall's landmark 1803 ruling in Marbury vs. Madison established that 'it is emphatically the province and duty of the judicial department to say what the law is.' But it is also true, as Marshall noted in the less frequently quoted sentence directly following that assertion: 'Those who apply the rule to particular cases, must of necessity expound and interpret that rule.' Note the all-important qualifier of 'apply the rule to particular cases.' Marbury is often erroneously invoked to support judicial supremacy, but the modest case- and litigant-specific judicial review that Marshall established has nothing to do with the modern judicial supremacy and nationwide injunctions that proliferate today. It is that fallacious conception of judicial supremacy that was argued Thursday at the Supreme Court. Chief Justice John G. Roberts Jr., one of the swing votes in CASA, is not always known for judicial modesty. On the contrary, in clumsily attempting to defend his institution's integrity, he has at times indulged in unvarnished judicial supremacist rhetoric and presided over an unjustifiable arrogation of power to what Alexander Hamilton, in the Federalist No. 78, referred to as the 'least dangerous' of the three branches. If Roberts and his fellow centrist justices — namely, Brett Kavanaugh and Amy Coney Barrett — have any sense of prudence, they must join their more stalwart originalist colleagues in holding that nationwide injunctions offend the very core of our constitutional order. Such a ruling would not merely be a win for Trump; it would be a win for the Constitution and for self-governance itself. Josh Hammer's latest book is 'Israel and Civilization: The Fate of the Jewish Nation and the Destiny of the West.' This article was produced in collaboration with Creators Syndicate. @josh_hammer If it's in the news right now, the L.A. Times' Opinion section covers it. Sign up for our weekly opinion newsletter. This story originally appeared in Los Angeles Times.

Pope Leo XIV must carefully thread needle between Catholic Church's mission, US politics: Experts
Pope Leo XIV must carefully thread needle between Catholic Church's mission, US politics: Experts

Yahoo

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Pope Leo XIV must carefully thread needle between Catholic Church's mission, US politics: Experts

In an instant, Cardinal Robert Prevost became the most powerful and influential American Catholic when he was selected to be pope and rechristened Pope Leo XIV on May 8. But with the United States' standing in the world on edge with President Donald Trump in office, experts say many will be watching the first American to lead the Catholic Church to see how he walks the tightrope between Western politics and his papal duties. Vatican experts told ABC News that Leo must thread that needle effortlessly, with a focus on leading from a global perspective. "I suspect he will be scrupulous and careful to avoid the thought that he is an American and not a Christian view," the Rev. Stephen Spahn, an assistant teaching professor of theology at Loyola University Maryland, told ABC News. "He is going to be a bridge builder and build relationships with world leaders broadly." MORE: Cardinal suggests Pope Leo XIV wasn't elected as 'counterweight' to Trump At the same time, experts predicted Leo will not hesitate to speak out on American matters from his seat when needed. Spahn said cardinals have always come to their decisions knowing that the man who becomes pontiff will have to work within the geopolitical environment in pushing forward the Catholic Church's mission. "It's definitely going to trail him. How could it not?" he said of the pope's Americanism. "But the cardinals have said they chose him without any regard to his nationality." David Gibson, the director of the Center on Religion and Culture at Fordham University who has been in Rome all week, told ABC News that cardinals whom he spoke with do not see him as solely American, given his experience as a priest and missionary in South America. He noted Pope John Paul II and Pope Francis rarely traveled outside of their home countries when they were cardinals and that Leo's expertise on international relations will be beneficial during his tenure. "I think he does not want to be seen as an American pope," Gibson said. Both experts said Leo made a telling move when he delivered his first speech from the balcony in St. Peter's Basilica. The speech, which stressed the message of unity and building bridges, was in Italian and Spanish, and he did not publicly speak in English until his homily the next day. "He made no shoutout to his countryman. We will see more of that," Spahn said. However, experts said Leo will have to address the issues coming from his homeland at some point. Gibson said the cardinals he talked to noted that one of the decisions in Leo's selection was not Trump but the growing populist and nationalist movement sweeping the globe. "In that way, it is an irony that, frankly, the rest of the world was looking to an American as a sign of hope, as someone who can speak for them in an American register rather than act against them," he said. "They looked at him and said, 'OK, you know America, you know how to deal with this particular strong man.'" MORE: Here's what we know about Pope Leo XIV voting in US elections Trump, who was vocal against Francis' stance on immigration and the environment, offered congratulatory remarks to Leo after his election, saying the pope's election was a "great honor for our country." Leo has not immediately talked about the Trump administration since he was elected to the papacy. However, while he was a cardinal, he appears to have reposted articles that were critical of Vice President JD Vance and Trump's policies. Gibson said Leo will likely be more judicious with his communications, including social media posts, but will likely still have a voice in international affairs. 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Marana father charged in death of his toddler given permission to go on family vacation to Hawaii
Marana father charged in death of his toddler given permission to go on family vacation to Hawaii

Yahoo

time10-05-2025

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Marana father charged in death of his toddler given permission to go on family vacation to Hawaii

A father facing charges in the death of his 2-year-old daughter was granted court approval to travel to Hawaii for a family vacation. The defendant, Christopher Scholtes, of Marana, requested permission to travel to Maui from May 1 to May 9 with his wife and their two daughters, stating they planned to stay with friends of the couple. Scholtes faces one count of first-degree murder and domestic violence, classified as a Class 1 felony. He also is charged with one count of intentional or knowing child abuse — a Class 2 felony — after being accused of endangering his daughter by leaving her in a hot car. A Pima County judge granted Scholtes permission to travel out of state for a family vacation. Court documents said, "The court finds good cause to grant the Defendant's Request to Travel." According to court documents, at the time of the request, Scholtes was released on his own recognizance under the supervision of Pretrial Services. The documents also state that he signed a Waiver of Extradition and was instructed to contact his defense counsel and Pretrial Services officer upon his return to Arizona on May 10. The Pima County Attorney's Office said, "The public record would show that the defendant and his counsel requested permission from the court to travel out-of-state. Our prosecutors strenuously objected. The court granted permission over our objection." In March, Scholtes rejected a deal offering him a sentence between 10 and 25 years if he pleaded guilty to second-degree murder. He now awaits trial on the first-degree murder charge, which comes with the possibility of a life sentence if he is convicted. Scholtes' next court appearance was scheduled for Aug. 11. 'Jake had the biggest heart': Family mourns man who died after Tucson bus stop hatchet attack This article originally appeared on Arizona Republic: Marana father charged in death of child gets OK to go to Hawaii

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