IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

GENERAL ADMINISTRATIVE ORDER No. 2017 - 09

SUBJECT: funding of Circuit Court operations and ancillary operations

The Court's actions set forth below are based, in part, on the facts and circumstances
summarized as follows:

On July 2S, 2017, the Court submitted to the Cook County Department of Budget and
Management Services ("Budget Office") a proposed budget for the Circuit Court's operations for
the fiscal year beginning December I, 2017, ("FY2018") tor Cook County's ("County" or "the
County") consideration, said proposal representing an approximately 5.5 percent increase over
funding approved by the County for the previous fiscal year ("FY20 17").

In July 2017, the Budget Office informed the Court that, in FY20 18, the County would provide
only 90 percent of the funding provided in FY2017 for the Court's operations and proposed the
means by which the County would implement the reduction in funding, in the form of the .
"President's Recommendation."

In July 2017, at the Budget Office's invitation, the Court proposed alte1'l1ate means by which the
proposed reduction in funding should be implemented; said alternative proposals have since been
substantially rejected by the County;

On September 22, 2017, the Court submitted to the President of the County Board ("President")
a request for 99 new payroll positions in the Court's pretrial services operations, to implement
the Court's General Order IS.SA (eff. Sept. IS, 2017), said positions to be phased in through
March 2018.

On October 13,2017, the chairman of the Cook County Board of Commissioners' Committee all
Finance requested that the Court provide a plan for budget reductions in the amount of 10% of
the "President's Recommendation" for FY20 18, to be submitted to the finance committee by
October 20,2017; a similar request was made. to all other offices funded by the County.

On October 20,2017, the Court submitted to the chairman of the finance committee the Court's
detailed plans to reduce its budget by 10% of the President's published Budget Recommendation
for the Court, or $26,423,506. The Court's submission noted that:
budget reductions ofthis magnitude would have dire effects on the court and the
citizens we serve and, therefore, are not reasonable or prudent. .. Nevertheless, we
understand that we must undergo this exercise to minimize the damage to court
operations likely to result if Cook County proceeds to reduce the Comi's budget
without our input. Our plans are submitted, however reluctantly, with these
considerations in mind.
These sentiments were previously shared with the Committee on Finance on October 11,2017,
in oral testimony by James Anderson, the Cotlli's Chief Financial Officer. Based upon the
Cook Co. Cir. C1. GAO. 2017-09
November 30,2017

finance committee testimony of other offices in the following days, it is apparent that the Court's
plan was the only such plan submitted by the various public safety offices f'Lmded by the County.
As partly reflected in correspondence between the Court and the County dated July 28 and
November 8 (2 letters), 13, and 20, 2017, all of which is adopted and incorporated by reference
herein, the Court objected to the County's proposed funding for FY20 18 and the means by which
the Connty proposed to implement the reduction in funding.

The County, on November 21, 2017, approved and passed an annual appropriation bill
("budget") for its fiscal year beginning December 1, 2017, (FY20 18) including funding for
operations ofthe Circuit Court for Cook County.

The budget represented reductions in funding for Court operations of approximately 10 percent
from the amount approved by the County for FY2017 and 15.5% from the amount proposed by
the Court for FY2018, including the elimination of approximately 360 full or partial staff
positions;

The budget eliminated the positions and mandated the layoffs of 161 non-judicial employees of
the Court, specifically and solely designated by the County and comprising nearly 50 percent of
the most recent 323 layoffs cOlmtywide, despite the fact that Court operations account only for
7.6 percent of the budget. The budget purpOIis to not only identify the specific positions to be
eliminated but to also designate the specific employees to be laid off; including employees on
leaves of absence due to disability or injury. These layoffs are only a portion of the total of353
full or partial staff positions eliminated in the County's FY2018 budget for Court operations.
In the "Resident's Guide" (p. 8) accompanying publication of the COW1ty'S annual appropriation
bill for FY2017, the President, in explaining the need for what is now the recently repealed
"sweetened beverage tax," stated:
Without new revenue the County will not be able to meet our obligation in the
Public Safety arena in 2017 and across a three year planning horizon. We would
be looking at significant layoffs for public safety officials, under-staffed court
rooms, less public defenders and State's Attomey's. Without the tax the County
would need to eliminate over SOO public safety positions in 2017 and additional
reductions in 2018 and 2019 for a total impact of greater than 1,300 public safety
positions over three years. This level of impact on the public safety system would
be dangerolls, and at the worst time as the County is working with the City and all
stakeholders to reduce local violence.
Without the tax, based on the annual decline rate of numerous existing revenue
sources, the County could expect increased caseloads and further delays in court
time, jeopardize the timely distribution of property taxes to local goverllll1ents
across the County that has been accomplished in each of the last few years
following 35 years of failure, and most significantly disruption through the court
system and Jail system that would cause an lmsafe and dangerous environment for
users of the Cook County justice system. This level of impact on the public safety

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Cook Co. Cir. Ct. GAO. 2017-09
November 30, 2017

system would be dangerous and at the worst time as we hit an inflection point to
reform our criminal justice system.
Regardless of the resources used by the County to fund Court operations, the impact of a failure
to increase funding, some examples of which are set fonh below, was correctly predicted and is
now manifested in the County's insufficient budget for court operations in FY2018.

The budget, through its accompanying "turnover" provisions, will effectively prevent the Court
from filling staff vacancies occurring during FY2018.

The budget for the Office of the Cook County State's Attorney is insufficient for the prosecution
of efficient and effective administration of justice in criminal cases, in that staffing levels cause
unreasonable delays in the disposition of cases by the court and have caused the State's Attorney
to categorically decline to prosecute certain kinds of offenses to the detriment of public safety.

The budget for the Office of the Cook County Public Defender is insufficient for the Public
Defender to provide adequate and effective representation for arrestees in police custody.

Based on the above lacts and circumstances, the Court hereby makes the folloVving findings of
fact and conclusions of law regarding the consequences of its FY20 18 budget:

Cook COlUlty has violated the constitutional separation of powers by infringing on the court's
exclusive authority to decide whom it will employ or terminate trom its employment,
Burnette v. Stroger, 389 Ill. App. 3d 321 (1 st Dis!. 2009);

The Illinois Supreme Court has stated:

Counties have the power and duty to set and pay salaries of circuit courts'
nonjudicial employees, but this authority is tempered by the courts' responsibility
to administer justice and their retention of inherent power "to protect themselves
and the public they serve against default of their constitutional obligations" so that
they may "perfOllli their judicial functions with efficiency, independence and
dignity". The retained power of the cour(,\ includes power to "require production
ofthe/acilities, personnel and resources reasonably necessary" 10 the cOllrts'
operations.
Thus, not on1yare nonjudicial employees (!f a court the employees (!/a State
agency rather than ofa counly, but even the counties' salary-setting andfacilities-
providing/unclion is subjecI to the courts' own ultimate power to ensure
reasonable adequacy. Except for setting and paying salaries and providing
facilities subject to ultimate court power, the counties are entitled to no other role
in regard to the courts' nonjudicial employees that might arguably be cousidered
the role of ajoint employer. And, as we have previously stated, the Illinois
Constitution contemplates "[0 Jnly one uniiied court system operating statewide"

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Cook Co. Cir. Ct. G.A.O. 2017-09
November 30, 2017

and "does not contemplate nor does it authorize the exercise of any control over
or permit the imposition of a burden on the judicial system by any local entity."
Orenie v. Illinois Slate Labor Relations Board, 127 Ill. 2d 453, 479-80 (1989) (emphasis
added; citations omitted)

Cook County has violated the constitutional separation of powers by infringing on the chief
circuit judge's general administrative authority overthe Court, pursuant to Aliic1e VI, 7, of the
Illinois Constitution of 1970 and Illinois Supreme Court Rule 21, including the authority to
decide the places of holding court;

Among the harmful, adverse effects of the County's budget, are the following, immediate
consequences for the court and the public it serves:

Cook County has very seriously impaired the Court's ability to provide adequate
probation services for monitoring and rehabilitating individuals in their commlUlities
through the Court's Adult Probation Department, Juvenile Probation Department, and
Social Service Department;

By eliminating five of the six cashier positions in the Court's Adult Probation
Department, the budget will drastically impair the court's ability to process
approximately $5 million of court-ordered collections These collections include
restitution for crime victims and fees that partially finance probation services, including
probation fees, pretrial services fees, and GPS and electronic monitoring fees.

By eliminating two of the five supervisors in the Home Confinement Unit of the Court's
Adult Probation Department, which operates 24 hours per day every day of the year, the
budget will leave the probation depmiment with a total of jusI three supervisors to
supervise three shifts per day, thereby making it a practical impossibility for the
probation department to provide the necessary supervision of convicted felons restricted
to their residences as a condition oftheir sentences to probation.

The budget reduces appropriations for circuit court operations in substantial disproportion
to other operations funded by the County, including all other public safety operations
except the circuit clerk.

Cook County has very seriously impaired the ability of the chief circuit judge to perform
his duties pursuant to the County Shelter Care and Detention Home Act, 55 [LCS 75/3,
and to adequately administer Cook County's Juvenile Temporary Detention Center
("JTDC") and the children entrusted to its care;

Cook County has failed 10 perform its duty, pursuant to the County Shelter Care and
Detention Home Act, 55 [LCS 75/3, to provide the supplies, staff, or repairs necessary to
maintain and administer the JTDC in a manner sufficient to protect the physical safely
and constitutional rights of the children detained there;
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Cook Co. Cir. Ct. G.A.O. 2017-09
November 30, 2017

Cook County has very seriously impaired the dour!' s ability to make and monitor bail
decisions in criminal cases as required by Article JI, 9, of the Illinois Constitution of
1970, Article 110 of the Illinois Code of Criminal Procedure of 1963, Illinois Public Act
100-1 (efT. Jan. 1,2018) (Bail Reform Act of2017), and Cook Co. Cir. Ct. Gen. Order
18.8A (eff. Sept. 18, 2017), which General Order, by applying the principle of affordable
cash bail, has resulted ill a reduction in the population of the Cook County Jail by more
thanl,OOO inmates and corresponding savings by the County since the effective date of
the General Order;

Cook County has failed to perform its duty, pursuant to the Counties Code, 55 ILCS 5/5-
1106, to provide reasonable and necessary funds for the use of the Court by eliminating
court, probation, and detention suppOli staff.

The budget exacerbates the reduced ability of the Cook County State's Attorney to prosecute
certain traffic offenses and, in a timely manner, attend to other court duties.

The Court has made all reasonable eftorts to cooperate with the County in attempting to
reconcile the County's budget priorities with the Court's needs.

The budget exacerbates the Cook County Public Defender's limited ability to adequately provide
representation of arrestees in police custody, in violation of Cook Co. Cir. ct. Gen. Admin.
Order 2017-01 (eff. Mar. 14,2017).

The budget very seriously impairs the emcient and effective administration of justice in and by
the Circuit Court for Cook County, especially with regard to bail hearings, responsible
adjudication of traffic offense$, administration of the JTDC, adult and juvenile probation services
(supervision and rehabilitation), and the collection offees and victims' restitution.

Pursuant to the cOUI1s' "inherent powers to protect themselves and the public they serve against
default of their constitutional obligations," which include "powers [thatl enable them to perform
their judicial functions with efficiency, independence and dignity," People ex reI. Bier v, Scholz,
77 Ill. 2d 12 (1979); pursuant to Ill. Canst. 1970 art VI, 7, 16, and Ill. S. Ct. R. 21 (eff. Dec. I,
2008); and in consideration of the facts and circumstances described above,

IT IS HEREBY ORDERED that the County of Cook shall

I. Provide sufficient funds to the Court to enable it to perfonn all of its legally required
duties, including, but not limited to those detailed above, and specifically to provide
funds in the amount of $290,538,836, including continued fLmding for the 161 positions
designated in the budget for layoffs;

2. Refrain from implementing or processing the termination, separation, or layoff of any

employee of the judiciary without approval by the Chief Judge or his designee.
p. 50f7
 Cook Co. Cif. Ct. GAO. 2017-09
November 30, 2017

3. Provide additional funds in the approximate amount of $6,050,225, to employ sufficient

pretrial services staff for implementation of Cook Co. Gen. Order 18.8A (eff Sept. 18.
2017) and Illinois Public Act 100-1 (eff. Jan. I, 20 18)(Bail Reform Act of 20 17).

4. Provide sufficient funds to the Circuit Clerk of Cook County, pursuant to the Counties
Code, 55 ILCS 5/5-1106, to enable the Clerk to fully perform all the Clerk's duties
pursuant to the Clerks of Courts Act, 705 ILCS 105/0.01, et seq., including. but not
limited to, the duty to attend all sessions of the court, preserve all the files and papers of
the court, and make, keep and preserve complete records of all the proceedings and
determinations of the court, except in cases otherwise provided by law, and to do and
perform all other duties pertaining to the office or the Circuit Clerk, as may be required
by law or the rules and orders of the Court, respectively.

5. Provide sufficient funds to the Sheriff of Cook County, pursuant to the Counties Code,
55 ILCS 5/5-1106, to enable the Sheritfto fully perform the Sheriffs duties plU'suant to
the Counties Code, 55 ILCS 5/3-6023, to attend upon all sessions of the courts, to obey
the lawful orders and directions of the court, and to maintain the security of all
courthouse facilities.

6. Provide sufficient funds to the Cook County Public Defender to enable the Public
Defender to effectively represent arrestees in police custody, pursuant to Cook Co. Cir.
Ct. Gen. Admin. Order 2017-01 (eff. Mal'. 14,2017).
u
I IT IS HEREBY FURTHER ORDERED that the Circuit Clerk shall fully perform all of the
I Clerk's duties pursuant to the Clerks of COUlts Act, 705 ILCS 105/0.01, et seq., including, but
~ not limited to, attend upon all sessions of the Court, preserve all the files and papers of the Court,
!
make, keep and preserve complete records of all the proceedings and determinations of the
I Court, except in cases otherwise provided by law, and do and perform all other duties pertaining
to her office, as may be required by law or the rules and orders oftlle Court, respectively, at all

Il
!
courthouse facilities.

IT IS HEREBY FURTHER ORDERED that the Sheriff of Cook County shall fully perform
all the Sheriff's duties pursuant to the Counties Code, 55 ILCS 5/3-6023, to attend upon all
sessions of the Court held in Cook County, to obey the lawful orders and directions of the Court,
and to maintain the security of all courthouse facilities.

p. 60f7
\
Cook Co. Cir. Ct. G.A.O. 2017-09
November 30, 2017

IT IS FURTHER ORDERED that the Cook County Treasurer comply with the provisions of
this order requiring the processing and payment of funds.

This order is effective immediately upon entry.

Dated this 30th day of November, 2017.

ENTER:

',,' :":~ " . .>A ,...,.\

JUDGE TlfE()T:W ElfANSj(';{

~;oV 3 C2017

p.71if7