COOK COUNTY APPEALS PROCESS UNFAIR
Update (October 24, 2003)
Overturned Murder Conviction Shows Need for Vetted Appeals
In a case the Chicago Daily Law Bulletin called "a key battle" in this cause, the Illinois Appellate Court reversed the conviction of accused murderer George Davis. Davis was among the Public Defender clients that office abandoned pursuant to its policy of withdrawing from appeals and claiming they completely lacked merit. Davis had been one of the plaintiffs in the Justice Center suit.Following the Public Defender's withdrawal (and the dismissal of the MacArthur Justice Center litigation) the Justice Center recruited attorney Edward M. Shin to handle Davis's appeal on a pro bono basis. Shin's victory in the Davis case proves the Justice Center's allegation in the 2001 suit: the Public Defender was withdrawing from cases with valid claims.
Download Daily Law Bulletin case article (pdf) (Permission to post this article was granted by the Chicago Daily Law Bulletin)
Suit Alleges Cook County Public Defender Rejecting Too Many Appeals
The MacArthur Justice Center and the American Civil Liberties Union of Illinois filed a class-action lawsuit in February 2001 against the Cook County Public Defender (PD), alleging that because of underfunding and excessive caseload the Cook County PD was withdrawing from nearly half the appellate cases in which it had been appointed to protect the rights of indigent criminal appellants. The suit alleged that, among the cases from which the Cook County PD was withdrawing, were many with meritorious issues that should have been briefed.
Although this case was dismissed by the Circuit Court of Cook County in July 2001, it had important effects. Because of problems in the Cook County PD's handling of appeals (including those identified in this litigation), the Illinois General Assembly appropriated funds to add staff to the Illinois State Appellate Defender, which will now take some of the cases that would have been assigned to the Cook County PD. The State Appellate Defender withdraws from cases much less frequently than does the Cook County PD.
Download Jefferson complaint (pdf)
