Jamie Mosser: Candidate profile, Kane County State's Attorney

After 10 years as Kane County's top law enforcement official, Joe McMahon is leaving his post as state's attorney this year.

Voters on Nov. 3 will choose his successor from a pair of experienced attorneys.

Democrat Jamie Mosser of St. Charles is a former county prosecutor who's also spent time in private practice and providing pro bono legal work through Prairie State Legal Services.

She is facing Republican Robert Spence of Batavia, also a former county prosecutor who's served as an assistant Illinois attorney general, a circuit court judge and an appellate court judge.

The Daily Herald recently asked the candidates to answer a series of questions. Here are their replies.

Q: Why are you running for this office, whether for reelection or election for the first time? Is there a particular issue that motivates you? If so, what?

A: This is my first time running for any political position, but I have extensive experience as a prosecutor both in New Orleans and Kane County. I have handled cases from traffic tickets to homicide. What I learned in each case is that every person comes in our system with a different history. It is my goal to change the mindset of the system so that we get to the root of the criminal behavior so that we can divert out individuals who commit crimes due to mental health or drug addiction issues and focus on the prosecution of violence crimes.

To do justice in a case, prosecutors should not limit their decision to the police report and criminal history. We must look at the background of the defendant and why they have come before the court. We must provide training to law enforcement to recognize the signs of mental health and addictions. We must focus on diverting nonviolent offenders into treatment - including creating a pre-arrest diversion program.

Getting individuals into treatment and out of the criminal justice means that we are likely to see a low recidivism rate.

Q: If you are an incumbent, describe your main contributions. Tell us of any important initiatives you've led. If you are a challenger, what would you bring to the board and what would your priority be?

A: The current State's Attorney is stepping down from the position, so there is no incumbent. One of my initiatives for the office is to strengthen our current Diversion Programs and create new Diversion Programs.

When I was an Assistant State's Attorney in Kane County, I created the Domestic Violence Diversion Program. The program requires abusers to admit responsibility for their actions and the victim is given the opportunity to object or to suggest treatment. The abuser must complete counseling and not commit further abuse. Since its inception, this program has been extraordinarily successful, with a low recidivism rate.

My experience shows that I can assess a department and can propose changes that make it better.

I will also hire a grant writer to look for alternative sources of revenue for new programs like the Domestic Violence Diversion Program. This includes a diversion program geared toward individuals that are 18-23 years of age. Understanding that young people make decisions that are sometimes criminal, we must have a program that allows them to accept responsibility, get treatment, and yet not result in a criminal conviction.

Q: What crime should be the office's top target. Drugs? Gang violence? Child sex abuse? Something else? Why? What steps will you take to address the priorities as you see them?

A: The prosecution of violent crimes should be the office's top target. Safety is the goal of any State's Attorney. Effectively and efficiently, prosecuting violent crimes is the way to keep our community safe. These cases negatively affect the community and have serious, long term consequences for the victims of those crimes.

We must also give victims a voice in the process by following the victim's bill of rights and utilizing restorative justice when possible and when appropriate. In Illinois, victims of crimes have a right to be present in court, to give a victim impact statement and to be involved in the criminal proceeding.

Restorative Justice is designed to repair the harm from crime. It involves the victim, the offender and the community in holding the abuser accountable and allowing them to make amends. It is important to note that restorative justice is not applicable for every case. Part of the justice of any case is to ensure that the victim has a voice.

As an attorney in the Domestic Violence Community, respecting victims and ensuring they are involved in the case to the extent they wish has always been my objective.

Q: Describe your position regarding the allocation of resources in the state's attorney's office. Are personnel allocated as they should be? Are there capital expense or other budgetary items that the office must address, and, if so, how do you propose to address them?

A: I believe that there are significant improvements that can be made with the office personnel and allocation of resources. When elected, I will create a screening division and vertical prosecution units. The screening division will be made up of experienced prosecutors.

These prosecutors will review every felony case to determine if charges are appropriate. They will follow guidelines as created by the State's Attorney. If the case is charged, these prosecutors will be at bond call to ensure consistency in bail requests that have a primary focus on bail conditions instead of cash bail. After bond court, the matters will be assigned to vertical prosecution units based on the type of charge.

For example, we will have property crime, domestic violence, sex offenses, drug offenses and violent crime units. The purpose of vertical prosecution is to make sure that the prosecutor assigned to these cases has the specialized knowledge to prosecute the cases fairly and efficiently.

Having a screening division and vertical prosecution increases the likelihood of having consistent charging decisions and speedy resolutions in cases.

Q: Name one concrete program you'll create or personnel move you'll make to improve efficiency in the office or make it more successful. Explain how it will be funded and how you will overcome any obstacles to initiating it.

A: Outside of the screening division that I mentioned above, I will also bring back the Community Prosecution Unit. This unit will work with the community and police to provide communication, transparency, and accountability.

A prosecutor will be assigned to each city, town or village in our County - preferably a prosecutor living within that community. The prosecutor will attend meetings, provide presentations and be the liaison for the police department. We will discuss the purpose of the prosecutor, how a prosecutor seeks justice, and the cases that we see.

We can then institute community-focused crime strategies particular to that community and their needs. We would be responsive to community issues such as targeted crimes and issues with policing.

A prosecutor's role is often reactive - a person is arrested, and we prosecute the case. This program allows us to be proactive and visible in the community. We can listen and respond to the complaints of the community. We can advise on current criminal trends. We can communicate about case decisions. We would invite participation from the community in conjunction with the police department in making our community safer.

Q: The Kane County State's Attorney's office was called upon to prosecute the Laquan McDonald case. Do you believe that is an appropriate use of the office? What duty does the state's attorney have in providing a public accounting of the time and expenses involved in taking over such a prosecution outside the normal duties of the office?

A; Pursuant to 55 ILCS 5/3-9008 (a-20), when a conflict exists involving a State's Attorney, prior to appointing a private attorney, the court shall look to the Attorney General, the State's Attorney Appellate Prosecutor, or the local State's Attorney's Offices.

Kane County State's Attorney Joe McMahon accepted his role as the special prosecutor of Jason VanDyke, which was solidly based in Illinois law. I agree that it is the responsibility of every State's Attorney to assist another county when there exists a conflict.

In that same statute, there is one provision that discusses that "[i]n the case of the proposed expansion of a special prosecutor's power and authority, a county may provide the court with information on the financial impact of an expansion on the county." The statute otherwise is silent on the requirement that a specially appointed State's Attorney provide a public accounting of the time and expenses of this appointment.

It is my belief that the prosecutor's offices should be transparent in its actions. This would include answering any request by the public to determine what resources were diverted to another county while the special prosecution occurred.

Q: The relationship between the current state's attorney and the current county board chairman could be described as strained. What will you do to ensure there is a positive working relationship with the new chairman and county board?

A: Communication, listening, and respect are the keys to any successful relationship. All board positions and the State's Attorney run as partisan individuals. However, each elected official should serve their community with the same goal - to do the right thing. The State's Attorney is the lawyer for the county, the county board and other elected officials. We must be present at meetings to give sound legal advice.

The State's Attorney's Office has a civil division made up of extremely qualified individuals. It is imperative that the civil attorneys be assigned areas of law so that they can give the best legal advice in any situation.

By statute, the State's Attorney's Office is independent from the board. This ensures that they give advice that is based only on the law. It's inevitable that the State's Attorney will give advice that the 24 county board members and the chair may wish were different, as it does not support their position. However, by setting expectations early on the role of the State's Attorney, and by staying consistent and true with rule of law, we will foster positive working relationships that are necessary with all clients.

Q: The county has experienced major increases in the costs of defending litigation and insuring against losses stemming from such litigation in recent years. What can the state's attorney do to lower those costs?

A: The two largest claims in recent history were the tragic incident that occurred at Delnor Hospital and the denial of the special use permit for the Drug and Rehabilitation Facility requested to be at the former Glenwood School for Boys in Campton Hills.

While we can dissect each aspect of these claims, the better approach is to learn from the past to have a stronger future for Kane County. By encouraging positive working relationships between all county offices and the county board, will help the county allocate the resources to make sure that all needs are met. We need practical approaches instead of theoretical discussions. We need to provide training to our employees to decrease litigation by providing them with real situations where cases have arisen.

Like the Community Prosecution Unit above, we need to have an expanded presence with our county board and county employees to be responsive to their needs. We need to encourage the creation of programs whose goal is to decrease litigation.