Q&A with O'Brien
Q. Why are you running for this office? Is there a particular issue that motivates you, and if so, what? What will be your main priority?
The State's Attorney (SAO) is the People's Lawyer. If elected I will work hard to ensure that the SAO is transparent and responsive to the concerns of the community. I will mandate a total review of the SAO and its policies and practices. I will be open to the opinions of not only lawyers in the SAO but also the community, judges, police, and even lawyers and organizations that don't usually support the SAO. Some of my personal goals for the office would be: pledge not to seek the death penalty; evaluate all innocence claims; permit the unionization of the office; support reforms in the Juvenile Detention Center and County Jail; ensure that elections are fair and accurate; and to build bridges to parts of the community who feel alienated from the justice system.
Q. As a challenger, what contributions you would make?
The murder rate in Chicago is at the lowest point in 40 years. However, the recent spate of shootings at the Taste and the death of so many CPS students points to the fact that the murder rate can never be too low. Even though the murder rate is down the clearance rate is just over 30% The SAO must work on community outreach and police-citizen relations to get over the fear that many people have of coming forward to share information. The SAO previously had neighborhood offices. However, budget cuts from the County Board led to their elimination. I support re-establishing community outreach in a different form. First, I would target those neighborhoods with the highest crime rates. Second, instead of fixed locations I would have the SAO work with ministers, neighborhood organizations, and aldermen to meet with the community. I was recently at an anti-violence meeting in Little Village. There was no SAO representation. If elected I will make it a priority to be present at such meetings. A positive working relationship with the community will lead to more arrests, convictions, and safety for citizens.
Q. What will you do to prosecute police, prosecutorial and political corruption? Do you think the resource allocation currently used in the office is sufficient to prosecute corruption? If not, how would you re-allocate it, and what other areas would you take away from to beef up political corruption prosecution?
The SAO has historically prosecuted police and corrupt politicians and will continue to do so if I am elected. The budget is adequate to prosecute these cases. It is easier to prosecute political corruption cases using Federal law. The US Attorney has a large budget and the FBI to investigate allegations of corruption. The SAO budget was recently cut leading to the loss of close to 50 lawyers. The results of the 2010 elections may lead to an even smaller budget. The primary duty of the SAO is to protect the safety of the community. If elected I would not allocate funds, lawyers, or investigators from courts that work on child abuse, domestic violence, or felonies to prosecute a few more corruption cases. The SAO must maintain a good relationship with the police. However, I will work with the police so that there is an understanding that the SAO will not tolerate misconduct. That the police must have a positive relationship with the community to help fight crime. If I am elected and any attorney commits serious misconduct I will seek there immediate termination. I would notify the ARDC and assist in any disciplinary action. I would also contact the FBI with evidence of criminal acts.
Q. Historically, the state's attorney's office has been shaped almost as much by the first assistant as the state's attorney. Who would your first assistant state's attorney pick be?
I have not spoken to any candidates for first assistant because that would be a little presumptuous. However, I believe that the first assistant should be an experienced attorney from outside the SAO. Thomas Breen and Lewis Myers would be the type of attorney I would look at for this important position.
Q. What will your criteria be for use of outside counsel once you are elected? For what purposes would you use them, would there be an hourly price cap and what criteria would you use in selecting outside counsel? Do you believe firms who donated or whose employees donated to your campaign should be eligible for hire by the county?
If I believe that there is a conflict of interest in the SAO I would contact the chief judge for appointment of a special prosecutor or have the case assigned to the Illinois Attorney General.
Q. What policy emphases in the current state's attorney's office would you change, specifically, and why?
I oppose the death penalty and pledge not to seek it in criminal cases. I have a personal and moral objection to the death penalty. In addition: there are no studies that show that it is a clear deterrent; it is not consistent with a democratic society; it is expensive costing millions to prosecute; there is a racial disparity in those sentenced to death; and polls show that a large percentage of the community does not support the death penalty. If elected I will ensure that all innocence allegations are investigated. Lawyers working on cases with innocence claims will be allowed to review the files in the SAO and any requests for new DNA tests will be handled expeditiously. I would also support the unionization of the office. A union would allow the lawyers to seek just compensation from the County Board and not have to rely on a politician for raises. A union would also give the assistants independence from any possible political pressure concerning a case.
Q. If you are elected to this office, would you ever consider running for higher office? Why or why not?
If elected there would be so much to do I couldn't foresee running for another office anytime soon.
Q. What were your grades in law school? Please provide a transcript from your law school or supply a release form allowing us to obtain a transcript directly from your college of law.
I graduated from St. Mary's University Law Center in 1988. I don't have a copy of my transcript but I did finish in the bottom half of my class.
Q. Please use this area to tell us about issues or your position on issues that we have not addressed that you believe voters should know about.
The SAO has a legislative position on the executive staff. I was involved with amendments to the Child Pornography Statute in the early 1990s. I argued a case in the appellate court that demonstrated that the statute needed to be amended and clarified. I sent a legal memo to the liaison and a few months later the legislature amended the statute which helped to protect children. I would use this resource to help formulate reasonable gun laws in response to the recent U.S. Supreme Court decisions. The County Board and the legislature have recently cut funding for drug programs and alternatives to prosecution programs. These are important options and resources that I would support. There have been reports that the Probation Challenge program might also be eliminated. If elected I will work to maintain this excellent program. I was an election monitor during the 1991 Nicaraguan elections. The SAO monitors elections in Cook County and I will ensure that the office continues to protect the accuracy of the vote.