Skyrocketing number of trials put squeeze on McHenry County courts

The Constitution guarantees everyone accused of a crime the right to a fair trial by a jury of peers.

In McHenry County, more people than ever are exercising that right.

The number of juries impaneled to hear trials rose nearly 190 percent between 2004 and 2008, including a 40 percent increase last year alone, according to figures compiled by the county's 22nd Judicial Circuit.

That dramatic increase is putting additional pressure on the county's judges and court workers as they search for ways to administer justice quickly and efficiently while remaining mindful of everyone's right to a trial.

"It's a pattern we're not going to see change anytime soon," said 22nd Circuit Chief Judge Michael Sullivan. "We have a finite number of judges, and the amount of time they're spending on one case impacts their ability to spend time on others."

According to the circuit's figures, 48 juries were seated in 2004 to hear a trial. By 2007, that figure was 97. Last year, it hit 139.

The majority of the additional trials are being heard in the courtrooms of judges Charles Weech and Gordon Graham, who preside primarily over misdemeanor, DUI and domestic violence cases. Weech alone presided over 41 jury seatings last year, compared to just six in 2004.

Overall, there were juries seated in 102 criminal courtrooms last year, compared to just 15 in 2004, a 580 percent increase. Over that same time period, the number of felony, misdemeanor and DUI filings grew just 6.5 percent.

The increase means not only more work for judges, lawyers and courthouse employees, but more money from county taxpayers. Jurors cost money. Court transcripts cost money. Expert witnesses cost money.

"It's not only time consuming, it's expensive," said James Wallis, the 22nd Circuit's court administrator. "It has an impact."

Sullivan attributes the increase in trials to a number of factors. Among them: a growing population, changes in state law creating more misdemeanor and felony offenses; and harsher punishments required in some criminal matters.

But one that stands out for him, and many of the county's criminal defense lawyers, is the administration of McHenry County State's Attorney Louis Bianchi.

Compared to prior administrations, Bianchi's has taken a harder line on plea deals and shown more willingness to take cases to trial, even if it means risking an acquittal.

He readily admits his policies are leading to more trials, and he makes no apologies for it.

By being willing to take more cases before a jury, he and his top assistant say, the office is able to obtain harsher punishments for convicted criminals and gain leverage in negotiating plea deals.

"We believe the community is better protected when we take the stance that we're not afraid to take tough cases to trial," said Nichole Owens, chief of the state's attorney's criminal division. "If defense attorneys know that we will go to trial even on cases that are challenging, they'll be more willing to accept a harsher plea agreement."

Defense lawyers, however, question whether Bianchi's philosophy really is in the best interest of justice.

Henry Sugden, a former prosecutor and now criminal defense attorney, believes pushing so many cases to trial stretches judges and other resources too thin.

"You have no alternative but to try cases because there's no ability to resolve them in a way that's fair in light of the charge," Sugden said. "It's disheartening because it means the judges don't have time to spend on the real important cases."

Another defense lawyer, Matthew Haiduk, said more cases are going to trial because of what he termed "ridiculous" plea offers from the prosecutors' office.

"There's less concern about saving taxpayers' money," he said.

Sullivan offers no judgment about whether Bianchi's stance is right or wrong, and said there is little he and other judges can do about it anyhow.

"You can encourage people to talk to one another, but a judge has to be careful not to overstep bounds and jeopardize a defendant's rights," he said.

Another judge would help spread out the caseload, Sullivan said, but it's unlikely the state legislature opens up the purse strings for one given current economic conditions.

Instead, he said, the courts will have to find a way to make do with what it has.

"The way the trend is going, we're going to have to find some way to do it," Sullivan said. "I don't know yet what the answer is going to be."

Bianchi believes there is another benefit to going to trial more frequently: staff development.

"It makes our lawyers better lawyers," he said.