Q&A with Cynor
1. Why are you running for this office, whether for re-election or election the first time? Is there a particular issue that motivates you, and if so, what? What will be your main priority?
I am running for the Office of McHenry County State's Attorney because I care about the integrity of the 22nd Judicial Circuit, the reputation of the county's legal institutions and the general well being of McHenry County and all its residents. I have unique experience as a judicial employee, former litigation supervisor and practicing attorney. My unique position with the judiciary allows me an insider's view as to the workings of our county's legal system and gives me the opportunity to recognize the weaknesses of the current state's attorney administration. I have the experience and ability to implement effective solutions to the varied problems we now face because of these persistent weaknesses. I am particularly motivated in restoring integrity to the Office of State's Attorney, repairing working relationships with local law enforcement and providing necessary stability to the office by curtailing employee turnover. The main priority for anyone seeking the office of state's attorney should be to protect and honor the Constitution of the United States of American and the state of Illinois, to seek justice above all else and to provide the best of all legal services to the people of McHenry County regardless of political affiliation or allegiance.
2. For incumbents and non-incumbents. If you are an incumbent, describe your main contributions. Tell us of important initiatives you've led. If you are not an incumbent, tell us what contributions you would make.
As state's attorney of McHenry County I would end the wasteful and counterproductive policies of the current administration, implement necessary reforms to ensure stability in the office's work force and refocus the limited resources of the office on vital statutory functions. As state's attorney, I would end the current practices of accepting unlimited political contributions from private attorneys who have legal business before the judges of the 22nd Judicial Circuit and finally put an end to the perceived influence purchasing by those counselors. I would put an end to the practice of accepting political contribution from county contractors and place the "people's" interests first. I would end the unethical practice of using paid county employees for "soft" campaigning and fully comply with the mandates of the state and county ethics codes, the Illinois Election Interference Act and the Illinois Election Code. I would end the practice of using county coffers for campaigning and personal expenses. And work closely with the county clerk, to ensure the necessary codification of all county ordinances. I promise to contribute all my talents to ensure a state's attorney's office which will live up to the high expectations and standards of the people of McHenry County.
3. The past three years have seen a high level of turnover among staff at the state's attorney's office, particularly among assistants. How has this turnover helped, or hurt, the administration of justice in McHenry County?
The Daily Herald recently examined the turnover at the McHenry County State's Attorney's Office and concluded that in three plus years that Louis Bianchi held the position of state's attorney, the office experienced almost 140-percent turnover among assistant state's attorneys. Last month, at a press conference highlighting the importance of retaining qualified ASAs, Richard Devine, state's attorney of Cook County, pointed out that his office's turnover rate averaged between 8 and 9 percent per annum. Astronomical turnover rates among ASAs are an indicator of serious internal strife. The loss of stability, the loss of continuity in prosecutions and the loss of institutional knowledge has severely hurt the administration of justice in McHenry County. This loss of knowledge and experience has lead to litigation failures and public embarrassments. While other state's attorney's, like Dick Devine, have recognized the importance of retaining these professionals, Louis Bianchi has, under his administration, extended the average ASA workweek, limited ASA prosecutorial discretion, dragged his heels on a promise to implement an ASA mentoring program and played "Donald Trump"* with hiring decisions. Retention of qualified professionals is a priority in SA offices throughout our state, and McHenry County should be no exception. *NWH account of Louis Bianchi's first few days as state's attorney
4. A hallmark of the current state's attorney's administration has been its willingness to take more cases to trial. What are the benefits of that policy and do those benefits outweigh the risks, namely a larger number of acquittals?
The policy of taking more cases to trial is a misguided and harmful attempt to project a tough on crime political image. Such a policy is an intrusive political decision, where a more detailed and careful legal analysis is required for each unique individual case. Stated another way, each case should stand on its own merit. By taking away the prosecutorial discretion of each ASA, Louis Bianchi has displayed a complete lack of confidence in his professional staff. The additional trial work, the lack of confidence and burdens of preparing questionable charges for prosecution has resulted in unnecessary turnover and has fostered cynicism among those charged with carrying out their marching orders. The risk of such a misguided policy is not only the possibility of an increase in acquittals, which will no doubt occur. The policy itself results in the ultimate breakdown of the effective and efficient administration of justice and cannot be reconciled with the notion of prosecutorial discretion. The policy was implemented with an eye toward influencing public perception and political gain. Political gain and posturing is anathema to seeking justice. The residents of McHenry County deserve better. It's time to restore discretion to competent ASAs.
5. The state's attorney's office played an important role in the establishment of a mental health court for McHenry County. What other changes or new ideas should be incorporated into the county's justice system in the next four years and what part should the state's attorney play in leading the charge?
Just as the state's attorney office partnered with the judiciary, court services, court administration and various county committees in establishing a mental health court for McHenry County, the state's attorney office should take the next step and ensure implementation of the previously proposed drug court, nonviolent first offender program and ASA mentoring programs which have frustratingly remained on the table for years. Although the residents of McHenry County have been repeatedly promised these beneficial programs, they remain in the planning stages. To best address the complicated issues of criminal recidivism, court congestion and staff turnover the time to move on these and other important programs was yesterday. At a time when the county is experiencing budgetary difficulties, it will certainly take the continued partnership of all interested offices to find the resources to get the job done. Because of the importance of the projects, the money should be and can be budgeted. It is the county state's attorney who should have ensured the completion of these projects years ago. And it remains the duty of the next state's attorney of McHenry County to ensure these valuable programs don't get pushed to the back burner in the next four years.
6. A stated goal of the current state's attorney administration was to outsource less work to private law firms and handle more cases in house. Has this been accomplished and what are the benefits, and negatives, of that policy?
There are two primary reasons county legal work is outsourced (i.e. the appointment of special prosecutors): conflicts of interest and/or the inability of the office to competently handle a specialized area of law. It is the state's attorney who determines whether his/her office is capable of adequately representing the county's legal interests or alternatively seeks outside counsel. The office's ability to competently handle diverse legal issues is dependent upon the diverse expertise of the attorneys in that office. While it is commendable to bring matters in-house and avoid the costly professional services of special prosecutors, it is also important to ensure the office has competent, capable and experienced attorneys available to handle these cases. With turnover approaching 140 percent (resulting in loss of experience and institutional knowledge) the office's ability to continue to effectively bring matters in-house will be curtailed and the economic advantages of the policy have been severely exaggerated. To continue to bring increasingly complex legal matters in-house, without consideration as to the office's ability to competently handle these cases is to invite disaster. The decision to retain in-house should be done on a case-by-case basis. A policy which only considers cost savings is shortsighted and risky.
7. Not including those issues already identified above, is there another issue you believe will affect your office over the next four years? If so, define it and explain how you would like to see it addressed.
I would like to see the elimination of the bad check program adopted by Louis Bianchi in February 2007. The bad check program as administered leaves thousands of dollars uncollected services only a select few clients and becomes increasingly irrelevant as more check writers turn to credit and debit cards and merchants increasing rely upon check verification services. It's time to end the bad check program and let the few who are eligible for the program turn to civil remedies. Additionally, I would like to see the state's attorney reacquire the authority to prosecute all DUI offenses in the county. Currently, the various municipalities in McHenry County are granted authority (by the state's attorney) to prosecute DUI violations which occur in and are written as ordinance violations. As municipalities are primarily concerned with generating revenue, as opposed to deterrent and punitive concerns, the negotiated pleas resulting from these ordinance offenses are wildly divergent from municipality to municipality. For the sake of consistency and fairness, it's time to have one body prosecute all DUI violations in the county. The county's approach to crime and punishment should be the same whether an offender is charged in Marengo or McHenry.
8. Please list the names of all relatives employed by or involved in contracts with McHenry County, their relationship to you and their position or area of business.
None known.