Illinois
Winnebago County residents share experience on public defense in Illinois
ROCKFORD, Ill. (WIFR) – Lawmakers say Illinois has not significantly changed its public defense structure since 1949.
The community hopes to change that to bring liberty and justice for all awaiting a trial.
At least five people shared their first-hand accounts with public defenders Thursday with the hope Winnebago County and the state takes better action to fix what some say is a crisis in our courts.
‘King Moosa’ was involved in a serious criminal case and had a constitutional right to a public defender, but he says he felt helpless with his representation. Moosa shared his story Thursday night with dozens of others hoping for change
“My public defender, years later, even admitted that she wasn‘t even capable to represent me,” he says.
“This is an opportunity for us to deal with some structural issues that will actually make justice more accessible to those who need it the most,” says New Zion Baptist Church Pastor K. Edward Copeland.
State Rep. Dave Vella says public defenders are understaffed and overloaded with cases. He says the main Winnebago County public defender was tied up in court all day Thursday because of this.
“We don’t have swift justice for either the victims or for the defendants, and it costs a lot more money for the taxpayers,” says Vella.
That’s why Vella introduced the Funded Advocacy and Independent Representation, or FAIR Act, which in part will create an office of the state public defender to assess client needs, staffing and resources statewide.
“Every case these are human lives we‘re talking about,” says ’King Moosa’.
State Sen. Dave Syverson says they’ve spent more on defense-level funding at the Winnebago county level than they’ve ever had before.
“When there are delays in trials, which is very frustrating. It’s usually delays that are caused by the defense delaying things,” says Syverson.
One person who has been in the Winnebago County jail for five years still waits for his trial. He spoke to the room tonight via phone call.
It’s not just criminal cases people also shared stories about family cases. One person shared they are in a battle with DCFS.
Copyright 2024 WIFR. All rights reserved.
Illinois
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Stephanie Mosqueda
Stephanie Mosqueda is a senior majoring in journalism at the University of Illinois Urbana-Champaign with minors in Spanish and public relations. She is the 217 Today producer and a reporter for the Illinois Student Newsroom.
Illinois
Illinois lawmaker’s aide gets sick after opening mail, Aurora office building evacuated
AURORA, Ill. (CBS) — One person was rushed to the hospital Monday afternoon after opening mail in an Illinois state representative’s office in Aurora.
People were also evacuated from the building that houses the office as a precaution.
Aurora police said at 1:06 p.m., they were called along with the fire department to the office of Illinois state Rep. Barbara Hernandez (D-Aurora) in the busy three-level office building at 1 E. Benton St. in downtown Aurora.
An employee had reported feeling sick shortly after opening the mail.
Emergency crews were not sure whether the mail actually made Rep. Hernandez’s staffer sick, or if it was something else. Nevertheless, many people were shaken.
“Police banging on everyone’s doors, saying, ‘We have to evacuate the building,’” said Danny Souri. “It was like a scene out of movie. It was pretty intense.”
Souri works in a different office space at 1 E. Benton St. But he said the urgency from emergency crews made it clear it was not a drill.
“We were told not to leave—can’t go back into the building,” he said.
Meanwhile, the employee from Hernandez’s office who got sick after opening the letter was taken to a hospital by ambulance.
“Another person I know was injured from it as well,” Souri said. “They went on their own.”
After clearing the building, investigators quickly worked to determine what the threat, if any, was from the letter.
“The landlord had to turn off all the HVAC in the building so there was no airflow anywhere so it doesn’t spread, and that’s how they made us aware of what it was,” said Souri.
Exactly what caused the scar remained unknown late Monday. Rep. Hernandez issued this statement:
“I want to thank all first responders for their hard work and support during today’s incident. It’s true my office received a letter, as we usually do. One of my team members opened the letter, causing them to feel ill after. Due to this we made the call to ask for assistance from APD where we then made sure everyone evacuated the building. My team member who came in contact with the letter is in good spirits as they wait for testing results.
“It is unfortunate we live in this type of environment where we have to worry about these incidents. However, I’m very proud and grateful for my team and the first responders for the quick action. I’m sorry to everyone who may have caused an inconvenience to the traffic. I’ve seen some social media posts and I ask please don’t misinform others. Our office will be closed tomorrow to give my team time to recover.”
Late Monday night, the employee was stable and awaiting test results.
Police have not said if they have any leads. But the whole building will remain closed Monday as a precaution.
Illinois
Appeals court keeps Illinois' assault weapons ban in place
CHICAGO — Illinois’ assault weapons ban will remain in place, at least until a federal appeals court hears full arguments challenging a lower court ruling that found the law unconstitutional.
In a brief, two-page order issued Thursday, Dec. 5, a three-judge panel of the 7th Circuit Court of Appeals in Chicago granted the state’s motion to delay the order, noting that just a year earlier the circuit refused to grant a preliminary injunction blocking enforcement of the same law.
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The order noted that while refusing to issue a preliminary injunction is not the same as upholding the law entirely, “the laws have enough support to remain in place pending the final resolution of plaintiffs’ suit.”
Illinois lawmakers passed the weapons ban in January 2023 in response to numerous mass shootings around the country in which AR-style rifles with large-capacity magazines were used. Among those was a deadly shooting at an Independence Day parade the previous summer in Highland Park.
The law bans the sale, purchase and manufacture of a wide range of firearms that are defined as “assault weapons,” as well as large-capacity magazines and certain kinds of attachments, including those that increase the rate of fire from a standard semiautomatic weapon.
The new law was quickly challenged in multiple lawsuits in state and federal court. In August 2023, the Illinois Supreme Court upheld the law against claims that it violated provisions of the Illinois Constitution. But the broader claims that it violates the Second Amendment of the U.S. Constitution are still a matter of legal dispute.
The various federal cases were eventually consolidated into three lawsuits – two in the Northern District of Illinois in Chicago and one in the Southern District in East St. Louis.
In April 2023, Judge Stephen McGlynn, of the Southern District, granted a preliminary injunction to block enforcement of the law while a trial of the case proceeded in his court, saying plaintiffs in that case were likely to prevail in the end. But two other judges in the Northern District denied identical motions, reaching an opposite conclusion about the prospects of the case.
SEE ALSO: State asks for stay of federal judge’s ruling to strike down Illinois assault weapons ban
Those three cases were then consolidated in the first appeal to the 7th Circuit, which ruled 2-1 in November 2023 that the preliminary injunctions should be denied. That decision was then appealed to the U.S. Supreme Court, which declined to hear the cases at this juncture, sending them back to the lower courts for full proceedings.
In September, McGlynn conducted a weeklong trial of the case in the Southern District, and on Nov. 8 handed down a decision declaring the law unconstitutional and enjoining the state from enforcing it. But he stayed the effective date of that order for 30 days, giving the state time to appeal.
Attorney General Kwame Raoul’s office appealed almost immediately and requested a stay of McGlynn’s order. On Thursday, just a few days before McGlynn’s order would have gone into effect, the 7th Circuit granted a stay, keeping the law in effect.
Meanwhile, the two other cases are still pending before different judges of the Northern District but have not yet gone to trial.
In its order Thursday, the 7th Circuit panel took notice of those other cases, where different judges have declined to issue preliminary injunctions.
“The state laws cannot be valid in some parts of Illinois and invalid elsewhere,” the panel noted.
“This does not necessarily imply that the three cases will again be consolidated on appeal; we are reluctant to delay disposition of this appeal indefinitely just because similar litigation is pending in other districts,” the order stated. “Still, the only way to preserve the status quo statewide is to enter a stay in this suit.”
The panel included Judges Frank Easterbrook, Michael Brennan, and Amy St. Eve.
The panel noted that just this year, other federal circuits have reached similar conclusions in at least two other instances. Those included one in March when the 1st Circuit Court of Appeals refused to block enforcement of a Rhode Island assault weapons ban, and another in August when the 4th Circuit upheld a Maryland assault weapons ban.
Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to hundreds of print and broadcast outlets statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation, along with major contributions from the Illinois Broadcasters Foundation and Southern Illinois Editorial Association.
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