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Eileen O’Neill Burke, Democratic candidate for Cook County state’s attorney, responds to a question from UBAM member John Marusarz at the United Business Association of Midway meeting at the Red Barrel restaurant. UBAM member Patricia O’Brien (at left) listens in along with Burke’s campaign manager Mike Boehm. UBAM President Anita Cummings is at right.
Eileen O’Neill Burke, Democratic nominee for Cook County state’s attorney, discussed her plans to improve the justice system at the United Business Association of Midway meeting on Sept. 10.
“Our justice system isn’t working right now. I think everyone can see that,” said Burke, who stepped down from her seat on the Cook County Appellate Court to run for the office. She will face Republican Bob Fioretti, an attorney and former 2nd Ward alderman, in the Nov. 5 election.
Burke pointed to her wide range of experience, starting as an assistant state’s attorney in 1991 and eight years as a defense attorney before becoming a circuit court judge and then moving to the appellate division.
She cited the proliferation of guns as one of many “pressure points” on the Cook County justice system.
“We had 764 people shot in the city during the summer. Those are warzone numbers,” she said. “This entire county is awash in guns. And these are not just any guns. They are equipped with a switch converting it to an automatic weapon with an extended magazine. That is why we are seeing so many mass shootings.
“But we have a tool—the assault weapons ban—and we need to use it,” Burke added, explaining that the law bans the use of switches to increase the fire power of handguns. “On Day 1, we will ask for detention and jail time if you get caught with one of those weapons.”
“I also want to convene a regional gun-crimes taskforce to cut off the flow of guns,” she said, pledging to work with neighboring counties to do so. Burke claimed 60 percent of guns used in crimes in Cook County can be traced to five stores, and 40 percent are brought in from Indiana.
Another pressure point cited was the Safety Act enacted last year, ending cash bail in most cases. “We no longer look at how much money you can post. We look at whether you are you a danger to the community or not. If you are not a danger, you shouldn’t be held in jail before a trial,” said Burke.
“The state’s attorney’s role has greatly expanded now. It is up to the state’s attorney to ask for pre-trial detention, otherwise a judge can’t detain anyone. So, you better have someone in the office who knows what they are doing,” she said.
“I would seek detention for every single weapon and gun with a switch, every time someone commits a violent crime on public transportation,” said Burke. “I did criminal defense for eight years, and I’ll tell you the criminals will know something has changed. The behavior with change just by enforcing the law,” she predicted.
Burke also wants to increase the number of assistant state’s attorneys to the previous level of 780, up from the current 640. “Where we are missing them is in the felony trial division—the most important place,” she said.
Burke promised to attract more candidates by providing “unparalleled training.”
“This is going to be like getting a master’s degree in trial work,” said Burke.
When UBAM President Anita Cummings asked how Burke will address victims’ rights, the candidate outlined plans for a victims’ rights coordinator to better communicate with victims and families about court dates and case progress.
Noting that some suspects are detained for years waiting for trials, Burke proposed an information portal for court officials to track cases and clear logjams.
Despite budget cuts, “We are going to be efficient with what funds are there,” she said.
Burke blamed the “massive increase in retail theft” on current State’s Attorney Kim Foxx’s decision not to prosecute cases as felonies if losses were less than $1,000. State statute sets the limit at $300.
“Not prosecuting crime does not deter crime, it encourages it.” she said, asserting she would enforce the law as written. “I will take the same pledge to uphold the law that I did as a judge. It is not appropriate for an officeholder to say they will not follow the law.”
“That doesn’t mean every single person charged with retail theft needs jail time,” she noted, listing “theft school,” court supervision and probation as first-offense alternatives. Burke plans to “tap into” Attorney General Kwame Raoul’s retail theft task force.
To deal with the “massive influx of carjacking and other juvenile crime,” Burke wants to mandate that convicted juveniles who don’t get jail time instead check in and out of school and attend learning enrichment or apprentice programs.
“Children do not do well with unstructured time. The vast majority get arrested between 3:30 and 10:30 p.m.,” she explained, saying mandated activities will keep them out of trouble.
“Government is a poor substitute for parents, but sometimes we don’t have the choice,” she added.
John Marusarz, who runs Addiction Recovery Services, at 6416 S. Central Ave., sought Burke’s support for charging suppliers of drugs laced with fentanyl when people die. Currently, those cases are listed as drug overdoses rather than fentanyl poisoning
“It could have been a homicide,” said Marusarz, noting that under a new Texas law, drug dealers producing or selling fentanyl-laced products can be charged with
murder for fatal drug overdoses. “Drug dealers there are already testing their own supplies for fentanyl,” he said.
Burke opposes releasing violent offenders back into the neighborhood with ankle monitors to await trial because their presence intimidates victims from talking to police for fear of retribution.
“Much of what we have to do is implement the law as it is written in a fair manner,” said Burke.