CCBA Statement in Support of State's Attorney Kimberly M. Foxx
Illinois law recognizes that the Cook County State's Attorney is vested with wide discretion in performing the functions of her office. The State's Attorney is responsible for evaluating the evidence and other pertinent factors to determine what offense may be charged, or whether to prosecute at all. These discretionary choices are exclusive to the State's Attorney. Indeed, the constitutional doctrine of separation of powers prevents even the courts from ordering a State's Attorney to file charges against a defendant.
The Cook County Bar Association (CCBA) stands in full support of the lawful execution of these duties. Nothing that has occurred over the past few weeks establishes that State's Attorney Kimberly M. Foxx exercised her discretion unlawfully in any matter.
The Chicago Fraternal Order of Police (FOP), along with a group of suburban Cook County police chiefs, recently issued a vote of no confidence in the State's Attorney and called for her resignation. The FOP's president "expressed frustration" at the State's Attorney's dismissal of murder charges against two defendants whose confessions were thrown out of court because the detective investigating the case was discredited. That detective has had at least a dozen convictions jettisoned because of allegations that he beat suspects and coerced confessions. Yet the FOP's president directed his "frustration" at the dismissal of the tainted charges, rather than the conduct that required the dismissal. Further, the North Suburban Association of Chiefs of Police attacked State's Attorney Foxx because of changes to how her office prosecutes shoplifting and traffic offenses.
The CCBA opposes the police chiefs' unprecedented step of asking the duly elected State's Attorney to resign based on their disagreement with her policies. The police departments appear to be dissatisfied by the State's Attorney's lack of "outreach" and "consultation" with them. But as we noted at the outset, the State's Attorney has virtually unlimited discretion to determine what, if any, charges should be prosecuted. We also question why the heads of the police departments are antagonizing a State's Attorney who has made substantive efforts to make the criminal justice system more just.
The State's Attorney has backed, among other reforms, reform of the cash bond system to ensure that nonviolent detainees who cannot post small amounts of money do not languish in jail. Moreover, the State's Attorney has moved to deprioritize certain nonviolent crimes such as shoplifting and has stopped prosecuting people who were accused of driving on licenses that were suspended for financial reasons - such as failure to pay child support, tolls or parking tickets. The CCBA applauds these initiatives and stands in support of State's Attorney Kim Foxx.
