Thursday, May 3, 2012

On Call In Christian County

An Assistant State's Attorney for Christian County has been charged by the Illinois Administrator with usurping the role of judge:

In his position as an Assistant State's Attorney in Christian County, Respondent's duties included intermittent weekend assignment as the "on call prosecutor".

One of the responsibilities of the Christian County "on call prosecutor" was to respond to calls from Christian County Correctional Officers in regard to the Officers' requests to determine bail for new detainees and to address issues related to current Christian County jail inmates.

Pursuant to the weekend bail-setting policy of the Christian County State's Attorney's Office, the "on call prosecutor" would receive a call or page from the Christian County Correctional Officers; the Officers would advise the "on call prosecutor" of an individual arrestee's name, criminal charge and facts of the offense; the "on call prosecutor" would contact the "on call Judge", advise him of the arrestee's name, criminal charge and facts of the offense; the "on call Judge" would set bail and condition and any conditions of bail; the "on call prosecutor" would notify the correctional officer of the bail and any conditions of bail as ordered by the "on call Judge".

On March 18, 2011, Respondent was on duty as the Christian County "on call prosecutor" and was contacted, via telephone, by Christian County Correctional Officer Hogan. Officer Hogan advised Respondent that periodic imprisonment inmate R.F. appeared to have overdosed on medication. Respondent directed Officer Hogan to release R.F. from his sentence of periodic imprisonment, without consulting with a Judge to modify the existing sentencing order.

On May 6, 2011, Respondent was on duty as the Christian County "on call prosecutor" and was contacted, via telephone, by Christian County Correctional Officer Tucker. Officer Tucker advised Respondent that periodic imprisonment inmate D.O. had recent oral surgery. Respondent ordered Officer Tucker to release D.O. from his sentence of periodic imprisonment, without consulting with a Judge to modify the existing sentencing order.

On May 8, 2011, Respondent was on duty as the Christian County "on call prosecutor" and was contacted, via telephone, by Christian County Correctional Officer Tucker and advised that bail needed to be set on two individuals arrested and charged with domestic battery, J.T. and R.C., who had been arrested on Friday, May 6, 2011.

Without contacting a Judge or other judicial officer, Respondent told the Officer that bail had been set at $1000.00 with 10% down, and a special condition of no contact, for both arrestees J.T. and R.C.

On December 23, 2011, Respondent was on duty as the Christian County "on call prosecutor" and was contacted, via telephone, by Christian County Correctional Officer Bedinger. Officer Bedinger advised Respondent that periodic imprisonment inmate K.H. appeared ill. Respondent ordered Officer Bedinger to release K.H. from his sentence of periodic imprisonment, without consulting with a Judge to modify the existing sentencing order.

On January 8, 2012, Respondent was on duty as the Christian County "on call prosecutor" and was contacted, via telephone, by Christian County Correctional Officer McAvoy. Officer McAvoy advised Respondent that periodic imprisonment inmate D.C. had suffered a seizure and been taken to a hospital. The Officer further advised Respondent that bail needed to be set on two individuals arrested and charged with domestic battery, D.B. and D.T., on Friday, January 7, 2012.

Without contacting a Judge, Respondent ordered Officer McAvoy to release inmate D.C. from her sentence of periodic imprisonment, subsequent to her hospital visit, without consulting with a Judge to modify the existing sentencing order.

Without contacting a Judge or other judicial officer, Respondent told the Officer that bail had been set at $3000.00 with 10% down for arrestee D.T.

Without contacting a Judge or other judicial officer, Respondent told the Officer that bail had been set at $3000.00 with 10% down, with special conditions of bond, for arrestee D.B.

At all times alleged in the complaint, Respondent did not have the authority to direct that inmates be released.

At all times alleged in the complaint, Respondent's statements about bail were unauthorized and false.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2012/05/an-assistant-states-attorney-for-christian-county-has-been-charged-by-the-illinois-administrator-with-usurping-the-role-of-ju.html

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