Lawyers' Relief & Retirement Act (a/k/a court)

Back on about January 19, 2011, a two-car vehicle crash occurred between cars driven by a woman and a Woodstock Police officer. The crash was investigated by a deputy of the McHenry County Sheriff's Department.

The woman was ticketed (of course). The police officer was not (of course). What happened?

The woman had a green light southbound in the through lane on Route 47 approaching Lake Avenue. The officer was responding to assist another officer, although he had not been dispatched on the call. He heard police radio traffic and decided to go. He activated his emergency lights and siren. As I recall, he had made several turns and was westbound on Lake Avenue against a red light.

Illinois statutes require an officer driving against a traffic signal to exercise extreme caution and not to cause an accident. He ended up in front of the southbound vehicle and the police car got hit. Views of both drivers were probably obscured by a vehicle stopped in the southbound left-turn lane. In my mind, this creates a higher burden on the police officer not to drive in front of a car that has a green light.

Enter the lawyers.

The woman driver obtained the services of Donahue & Walsh to defend her against the traffic ticket for failing to yield the right-of-way to an emergency vehicle. Case No. 11TR003240 has had numerous court dates. A jury trial was set for May 9, 2012, but now has been re-scheduled to August 6. Number of court dates so far? 11

The police officer sued the woman driver. The woman is counter-suing. Case No. 11AR000086 was filed on February 4, 2011. Note the short time between the date of the crash and filing date. The original claim by the officer was for $389.13 for Woodstock Fire Rescue to transport him to Centegra, plus $1,621.44 for treatment at Centegra, plus $120 to replace his uniform, plus $120 to replace his eyeglasses.

Why would an on-duty police officer sue for all these expenses, which would normally be paid by his employer, the Woodstock Police Department and the City of Woodstock?

Look at the line-up of parties in the case. In addition to the two drivers, the list includes the City of Woodstock; Franks, Gerkin & McKenna; Ancel Glink Diamond Bush et al.; Stellato & Schwartz LTD.

Number of court dates so far? Ten. The next court date is May 9, 9:00AM, for a "Status - Check".

Isn't it time for the judges and the public to take back control of the judicial system and put a stop to this type of nonsense? The judge should set a trial date and tell the lawyers that, if they aren't ready, he'll throw it out. Then give each side 30 minutes for its case. Just the facts. Leave the emotions at the door in petty cases like these two.

These two cases most likely will get settled just before juries are sworn in. Judges need to put a stop to these types of games. If lawyers really want a jury trial, make them stick to their choice. After they get embarrassed a few times trying a weak case, they'll give up. And I'm not talking just about defense lawyers. The prosecutors need to determine whether they have a bonafide case right away; if they don't, drop it.

By the way, why didn't the deputy issue a ticket to the cop for his clear violation of the Illinois Vehicle Code?