The Northwest Herald carries a nice "puff piece" on what's wrong with the McHenry County Circuit Court today. Chief Judge Michael Sullivan will serve on a commission created by the Illinois Supreme Court to make the justice system more accessible.
In our lifetime?
No commission is needed to fix what is broken in McHenry County. Judge Sullivan wouldn't have to change his court calendar to allow him to attend commission meetings. Anybody who doesn't know what's wrong at 2200 N. Seminary Ave., Woodstock, just hasn't been in court.
For starters ...
Just over a week ago, a four-year-old case against a woman was dropped by the State's Attorney's office, just before her trial was to start. How many court dates had there been in that case (Case No. 08CF000928)? I think I counted 62. SIXTY-TWO court dates! Why did Judge Prather tolerate 62 court dates and then allow the State's Attorney's office to say it didn't have any evidence?
On June 15, 2012, Judge Prather allowed Assistant State’s Attorney Michael Combs, chief of
the criminal division, to drop the single count against Hoeft.
The Northwest Herald reported, “'I don’t think there’s any evidence to prove it,' Combs said. 'In a perfect world, that case never would have been charged.'”
No evidence? After four years of prosecution?
Hello, Judge Sullivan? Is it time for Judge Prather and you to pay a visit to the State's Attorney's office? No State Commission is needed to figure out what's wrong with that case. Did the defendant refuse to bargain and force the case to trial? And then, at the 11th hour, the SAO wormed out of it by deciding not to process (
nolle prosequi) the charge further?
Unfortunately, the folks at Michling Hofmann Plaza & Wick, the defense attorneys, probably won't make too big a stink about it, because they will (rightfully) be concerned about appearances in future cases before Judge Prather and other judges.
Years ago I heard a man say, "If you don't know what your rights are, you don't have any." This is as true today as it was then.
Regarding the Self-Help Center at the government center, it's a nice place, if you like nice people. But they should just have little cards printed that read, "We can't give legal advice" and save their breath 100 times a day, when people come in for help. They
could help more, but they are not allowed to help more. Yes, they aren't lawyers; I know that.
But what could be wrong about informing visitors that they can file Motions without a lawyer. And where the Motion forms are available. And that a Notice of Motion has to be mailed or delivered to (list of people). And handling out a sheet of instructions for doing that. And that fees might charged for filing cases. And that, if you can't afford the fees, you can ask the Court to waive the fees. And how you go about doing that. And what you'll need to know about appearing in court.
"We don't give legal advice. Get a lawyer." Can't afford one? Too bad.
And as far as getting help from Prairie State Legal Service? Good luck even being able to get through. Last week a man told me they no longer have an office in Woodstock. Is that true? Go to www.pslegal.org and/or call (800) 942-3940. They used to be on Russel Court. On the website now, an office is listed at 5320 West Elm St. (Route 120), McHenry. Prairie State used to have (and may still have) walk-in hours on Tuesday mornings; otherwise, call the toll-free number for information and, if you qualify for their services, to schedule an appointment. Prairie State Legal Service does not handle criminal cases.
The "low-hanging fruit" (majority of problems at the Circuit Court in Woodstock) could be handled with orders from Judge Sullivan. I wonder if telling judges and lawyers to speak up in the courtroom is on his list.