New Directions for the Office of the Clerk of the Cook County Circuit Court: Recommendations for Planning and Transitioning to New Leadership

Collaboration for Justice

Written by Sarah Bloomquist, Undergraduate Intern (Summer 2020)

Today, Chicago Council of Lawyers, Chicago Appleseed, and the Civic Federation release our joint report, New Directions for the Office of the Clerk of the Cook County Circuit Court: Recommendations for Planning and Transitioning to New Leadership.

The Circuit Court of Cook County is the largest of the 24 judicial circuits in Illinois and the second largest unified court system in the United States. The Circuit Court Clerk is responsible for the most important administrative functions in the Circuit Court, including: maintaining case files and dockets; supporting judges in their courtrooms; processing payment of court costs, fines, and fees; providing information to self-represented litigants and the public on navigating the court system; publishing standard forms for the use of attorneys and litigants; maintaining data on court operations, case filings, case outcomes, and costs; and managing a staff of over 1,400 employees spread across several dozen courthouses, records units, and other facilities in Cook County.

For the past two decades, the office has reportedly lagged in technology, customer service, efficiency, and transparency, among other shortcomings – which have had severe and far-reaching consequences for court-involved people. The COVID-19 pandemic has further demonstrated the the Clerk’s Office’s inability to respond to the public’s needs in a timely fashion, ultimately failing to retool for remote court hearings and serve the public.

For the first time in 20 years, a new Clerk of the Circuit Court of Cook County is scheduled to take office on December 1, 2020, after the election on November 3. Illinois Senator Iris Martinez won the Democratic Primary in March 2020 and Republican Dr. Barbara Bellar also is running. This change in leadership presents an opportunity for reform, modernization, and improved transparency in the Cook County Court Clerk’s Office.

In the months leading up to the March 2020 Illinois Primary election, the Democratic candidates for Clerk of the Circuit Court of Cook County made numerous suggestions for improvement of the Clerk’s Office in interviews and candidate forums, including one hosted by Chicago Appleseed, the Chicago Council of Lawyers, and the American Constitution Society (Chicago) in January 2020. 

Based on comments at several public forums, best practice research, and feedback from people involved in court activities, Chicago Appleseed, the Chicago Council of Lawyers, and the Civic Federation offer the next Clerk of the Circuit Court of Cook County the following joint recommendations, detailed in the comprehensive full report, as she prepares to take office.

FIRST 30 DAYS:

  • Initiate an office-wide financial audit, including a desk audit to review staffing levels, office functions, and needed efficiencies.
  • Draft an updated mission statement that reimagines the Office’s purpose as public-facing, fundamentally community-oriented, transparent, and accountable.
  • Initiate searches to hire a FOIA Officer, Chief Accessibility Officer, and Chief Public Service Officer.
  • Establish an evidence-based remote operations plan to ensure equity and continuity in the event of further COVID-19-related or other emergency courthouse closures.

FIRST 180 DAYS:

  • Comprehensively review and audit technology systems, including e-filing and case management systems.
  • Undertake a comprehensive financial audit and review of Special Purpose Funds.
  • Review and revise performance metrics for the office.
  • Create an Office of Data Management to enhance transparency and availability of data concerning court performance, Clerk’s Office operations, and financial management.
  • Comply fully with the Shakman Consent Decree conditions to eliminate patronage-based employment decisions.
  • Negotiate a new collective bargaining agreement with Clerk’s Office staff.
  • Assist the Office of the Chief Judge in enhancing capacity to hold remote court hearings.
  • Establish stronger, effective, and impartial Inspector General oversight by referring all complaints to the Cook County Office of the Independent Inspector General (OIIG).

FIRST YEAR:

  • Release a comprehensive, data-rich Annual Report regarding Clerk’s Office operations and collection and disbursement of funds.
  • Support and assist in installing a court recording system in every courtroom in Cook County and provide public access to digital recordings.
  • Reorganize the office, its priorities, and its staffing levels in various divisions as recommended by the office-wide audit.
  • Advocate for a change in Illinois Statute to make the Clerk of the Circuit Court of Cook County subject to FOIA, and in the meantime, operate voluntarily under FOIA.

This is an ambitious timeline, but we hope that by publishing this report well ahead of her inauguration on December 1, 2020, the incoming Clerk will have ample time to begin planning for the changes that will be necessary to refocus the office’s priorities and achieve operational efficiencies.

Find our full report here, a summary of our recommendations here, and one-page information sheets below:

Special thank you to Alexandra Block, Kathryn Bocanegra, Thomas Geraghty, Janice Goldberg, Lisa Jacobs, Annie McGowan, Samira Nazem, Matt Topic, and Sarah Wolff for their hard work on this report.