Chief Judge Tim Evans: “Reforming the Cook County Circuit Court”

Lately, our headlines and soundbites have amplified the crime, budget crisis, social disparities and a broken criminal system that has been pushed on center stage fueled by police misconduct. As another life is taken by the hands of a senseless homicide or at the scrutiny of political misappropriation is under the spotlight—our legal system is often at the center of defining the final outcome. It is at the scales of justice that thousands await their fate when they find themselves inside the third largest courts in the country and the largest in the Midwest.

The Cook County courts is as intricate as understanding Chinese checkers if you’re not very familiar with its process. The average resident has had some type of minor introduction through an appearance in traffic court and as our laws have gradually changed—more have had the discomfort of dealing with far more familiarity through child support, divorce and drug addiction courts.

With various measures in place to assist those who find the court system intimidating at times yet reassuring when needed—Chief Judge Tim C. Evans is hoping to bring more transparency and education to this process. As the presiding Chief Judge of over 400 judges in the Cook County Circuit Court, he has the heavy responsibility of maintaining order throughout the judicial system. As the first African American Chief Judge of the Cook County Circuit Court, Judge Evans has deep political roots as the former Alderman of the 4th Ward for almost 20 years and the late Mayor Harold Washington’s floor leader and Chicago City Council Finance Chair during his administration. His electoral run to fill Washington’s seat after his death was defeated by Eugene Sawyer and later lost during a special election against Richard M. Daley, running as an independent candidate. In 1991, his reign as 4th Ward Alderman ended as Toni Preckwinkle won the city council seat.

Never one to back down—a year later, the John Marshall Law graduate was sworn in as the first Black Chief Judicial officer in a court system that has been criticized with a long history of non-transparency before his takeover. Evans understands the distrust and misinformation that people feel about the court system—primarily people of color. He said, “They don't know that we protect their constitutional rights. All of the rights that they cherish, are protected by the court system. Free speech, practice of religion--all of those things they studied back in high school or college--we actually protect. In conjunction with the latest round of considerations involving police brutality or crimes in our neighborhood, so-called 'black on black' crimes our court system ultimately deals with all of that as well.”

The Cook County Circuit Court’s Central bond court is located at 26th and California where close to 10,000 jail inmates are also housed. Approximately 89 percent inmates are African-American and Hispanic detainees either waiting on bond, unable to make bond for non-violent crimes, mentally disabled, awaiting trial or somehow in transition. Having the courts to deal with the most recent high profile arraignment of police officer, James Van Dyke in the Laquan McDonald case—many criticized the Judge Vincent Gaughan arraignment hearing. The chilling dashcam revealed the officer shooting the McDonald, 17, twice and another 16 times while he lied unarmed on the ground. “I can point out that this commitment to justice is what happened in this case (Laquan McDonald) in comparing the prosecution and the defense in that case, you may recall that the judiciary ordered that the video be released so that the public can see,” Chief Evans explains. “Some people have gotten the impression that the bond process ought to reflect whether they believe someone is guilty or innocence. That's not the purpose for bond at all. In the past, you can usually correlate the amount of the bond based upon what the sensationalism that might be surrounded on what the charge might've been.”

Although, it was a hard pill for him to see the video. He makes it clear about the role in which the courts play. They are not the prosecution or the defense.

“The bond process is in place to support the proposition that someone is considered innocent, no matter whether they are police officers, whether they're citizens, whether they're immigrants. Whatever the arrestee's position in life happen to be, he or she is still presumed innocent there,” He added. “At the same time that we presumed that they're innocent, we have to protect the public while they're case is pending.”

During the hotly contested Cook County State’s Attorney election, one of the main concern has been the heightened number of Black and Latino inmates in our jail system. Why are high bail bonds put in place for non-violent offenders which leads to those that have misdemeanor charges that force some to lose their jobs while waiting trial? Chief Judge Evans in collaboration with other branches have been working with the Arnold Foundation to bring down these numbers.

“We have a system in place now that is designed to rely on science. Its data driven. It's not a hunch. In the past, someone may have assumed that as arrestee goes before a judge and the prosecution said, 'Judge do not release this particular person. This person has a felony in his background, the defense says, 'Judge this person is perfectly innocent of the current charge and has a great background in the past.' Our judge would ordinarily would be in a position where he has to decide on a split second who to believe.

But now, we have a system in place where no, the judge can rely on an independent person in the court and that independent person is probation officer whose assignment is pretrial assistant.” He said that person can provide objective independent information to the judge and then the judge can be guided by objective criteria--not relying on one-side or the other. The judge then takes in consideration whatever the prosecution said, whatever the defense says and also what the pretrial officer recommends. “We have 36 elements in the Illinois Compile Stature must consider as a statutory matter. The judge uses this new public assessment tool that we are leading the pack on.”

Evans is confident that this new way of analyzing defendants with lessor crimes and those who have abused their freedom with a criminal history will get a fair balance according to this new tool. He said the it has trained other groups that have interaction with the courts--the Clerk's office, the Sheriff's office and certain others branches. “What it does, it relies upon data to project a prediction as to what somebody is likely to do. We are duty bound to make certain that the person that is released into the public is agreeing to return to court on that certain date is given but also to keep the public safe while they're out. Not to commit another crime, while they're out and the case is pending.”

This new implementation is only utilized at the Central Bond courts at 26th and California and over time it will be used at other Circuit Courts such as Second District in Skokie, Third District in Rolling Meadows and Fourth, Fifth and Sixth Districts. The training started in January 2015 and ran through June 30, 2015. They program was implemented last July 2015. Both the State's Attorney's office and Public Defenders have had accessed to the new tool at the same time as Circuit Court judges.

The Cook County Circuit Courts and its judges reside over various courts—traffic, child support, domestic abuse, divorce, prostitution, drug addiction, child custody and one of the most disconcerting—juvenile court.

Chief Judge Evans recently appointed the new Executive Director of the Cook County Juvenile Temporary Detention Center (CCJTDC), Leonard Dixon. Dixon, accepted the position with a history of turning around previous correctional programs in for Wayne County Juvenile Detention Facility. The CCJTDC has fell under past criticism for managing an environment that bred bad and dangerous conditions for its young inmates. In the most recent years, the improvements to the facility that houses 291 juvenile detainees have been under the watchful eye of Chief Judge Evans as he interacts more them. “Cook County was the first in the nation to separate juveniles from adults. We recognize within the system that juveniles are still in a development process. They're not irretrievable, they are ‘sensation seeking’--without the maturity to control the sensation. They don't think about the consequences of what they do and they're more geared on the 'now’ so, the delinquency might occur,”

He continues to see the same song played over and over again. With the juvenile courts, the judge takes a more ‘hands-on’ approach when ruling. He said, “We can use that flexibility to keep some of the young people who might otherwise have been prosecuted in an adult court to remain in the juvenile court system. When a judge decides to put an individual in the JTDC, usually that judge had not only had a chance to talk to the juvenile but also we have a clinic procedure.” Often the doctors and medical professionals from Northwestern Hospital are brought in to evaluate young inmates to determine if there are mental health problems and seek the necessary treatment to work through preventive measures that can keep them out of detainment.

The JTDC has 47 programs that are in place to assist detainees that have a chance to continue their high school studies and eventually earn their GED. Unfortunately, the detention center is also a holding facility for those that are awaiting trial date for violent crimes and will eventually be tried as an adult. Evans believes there is hope for the young people who still have a chance to turn their lives around and during their time at JTDC, they train young people how to paint and perform culinary skills to enter the workforce once they are released.

“We also teach them about how to deal with the gang situation that are in the neighborhoods. We teach them how to resolve their issues without resorting to a physical way of dealing with it. I know if mother and dad had been home, maybe mother and dad would've taught them these ways but we can't depend on that. Many times, the parents are involved in a drug situation themselves,” Evans recognizes there is a disproportionate amount of Black and Brown youth in the juvenile and adult correctional system and part of curtailing this high number is adequately equipping judges with the right sensitivity training and resources.

“Unfortunately, we've not eliminated race from considerations in the system of justice. We train our judges in the decisions that you make. We don't want them to pretend that they have no biases. We assume that everyone has some kind of bias. You recognize, whatever bias you may have and you take an oath to set that aside when you make a decision. We want to see that permeate throughout the system.

He doesn’t turn a blind eye to why this continues to be a problem—long before he entered this seat. “Right now, there are many theories of why there is more African Americans arrested than other groups. Some might say, they're being arrested for access to drugs. It's conceded by societies that have looked at this, that African Americans are no more engaged in drug conduct than anybody else. Nevertheless, they are arrested more than other people.”

A native of Hot Springs, Arkansas, Evans arrived in Chicago with his family at the end of the Great Migration. His parents thought it was the best decision to relocate because of then-Governor, Orval Faubus’s stance on integrating Little Rock’s public schools.

After the historic Little Rock Central High School integration, he forced schools to close in Little Rock, shifting students to attend school in Evan’s hometown—the governor proceeded to close schools there as well. He finished out his remaining school years at Chicago’s Hirsch High School where he went on to attend Illinois State University in Champagne, Illinois. He never looked back, being inspired by great Black attorneys such as Supreme Court Justice, Thurgood Marshall and fellow Arkansas native, Glen T. Johnson—former President of the Cook County Bar Association.

“Those were the people who were mentors for me. They took the time to say, ‘Black people can do it--all you need is an opportunity’--they opened the doors of opportunity for me. Now, that I'm in this position. I can open the doors of opportunities for others. Yes, from the African American community but for any community that feels oppressed, I can open that door and let them see how the justice system works.”

Originally published in The Chicago Defender | February 2016