Eileen O'Neill Burke - Cook County State's Attorney Candidate Questionnaire

Illinois and nationwide, Black and Latinx people are more likely to be incarcerated than white people. This disparity is identified as a significant driver in mass incarceration and results from over policing of people of color, who are more likely to be charged with more serious crimes, more likely to be pressured to plea and more likely to be sentenced to time in prison. The starting point for disparity begins with unnecessary interactions with law enforcement, that include the intensive use of surveillance tools in communities of color and higher rates of traffic and pedestrian stops for Black and Latinx people. 

1. Do you believe that people of color in Illinois and Cook County are disproportionately incarcerated? What role, if any, do you believe that the State’s Attorney plays in the disproportionate incarceration of people of color? What specific steps will you/your office take to reduce the disproportionate incarceration of people of color in your first term?
   
   BURKE: Yes. As a former defense attorney, judge, and prosecutor, I have seen this disparity firsthand and recognize that systemic bias and poorly thought out policies fashioned over decades created this disparity. One of the reasons I am passionate about revamping the structure of the State’s Attorney’s office, embedding a robust training curriculum, and making sure the SAO partners are working in sync with our efforts is because I believe our criminal justice system isn’t working right now. If it isn’t working and people don’t have faith in it, then it can’t protect them as well as possible.

   The passage of the SAFE-T Act exemplifies a significant step towards reforming our laws to prioritize fair outcomes over systemic biases. Prior to the enactment of this legislation, individuals, primarily from marginalized communities, were unjustly held in pre-trial detention due to their economic status. The SAFE-T Act now ensures a more equitable system, where individuals are assessed based on their risk to the community rather than their financial means.

   My approach centers on strategic collaboration, effective prosecution, and a holistic strategy to combat crime in our community. Through these measures, I am steadfast in my commitment to reducing the disproportionate incarceration rates of people of color in Cook County. Moreover, my enduring dedication to amplifying the voices of underrepresented groups and integrating their perspectives into my work underscores my ongoing efforts to address the impacts of systemic discrimination on those most affected.

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2. As State’s Attorney, what policies would you implement to address the other forms of racial bias that permeate our criminal legal system
   
   BURKE: As State’s Attorney, addressing other forms of racial bias within our criminal legal system requires a careful approach focused on transparency, accountability, education, and advocacy. First, I would prioritize increasing transparency throughout the office by implementing measures to collect and publish data that highlight patterns of progress and areas of improvement in addressing racial bias. This transparency ensures accountability and allows for ongoing evaluation of our efforts. Second, I would create mandatory training programs for all employees at the State's Attorney's office aimed at raising awareness of various forms of racial bias and providing strategies to mitigate them. These programs would encompass cultural competency training, implicit bias recognition, and strategies for promoting equitable outcomes in our work. While I cannot directly create legislation, I am committed to supporting initiatives that aim to reduce racial bias and discrimination throughout the State's Attorney's office and beyond. By implementing these goals, I am dedicated to fostering a more equitable and just criminal legal system that respects the rights and dignity of all individuals, regardless of race or ethnicity.

In the wake of the murder of George Floyd, voters regularly point to the need for additional accountability for police as a step to improving police and community relations and enhancing community safety.  Advocates, community groups and some observers believe that the office of State’s Attorney does little to advance police accountability owing to the close working relationship that exists between police and prosecutors.  

1. As State’s Attorney, would you support the requirement for independent investigations not only in cases where a police officer kills a civilian, but also in cases where a police officer seriously injures a civilian, or stands accused of serious behavior outside their authority/scope of their duties including misconduct, repeated or excessive use of force or activity that violates the civil rights of civilians? Do you support the appointment of a special prosecutor for any case in which there may be a referral for possible prosecution?
   
   BURKE: As State’s Attorney, I am committed to safeguarding the integrity of our legal system and ensuring accountability for all, including law enforcement personnel. It is clear that the participation of law enforcement officers is pivotal in the prosecution process, and their credibility is essential in achieving justice for victims. However, when officers engage in misconduct or violate the law, it undermines our ability to prosecute effectively and damages public confidence in the justice system. Therefore, I fully endorse implementing measures to address and prevent misconduct among law enforcement officers. This includes supporting the necessity for independent investigations not only in cases where a police officer causes the death of a civilian, but also in instances where serious injury occurs or when officers are accused of behavior beyond the scope of their duties. Instances of misconduct, repeated or excessive use of force, or any violations of civilian civil rights must be thoroughly examined to ensure accountability and maintain public trust.

   Additionally, I advocate for the appointment of a special prosecutor for any case involving potential prosecution of law enforcement officers. This ensures impartiality and helps avoid conflicts of interest, thereby enabling a fair and unbiased assessment of each case. Ultimately, my foremost goal as State’s Attorney is to uphold the core principles of justice, fairness, and accountability. By implementing robust measures to address law enforcement misconduct and ensuring independent oversight in cases requiring potential prosecution, we can work towards a legal system that is transparent, accountable, and equitable for all.

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2. What additional steps will you take as State’s Attorney to enhance police accountability and build much-needed trust between the police and the public they serve?
   
   BURKE: There absolutely has to be a solid working relationship between the State’s Attorney's office and the police. The police are the main, if not the sole witness, in each and every criminal prosecution. They are responsible for gathering all of the evidence, witnesses, and statements which form a prosecution.  Establishing a robust and trustworthy partnership between the State’s Attorney’s office and the police is crucial for public safety and justice. I recognize the hard and dangerous work of law enforcement. I see room for mass improvement in our collaborative efforts.

   For example, I fully support regular meetings and training sessions so that both the officers and the state’s attorneys are well-versed in the law and in courtroom proceedings. No one should go into a court of law not knowing what the law is or how the proceedings will transpire. Additionally, implementing community policing strategies, where prosecutors and officers collaborate closely with communities, will build trust and enhance the effectiveness of the criminal justice system. Strengthening these connections is crucial for promoting accountability, fairness, and ensuring a safer and more just society.

Criminal penalties, especially fines, often fall disproportionately and harshly on members of the community of low economic means. Policies of the State’s Attorney can alleviate or aggravate this reality. 

1. Would you consider the adoption of policies that de-prioritize the prosecution of offenses like shoplifting and trespassing which are often associated with poverty and stigmatize people experiencing poverty as well as those experiencing mental health issues and substance use disorder?
   
   BURKE: I want to establish a Restorative Justice Bureau where specialized courts, dispersed throughout the judicial system, cater to non-violent offenders and are specifically designed to address the unique circumstances presented by individuals such as juveniles, veterans, those struggling with mental illness, or battling substance abuse. The primary objective is to tackle the underlying issues driving criminal behavior rather than resorting to detention. These courts collaborate closely with various social service agencies to provide individuals with the necessary support and assistance. Remarkably, they have shown significant success, evidenced by notably lower rates of recidivism among participants.

Data demonstrates that early involvement with the criminal legal system is the best predictor for future arrest, prosecution and incarceration. The decisions made by the State’s Attorney around juvenile matters will have a lasting impact on the lives and livelihoods of young people.

1. What policies will you advance to address the needs of youth who are disproportionately impacted by the criminal legal system – especially youth who are Black, Latinx and experiencing poverty? What policies will you adopt and/or continue to prioritize to address the harms created by the school-to-prison pipeline?
   
   BURKE: To mitigate the disproportionate impact on youth, particularly those from Black, Latinx, and economically disadvantaged backgrounds, I will advocate for reforms within the juvenile justice system. With limitations on youth incarceration outlined in the Juvenile Court Act, we must prioritize alternative approaches for rehabilitation. My proposal involves leveraging a diverse array of resources to support vulnerable youth. Emphasizing avenues such as vocational training, apprenticeships, educational enrichment, and community engagement, we can provide pathways for rehabilitation and decrease the likelihood of repeat offenses. Additionally, I am committed to addressing the root causes of the school-to-prison pipeline by tackling biases in disciplinary practices and bolstering support systems for marginalized students. These initiatives are integral to fostering an environment that is fair, inclusive, and conducive to the well-being of our youth, ultimately steering them away from cycles of criminalization.

While Illinois has protected access to reproductive health care and gender-affirming care in our state, policy makers and prosecutors in other states are seeking to extend their bans on this fundamental health care to Illinois. 

1. As State’s Attorney, will you commit to policies that ensure that no one should have to face criminal investigation or charge in another state when seeking lawful health care in Illinois, especially abortion care and gender-affirming care? 
   
   BURKE: Devoted to preserving the right to privacy and reproductive autonomy, my focus is on fostering a culture that respects personal decisions and individual freedom. I am a staunch advocate for the right to make choices regarding one's own body and firmly support a pro-choice position. Leveraging my experience as a lawyer and former judge, I have diligently upheld legal frameworks aimed at safeguarding individual privacy. As State’s Attorney, I remain committed to advancing these laws and reinforcing the protection of these essential rights.
   
   This is also my motivation in proposing a Choice Protection Unit housed within the State’s Attorney’s office to handle the dark side of this issue. Insidious actors coming from outside the state to stop women from exercising their rights to make choices about their own bodies, free from the interference of government or others determined to stop them. Clinics across Illinois have received threats and endorsed violence. I will stand strongly against such efforts.

1. How would you plan to engage the community as State’s Attorney, including community-based organizations, criminal legal system and policing reform advocates, and other neighborhood-based groups as part of determining priorities and setting policies for your office?
   
   BURKE: I believe in the power of community partnerships, particularly with organizations dedicated to addressing gender-based violence. As State’s Attorney, I am committed to leveraging their expertise to tackle critical issues and provide robust support for survivors navigating the criminal justice system. I will also prioritize creating avenues for open dialogue. Additionally, we will establish structured feedback mechanisms to continually gather insights and recommendations from advocates, enabling us to address emerging issues promptly and effectively. By fostering a culture of collaboration and transparency, we aim to strengthen our collective efforts in combating gender-based violence and ensuring that survivors receive the support and justice they rightfully deserve.

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2. The State’s Attorneys Association holds great sway in Springfield in the debate and adoption of policies related to the criminal legal system.  How would you attempt to influence the association’s agenda in a direction that advances civil liberties and civil rights, especially for the communities in your jurisdiction that are disproportionately harmed by regressive policies that gain traction in the legislature? 
   
   BURKE: First, I would stress the importance of basing decisions on data, providing compelling evidence highlighting the adverse effects of current policies on marginalized communities in our jurisdiction. By presenting thorough data and statistics, we can highlight the urgent need for reform and garner support for initiatives promoting justice and equality. Additionally, I would actively collaborate with like-minded colleagues within the association, advocating for policies prioritizing the protection of civil liberties and addressing systemic disparities in the criminal legal system. Through ongoing advocacy, grounded in empirical evidence and a dedication to social justice, I aim to steer the association's agenda toward advancing policies that uphold civil rights and ensure fairness for all.

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3. Will you actively collaborate with legislators and advocates in Springfield to engage in debate about policies that impact the criminal legal system independent of the State’s Attorney’s Association? What are examples of priority legislation that you would support and oppose?
   
   BURKE: Though I am not involved in the legislative process, I will happily support advocates and organizations that aim to positively change the criminal legal system. Legislation that I prioritize supporting involves broadening access to mental health and substance abuse treatment options. That said, I would stand against bills that restrict civil liberties and perpetuate racial injustices.

Would you support or oppose the following: