The following remarks were delivered by Chief Justice Anne M. Burke at the ISBA Bench and Bar Section & ILC Commission on Professionalism CLE Presentation on March 8, 2022.

For more than two years now, the court system, stakeholders, and the many people who work in and around the courts, have been affected, like everything else, by the Covid pandemic. The pandemic has proven itself to be the ultimate disruptor in every facet of society, including how the courts operate and dispense justice.

The pandemic has prompted a re-examination of how the court system operates and as a result our judicial system has made many lasting and positive advances over the last two years. That is why, in many ways, the pandemic has been—at least for our court system—the challenge we needed.

Fortunately, we have continued to enjoy an atmosphere of communication and collaboration, which has permitted us to maintain that momentum to make further improvements. With the introduction of technology and media platforms, we no longer view “justice” as a place, but as a service. This means that –whether it is a pandemic or a weather-related event that has the potential to disrupt court services—we will be able to ensure that our Illinois courts will remain accessible to court users.

I would like to tell you about some programs and initiatives that have recently been initiated in our Illinois circuit courts. One such program is the Illinois Supreme Court’s Technology Modernization Program. Through this program, circuit court Chief Judges and administrators are working with the Administrative Office of the Illinois Courts (AOIC), to identify the courts’ technology needs and to assist them in obtaining funding for necessary upgrades. These upgrades to technology will keep the courts operational, even if a physical location is not accessible due to a pandemic, snowstorm, or other event beyond the courts’ control. These upgrades will also improve the overall efficiency of court operations. In many cases, technological upgrades are long overdue. However, funding resources at the county level were not previously available. Now, the Illinois Supreme Court has offered grants to those circuits.

Another recent development in the circuit courts is a weighted caseload study for circuit court judges. The goal of this study is to collect data from judges about their time spent on their judicial activities. The information gathered from the judges’ daily input logs will provide empirical data to be used for decisions about the allocation of judicial resources. For example, the data will provide information on the number of hearings that are held remotely, in person, or a combination of both. The study will also reflect the proportion of case work that is conducted outside the courtroom. This is an important part of a judge’s workload that is not currently quantified. This data may be used to request additional judges where needed, or to assist chief judges and trial court administrators in determining the proper allocation of resources within a county or circuit.

In January 2021, the Illinois Supreme Court announced the creation of another new statewide program to provide meaningful services and assistance to court patrons, lawyers, and the public.Officially launched on May 17, 2021, Illinois Court Help is a free hotline number [(833) 411-1121] that court users, in particular self-represented litigants, can call or text to be directed to local legal aid and community resources in every Illinois county. Since its initial launch, Illinois Court Help has received over 9000 requests from over 5500 court users in 98 of Illinois’ 102 counties. Twenty-five percent (25 percent) of those requests have involved help with e-filing. By embracing a digital-first approach, Illinois Court Help is rapidly improving accessibility to court forms, processes, and information for over two million court users across the state. It is the first personalized court information service offered by the Illinois Courts, making the courts and information more comprehensible, approachable and user-friendly. 

In March 2021, the Illinois Supreme Court issued new rules permitting remote hearings in adult criminal cases upon waiver by the defendant. In April 2021, a new Jury Orientation Video was produced, ensuring that all courts across the State will be uniformly providing information on fulfilling jury duty responsibilities.
By implementing new ideas and utilizing new technologies to conduct remote hearings and other court proceedings, we have revolutionized the way that justice is dispensed in Illinois, providing our citizens greater access—safely and efficiently.  Electronic and on-line platforms are now a valuable tool for our legal system. We envision that their use will continue to expand going forward.

Another way we are seeking to ensure greater access to justice is the new Illinois Supreme Court Policy on Portable Electronic Devices in state courthouses. The court adopted this policy in January of 2022, with input from the Illinois Supreme Court Commission on Access to Justice and the Conference of Chief Judges. The new policy requires every state courthouse in Illinois to adopt a local rule or order addressing the use of portable devices in courthouse buildings and courtrooms.

We understand that portable electronic devices—such as smart phones and tablets—are essential tools in today’s society and are often necessary for court users, particularly self-represented litigants, to access resources, conduct court business, and present evidence or arguments in their cases.  The Court’s approval of the statewide policy on portable electronic devices will increase court users’ access to essential information and lead to equal treatment for all members of the public who enter our courthouses.

As we continue to transition to new systems and technologies, the Court has embarked upon yet another initiative which will enable our courts across the State to provide fairer and more equitable access to justice—the newly created Office of Statewide Pretrial Services (OSPS) for adult criminal proceedings.
Presently, pretrial services in our state’s court system are governed by the Pretrial Services Act that went into effect on July 1, 1987 (725 ILCS 185). Section 1 of that statute provides: “Each circuit court shall establish a pretrial services agency to provide the court with accurate background data regarding the pretrial release of persons charged with felonies and effective supervision of compliance with the terms and conditions imposed on release.”  Although this Act has been in place for 34 years, the majority of counties in Illinois had limited or no established pretrial services. This was generally due to the fact that the courts served rural populations and the counties simply did not have sufficient resources to comply with the Act.

Recognizing the need for comprehensive and equitable pretrial services throughout the state, the Court established the Illinois Supreme Court Commission on Pretrial Practices in 2017. In April of 2020, the Commission released its Final Report, concluding that despite nearly 60 years of attempted Pretrial reform, the state still lacked an adequate framework to allow for effective evidence-based pretrial decision-making and least restrictive pretrial supervision. The need to develop statewide pretrial services became even more urgent last year when, on January 22, 2021, the General Assembly enacted, and Governor Pritzker signed into law, the Illinois Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act, which made important changes to the Pretrial Services Act.

When the SAFE-T Act, and its Pretrial Services Act component, take effect on January 1, 2023, Illinois will become the first state in the nation to eliminate cash bail and go to an “in or out system.” To ensure that the mandates of this new legislation are achieved by January 1, 2023, the Illinois Supreme Court recognized that it was imperative for Illinois to have a statewide legal- and evidence-based pretrial system in place to fully support law enforcement, the judiciary and other system stakeholders in making appropriate and informed pretrial release decisions and supervising defendants released into the community safely. As a result, in August 2021, the Illinois Supreme Court created the Office of Statewide Pretrial Services (OSPS). Having a centralized entity oversee the provision of pretrial services is not only critical to the success of the program, but it will also ease the burden on counties facing unfunded mandates and the decreased revenue due to elimination of cash bail.
The transition of pretrial services to a statewide office is taking place in three phases. One of the first tasks of the OSPS was to identify which counties were most in need of pretrial services.  OSPS Director Cara LeFevour Smith worked with the Chief Circuit Judges to identify the counties without pretrial services and any others who wished to be included in Phase 1. At present, OSPS is working with 63 of Illinois’ 102 counties to have in place a comprehensive pretrial services program by January 1, 2023. Phase 1 will encompass 15 judicial circuits, 30,932 square miles, and include a population of 1,607,868 Illinois residents. During 2019, there were 33,093 criminal case filings in these 63 counties. During 2023, it is estimated that OSPS will prepare approximately 28,000 bond reports and risk assessments and supervise approximately 18,000 defendants.

In Phase II the OSPS will work with counties that currently have only limited pretrial services. These Phase II counties will join the statewide pretrial services system by January 1, 2024. The remaining counties—those which already have established pretrial services—will make up Phase III and will join the statewide system by January 1, 2025.

My colleagues on the Illinois Supreme Court and I, along with OSPS, are committed to supporting every county in Illinois to ensure the successful implementation of the Pretrial Services Act through reimbursements; through ongoing and comprehensive training in each of the Phases; and by maintaining an open dialogue with all Illinois circuit courts and court system stakeholders to ensure the safety of the public.

I would like to highlight one issue that soon became apparent when OSPS began its work— the lack of public defender services. You may be surprised to learn that, even though we have a Pretrial Services Act that was enacted 35 years ago, not every county in this State has a dedicated Public Defender’s Office. Nor is there any statewide oversight structure in place to ensure that each county’s system for the defense of indigents has enough attorneys with the necessary time, training, and resources to provide effective assistance of counsel at every critical stage of a defendant’s case. The absence of a Statewide Public Defender system is a significant oversight which we are currently working to correct.

Another important issue which the Illinois Supreme Court is addressing is behavioral health. Behavioral health is a catch-all term that encompasses both mental health and co-occurring substance use disorders. Prior to the COVID-19 pandemic, behavioral health was often referenced as “the” public health challenge of our times.

However, as the pandemic now enters its third year, it has taken a huge toll on Illinoisans’ mental health and exacerbated the need for behavioral health services.Mental health issues are also affecting our court systems. It has recently come to light that approximately 60 percent of local jail inmates struggle or are diagnosed with a mental health disorder. Also, approximately 70 percent of all incarcerated persons have a substance use disorder. These statistics explain why local jails throughout the country are overwhelmed and under-resourced when it comes to treating and managing behavioral health disorders. There is some reason to be optimistic, however.  Increased public recognition of the need for behavioral health treatment is one of the top trends in behavioral health care.

On February 2, 2022, Governor Pritzker delivered his State of the State and Budget Address, which makes provisions for an historic financial investment in behavioral health. Some of the proposed Fiscal Year 2023 Budget Highlights include:

• $140 million to fund Behavioral Health provider rate enhancements,
• $180 million to preserve and expand the healthcare workforce, and
• $70 million to 9-8-8 call centers and crisis response services for mental health issues.

Perhaps the most exciting development in behavioral health is the implementation of the 9-8-8 Hotline. This new three-digit phone number provides direct access to the National Suicide Prevention Lifeline, where trained staff are able to answer calls from individuals at risk for suicide, as well as those experiencing other mental health and substance use related emergencies. The Illinois Department of Health Services, Division of Mental Health, is working hard to make this a reality by July of 2022. Funds allocated to 9-8-8 will help provide resources, such as crisis stabilization centers, crisis beds, and peer respite centers, where individuals in need can obtain mental health evaluation and services outside of jails or hospital emergency departments, which are often the only options currently available to law enforcement.
Another advantage of today’s virtual age is that telephonic interventions and telehealth conferencing are now being used to deliver mental and behavioral health services. This new trend is expected to become part of normal operations for behavioral health organizations just as it is within the court system. Thanks to telepsychiatry, individuals across all populations and socioeconomic status have increased access to care.

Because the justice system is so often involved with persons suffering from behavioral health disorders, the Illinois Supreme Court has an obligation to play a role in leading change. Leading the work on these matters is the Illinois Supreme Court’s first statewide behavioral health administrator, Scott Block, who was hired last September. In this capacity, Scott serves as the Illinois Judicial Branch’s dedicated mental health voice and resource. In addition, he acts as the project director of the Illinois Supreme Court Mental Health Task Force and provides professional guidance on the Illinois Courts’ response to behavioral health issues that intersect with the justice system.

The Mental Health Task Force is currently facilitating regional councils and resource mapping workshops, engaging hundreds of judges and behavioral health stakeholders around the state, in a collective effort to identify and implement new opportunities to divert individuals away from the justice system and into treatment when applicable.

Finally, a discussion on “What is Happening in the Illinois Courts” would be incomplete without mention of the Judicial Districts Act of 2021, the historic legislation that dramatically alters the boundaries of the four judicial districts outside of Cook County. As you probably know, our Illinois Constitution of 1970, provides in Article VI, Section 2:

“The State is divided into five Judicial Districts for the selection of Supreme and Appellate Court Judges. The First Judicial District consists of Cook County. The remainder of the State shall be divided by law into four Judicial Districts of substantially equal population, each of which shall be compact and composed of contiguous counties.”
Over the past 50 years, the redrawing of our judicial districts was discussed from time to time. However, our judicial districts’ boundaries remained the same, despite drastic changes in the population of Illinois—until Public Act 102-0011, otherwise known as the Judicial Districts Act of 2021. It was enacted by the legislature on June 4, 2021, and signed into law by Governor Pritzker the same day. The Act changes the judicial district boundaries in Illinois for the first time since they were established in 1964.

While redistricting was necessary to ensure more equal representation for the citizens of this State, the problem was that the legislature passed the Judicial Districts Act without any notice to, or input from, the Judicial Branch and the Act provided that it was to take effect immediately upon being signed into law. The legislature failed to realize the significant logistical challenges that would be created by the wide-ranging shift in boundaries, nor did it provide any appropriations to defray the cost of implementing these dramatic changes. It is an unfunded mandate.  As a result, the Illinois Supreme Court entered an order on June 7, 2021, pausing the effective date of the legislation until our courts were sufficiently prepared to comply with the legislation’s mandates.

Immediately after entering the pause order, the Illinois Supreme Court created a Judicial Redistricting Task Force to study and report on the impact of the new map and to provide recommendations for moving forward. Because of the efforts of the task force members and other dedicated persons, the Court was able to enter an order on December 8, 2021, lifting the pause order, with the new judicial district boundaries going into effect on January 1, 2022.

A comparison of the “old” and “new” judicial districts reveals the dramatic changes to the boundaries of the four judicial districts outside of Cook County. For example, the 5th Judicial District now stretches from Cairo to Champaign - a distance of close to 250 miles, and the 4th Judicial District now extends from Jerseyville to Rockford - an even further distance of over 275 miles. Although the 24 judicial circuits were left intact, the change moves one-third (8) of our 24 judicial circuits into a new appellate district. The eight judicial circuits that moved to a new appellate district are the 5th, 6th, 9th, 10th, 14th, 15th, 17th, and 18th.

When the Illinois Supreme Court lifted the pause order, it also set out rules for filing a notice of appeal in the new judicial districts. Thus, beginning December 8, 2021, all new notices of appeal were to be filed in the appellate district as defined by the Redistricting Act. Thus, for example, appeals from the 15th Circuit, which had previously been filed in the “old” 2nd Judicial District, would now be filed in the “new” 4th Judicial District. 

As you can see, the past two years for the Illinois courts during the pandemic have been both busy and highly productive. All the work that has been accomplished is due to the steadfast and devoted efforts of the many members of the Illinois Supreme Court’s numerous commissions, committees, and special task forces, and especially, the commitment and hard work of our administrative offices, particularly Director Marcia Meis. The court was also fortunate to have the assistance of our Clerk of the Court, Carolyn Taft Grosboll, who took on the immense job of transitioning our Clerk’s Office from paper to the new digital era. Although Carolyn retired last November, our new clerk of the court, Cynthia Grant, is doing a fantastic job of keeping the wheels of our court system turning smoothly.

Of course, one of the court’s best collaborative partners has always been the ISBA. Many thanks to the ISBA for its constant support, diligence, and leadership in working with the Illinois Supreme Court.