By Elizabeth Monkus, Kaitlyn Filip, Jennifer Won Young Lee, and Hanna Sharif-Kazemi
Since early 2020, Chicago Appleseed Center for Fair Courts and the Chicago Council of Lawyers have been evaluating the Domestic Violence Division of the Circuit Court of Cook County, with a specific focus on the Domestic Violence Courthouse at 555 West Harrison in Chicago. Today, we release our findings in our report, “Slipping through the Cracks” – An Evaluation of Cook County’s Domestic Violence Division in Chicago. The consolidated Domestic Violence Courthouse opened in 2005 at 555 West Harrison in Chicago, in response to growing concerns about crowding, case processing times, and safety concerns with the conditions in the existing court buildings at 1340 South Michigan (for criminal proceedings) and at 28 North Clark Street (for civil proceedings). The consolidated courthouse hears all Orders of Protection cases, both criminal and civil, and was structured to create secure waiting areas with the intent of keeping petitioners and respondents away from each other in the courthouse. In addition to safety goals, the courthouse was intended to improve case efficiency. In 2010, the Circuit Court of Cook County established the Domestic Violence Division to further these goals. Beyond a task force study of the DV Court in 2008 and another more limited study in 2021, both convened by Chief Judge Evans, there has been no comprehensive study of the efficacy of the courthouse. Our report seeks to remedy this.
Background & History
When the Courthouse opened in 2005, there were around 50 dedicated domestic violence courts in the country. By 2010, there were over 200. This growth in domestic violence courts offers an opportunity to examine the successes and failures of Cook County’s courthouse while discovering alternatives to the processes which may improve its functionality. The courts are increasingly called upon to fill in gaps for diminishing social safety resources. This is especially evident in family courts, like those hearing domestic violence issues, and has profound implications for understanding systemic bias. Just as society’s conception of domestic violence has shifted over 50 years, so has our understanding of how poverty and marginalized identities are criminalized and otherwise punished by systems of power. It is incumbent on courts to examine if and how practices support biased systems and seek correction to those practices. In February 2020, Chicago Appleseed Center for Fair Courts was invited by a group of advocates and attorneys working in the Domestic Violence Division to join them in designing and implementing a court-watching project, given rising concerns over management and culture in the Division. Our goal in doing so was to improve not only access to courts, but the quality and function of justice within those courts. For this study, Chicago Appleseed and the Council conducted interviews with more than 35 attorneys, non-attorney advocates, community service providers, court staff, and judges between July 2020 and March 2022. These interviewees provided information about their direct experiences in the Domestic Violence Division—in both the branch courts and the Chicago courthouse—as well as about their general experiences serving the needs of both survivors, their families, and perpetrators of harm. Likewise, Chicago Appleseed’s court-watching program deployed volunteers to observe 188 domestic violence cases in the Circuit Court of Cook County February and March of 2022. This qualitative information, along with background research into jurisdictional differences and best practices, provided information for our analysis. Nonetheless, we ran into several limitations in our research, including an inability to access quantitative data on the courts, which meant we could not fully understand things like sociodemographic information of litigants or length/outcome of cases, as well as issues connecting with litigants to interview about their direct experiences in the courthouse. Our findings and recommendations, therefore, are based in the analysis of interviews and observations with reference to background research.
Summary of Findings & Recommendations
Our findings stress that the courthouse is critical infrastructure and the Division is structured in an appropriate manner, but identify four major deficiencies:
Systemic racism and sexism, which is evident in the structures and procedures of the Domestic Violence Courthouse;
A general disconnect between judges and court staff and the needs of litigants, which is exacerbated by technology and training issues and limited operational capacity;
Judicial culture and bias, lack of trauma-informed practice, and the need for training, which severely impacts quality of justice; and
Issues with the Clerk of the Court’s Office, which are consistent and pervasive, creating barriers to access for both litigants and attorneys.
Broadly, it appears that the Domestic Violence Division is under-resourced to address these needs and (at least until recently) there has been a cycle of neglect regarding community concerns about the court, which exacerbated these barriers to justice.
Chicago: Chicago Appleseed Center for Fair Courts and the Chicago Council of Lawyers., 2022. 91p.