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Record #: R2015-975   
Type: Resolution Status: Failed to Pass
Intro date: 12/9/2015 Current Controlling Legislative Body: Joint Committee: Human Relations; Public Safety
Final action:
Title: Call for appointment of special prosecutor to represent Cook County in case against Jason Van Dyke regarding shooting death of Laquan McDonald
Sponsors: Waguespack, Scott, Sadlowski Garza, Susan, Moore, David H., Foulkes, Toni, Santiago, Milagros, Arena, John, Hairston, Leslie A., Sawyer, Roderick T., Ramirez-Rosa, Carlos, Taliaferro, Chris, Munoz, Ricardo
Topic: CITY COUNCIL - Miscellaneous
Attachments: 1. R2015-975.pdf
Related files: R2019-362
Committee on Committees, Rules and Ethics
December 9,2015 City Council Meeting


WHEREAS, The Cook County State's Attorney Anita Alvarez has a legal duty to represent the -residents of Cook County in any actions falling within the purview of ILCS 55 3/9005; and

WHEREAS, The legal obligations of State's Attorneys defined by 55 ILCS 5/3-9005 (a)(1) clearly states that, "[t]he duty of each State's attorney shall be...[t]o commence and prosecute all actions, suits, indictments and prosecutions, civil and criminal, in the circuit court for his county, in which the people ofthe State or county may be concerned;" and

WHEREAS, State's Attorney Anita Alvarez's failure to launch adequate investigations into potential criminal liability of officers of the Chicago Police Department is a breach of legal obligation to the residents of Cook County; and

WHEREAS, State's Attorney Alvarez's failure to bring timely charges against Jason VanDyke may constitute a breach of duty to the residents of Chicago; and

WHEREAS, the Department of Justice has undertaken an investigation into the policies and practices of the Chicago Police Department that may uncover violations of state and federal law; and

WHEREAS, the events surrounding the shooting death of LaQuan McDonald are included in said investigation, and it would follow that the State's Attorney's actions regarding evidence against Jason VanDyke should fall within the scrutiny of the Justice Department; and

WHEREAS, such an investigation into the Cook County State's Attorney makes Alvarez an interested party under 55 ILCS 5/3-9008(a) and under Rules 1.7 and 1.9 ofthe Illinois Rules of Professional Conduct (IRPC), and

WHEREAS, due to State's Attorney Alvarez's role as Supervisor to all attorneys employed by the office, neither State's Attorney Alvarez nor any other member of the Office of the State's Attorney can properly represent Cook County in its actions against Jason VanDyke or any other actions that may arise from...

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