Cook County Juvenile Court in Markham is among nation's busiestOfficials say overwhelming caseload keeps court from protecting victims and helping young offenders not be adult criminalsFriday, August 14, 2009 Chicago Tribune by Kim Janssen It was the second time Antwan had been arrested for car theft in three weeks.
Wearing an unironed shirt and loose tie, the 13-year-old swaggered into
Juvenile Court in Markham. He'd barely squeezed into a scrum of
attorneys, deputies and social workers when Judge Michael Stuttley
froze him.
"You'd better find a new profession -- you ain't too good at stealing
cars," the Cook County judge boomed. The high school freshman grinned.
"All right, next case!" Stuttley shouted as the clerk yelled Antwan's
next court date. And with that, he was shoved out through a waiting
room holding 100 other juveniles, back onto the streets for another
month.
Total court time to deal with the troubled teen: about 20 seconds.
That, typically, is how justice works in 6th District Juvenile Court,
which some believe is the nation's busiest courtroom for children --
busier than the most crowded child courts in Chicago and even Los
Angeles.
More than 2,000 south suburban children accused of robbery, rape, drug
abuse and murder have pending cases before Stuttley, easily twice the
number of cases as at the four other suburban Juvenile Courts in Cook
County combined, and more than are on the docket countywide in DuPage,
Kane, Lake, McHenry or Will Counties.
Even Chicago's busiest Juvenile Court judge hears half as many
cases as Markham, as do the most crowded child courts in Los Angeles,
the nation's child crime capital.
The overwhelming numbers seriously damage the court's ability to
protect victims and intervene in young offenders' lives before they
become hardened career criminals, authorities said.
"We're bursting at the seams," said Stuttley, who along with the
state's attorney and the Juvenile Court's presiding judge, is calling
for more courtrooms to deal with suburban child crime.
Though up to 120 children a day come before Stuttley in a basement
courtroom that is a little larger than a double garage, the judge still
encourages parents to turn in out-of-control kids if they think they're
committing crimes.
"If that's what it's going to take to save these young folk from prison, that's what we have to do," Stuttley said.
If the number of cases is daunting, the details of specific cases are
appalling, even in the outrage-weary world of criminal justice.
A 14-year-old Sauk Village mom who hid her pregnancy, killed her baby
and dumped the body in the trash; a 13-year-old Midlothian girl who
took her stepdad's pistol to school, stole a car and led police on a
wild chase; a 12-year-old Lansing boy nobody wants because he allegedly
raped his little brother, was taken in by his aunt, then also abused
her dog.
Children appearing in Juvenile Court are under 17 yet are prosecuted in
a similar way to adult cases. But they have additional privacy
protections and face relatively lenient sentences.
By sending the children to juvenile detention, counseling, drug
rehabilitation, night classes and other programs -- even forcing them
to wear a shirt and tie, like Antwan -- the court aims to change
children's outlooks before it's too late.
Though violent crimes are prioritized and children do eventually get
the court's considered attention, there isn't time to deal with
everyone promptly, meaning hundreds of children appear for a few
seconds every month, only to have their cases continued without action.
The inability to act swiftly in lesser cases only makes it likelier
that children will progress to more serious crime before they can be
stopped, Assistant State's Atty. Terri McGinnis said.
The problem was so severe in January that arrested children had to wait
five months to make their first court appearance.Cutting the wait for
new cases to a more normal six weeks then meant it took longer to deal
with kids already in the system, McGinnis said.
"Kids need consequences, but if they're arrested twice since they were
last in court, they can't even remember what they're being punished
for," she said.
Stuttley, Presiding Judge Curtis Heaston and court staff blame the
backlog on the migration of poor tenants from Chicago's housing
projects to the south suburbs. McGinnis said the situation really got
out of control about three years ago, "around the time the Robert
Taylor Homes were demolished and we started seeing kids with Chicago
backgrounds."
Though that is also a commonly heard explanation among police and some
south suburban mayors, Chicago Housing Authority chief executive Lewis
Jordan angrily rejects it as "stereotyping." CHA statistics indicate
that of 4,100 families tracked since the demolition of projects began
in 1999, only 24 have been displaced to the suburbs.
Whatever caused the increase, the map determining which cases are heard
where in Cook County closely follows a racial line dividing wealthier,
majority-white southwest suburbs from poorer, majority-black south
suburbs. It hasn't been substantially redrawn since Markham Courthouse
was built in 1978.
Several solutions have been proposed, but none have gotten off the ground.
A recent effort to divert more minor cases into "restorative justice"
programs -- informal, quasi-judicial hearings staffed by community
volunteers -- has yet to bear fruit.
Reassigning one of the two "floating" Juvenile Court judges in Chicago
who don't have a courtroom or caseload of their own seems simpler. But
the process has been tortured. Heaston said the Markham Courthouse also
is overrun with adult cases, so there's no space for a second juvenile
courtroom.
Courtrooms are available in southwest suburban Bridgeview, but that
courthouse is inaccessible to poor south suburbanites who rely on
public transport, Stuttley said. And while there's a new juvenile
courtroom in Harvey -- one of the south suburbs' most disadvantaged,
crime-ridden communities -- it's never been used and can't be because
it's in a building owned by the state, not the county, he said.
Heaston said the county's budget crisis means a fix "isn't going to happen any time soon."
A state law that takes effect in 2010, allowing 17-year-olds charged
with misdemeanors to move from the adult system to youth courts, is
likely to keep the waiting room even busier.
"It's crazy in here," said Linda Dees, a Chicago Heights mother at Markham for her son's criminal damage case.
Like most parents appearing in Stuttley's courtroom, Dees is grateful for any help she can get.
"These are our children," she said, motioning to the crowd of bored teens behind her. "We need more judges."
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