The Lake County State's Attorney's Office is hiring. Recent graduate awaiting bar results who have a current 711 license will be considered
You can download job descriptions here.
Email resume and cover letter to : Jo GravitterChief Deputy, Administrative ServicesOffice of Lake County State’s Attorney, Eric F. Rinehart18 N. County Street, 3rd FloorWaukegan, IL 60085(847)377-3037 jgravitter@lakecountyil.gov
Intro level ASA opening in the Criminal Bureau at the Winnebago County State's Attorney's Office has been announced. Download a full job description here.
To apply please visit https://winnebagocountystatesattorney.com/employment
The Lake County State's Attorney's Office is hiring for three separate ASA openings at an intermediate and senior prosecutor level. You can download job descriptions here, here, and here.
Women Everywhere is looking for in person volunteers for several projects this holiday season. As you may know, Women Everywhere (WE) is a non-profit organization driven by the volunteer efforts and goodwill of attorneys, judges, bar associations, and others in the Chicagoland legal community. WE volunteers are dedicated to creating opportunities for women and children in need through education and community service. This year WE is looking for volunteers to assist several organizations across the county, including: APNA GHAR – Friday, November 11, 2022 SARAH’S CIRCLE – Sunday, November 13, 2022 KAN WIN – Saturday, November 19, 2022 MUJERES LATINAS en Acción – November Coat Drive (in coordination with the Latino Judges Association) HEPHZIBAH – Friday, December 2, 2022 WINGS - Thursdays or Fridays beginning December 2, 2022 If you are interested in volunteering, please send an email to michele.gemskie@gmail.com and specify which event(s) you are interested in.
Title: Assistant State’s Attorney
Location: Marion County State’s Attorney’s Office - Salem, Illinois
Start date: October 3, 2022, or as soon as possible thereafter.
Salary: $100,000.00
Summary: The Marion County State’s Attorney’s Office is currently seeking applicants for an assistant state’s attorney. This is a full-time position in which the attorney will be responsible for prosecuting juvenile abuse and neglect, dependency, and truancy petitions. A minimum of 3 years experience in juvenile abuse and neglect cases and a familiarity with the Juvenile Court Act is strongly preferred. The successful candidate must possess a strong knowledge and understanding of the Illinois Rules of Evidence and the Code of Civil Procedure.
Details: Individuals must be licensed to practice law in the State of Illinois. The attorney can expect to be in court two days per week, with the remaining three days allotted for office work and witness preparation. The attorney will be responsible for reviewing investigative reports from DCFS to determine the appropriate petitions and motions to be filed and then preparing and prosecuting said matters. The attorney will also be responsible for reviewing legal screening packets to determine the appropriateness of filing a petition to terminate parental rights and then preparing and prosecuting said petitions. The position also involves the regular review of reports filed by DCFS in advance of upcoming hearings. It will also be necessary for the attorney to determine the necessary witnesses to subpoena for the prosecution of said petitions/motions and to meet with all witnesses in advance of hearings.
Benefits: Participation in the Illinois Municipal Retirement Fund, Health Benefits, Paid Holidays, Sick Days and Vacation Time.
How to apply: Please submit cover letter, resume, and references to:
mcsao@marionco.illinois.gov
-OR-
Tim Hudspeth
Marion County State’s Attorney
100 E. Main, Room 107
Salem, IL 62881
For Additional Information: call (618) 548-3860
Download job posting HERE.
Application information available for download here.
EMPLOYMENT OPPORTUNITY
POSITION: Kankakee County Assistant State’s Attorney
DESCRIPTION: The Kankakee County State’s Attorney’s Office is seeking a criminal prosecutor for an excellent opportunity to prosecute misdemeanor and felony cases with a focus on victim’s rights and restorative justice. Conduct bench and jury trials, as well as other duties as assigned.
REQUIREMENTS: Entry level or lateral prosecutor experience. Exceptional communication, research, and writing skills are essential. Must be a licensed attorney within the State of Illinois at time of application.
SALARY: Salary is commensurate with experience and abilities. County Benefits include: major medical health insurance, life-insurance, deferred compensation, retirement benefits, and paid time off.
LOCATION: Kankakee County is located approx. 50 miles south of Chicago and offers affordable housing with a wide range of recreational resources.
DATE OF POSTING: March 18, 2021
DEADLINE TO APPLY: UNTIL POSITION IS FILLED
SEND COVER LETTER, RESUME, COPY OF ARDC CARD,
AND 5 PROFESSIONAL REFERENCES TO:
Melody Vilt – Chief of Administration
Kankakee County State’s Attorney’s Office
450 E Court Street
Kankakee, Il. 60901
Fax: (815) 936-5801
Mvilt@K3county.net
THE KANKAKEE COUNTY STATE’S ATTORNEY’S OFFICE AND THE
COUNTY OF KANKAKEE ARE EQUAL OPPORTUNITY EMPLOYERS
NOTICE OF OPEN POSITION
The DeKalb County State’s Attorney’s Office has an opening for the position of Assistant State’s Attorney. This is for a felony level, full time prosecutor position. The attorney needs to have the ability to prosecute Class 4 though Class X felonies and have a strong desire to serve our victims.
ESSENTIAL JOB FUNCTIONS:
QUALIFICATIONS, KNOWLEDGE, SKILLS, AND ABILITIES REQUIRED:
Salary commensurate with experience plus benefits.
Please submit a resume and cover letter to;
DeKalb County State’s Attorney’s Office, 133 W. State Street, Sycamore, IL 60178
Darby Henke
Operations Manager
DeKalb County State’s Attorney’s Office
133 W. State Street
Sycamore, IL 60178
P: 815-895-7164 F: 815-895-7101
Email: dhenke@dekalbcounty.org
IPBA Law Update - Winter 2019 Edition
Gamble v. United States, 139 S. Ct. 1960 (2019)Prosecution for the same conduct by different governments is not barred by the Double Jeopardy Clause
The defendant pled guilty to violating Alabama’s felon-in-possession-of-a-firearm statute. Federal prosecutors then indicted him for the same act of possession under federal law. The defendant sought to dismiss the new charges, arguing that the federal indictment violated double jeopardy principles because it alleged “the same offence” for which he had already pled guilty. The United States Supreme Court disagreed. The Court explained that the Double Jeopardy Clause bars multiple prosecutions for the same “offence.” An “offence,” however, is not the same as “conduct.” Importantly, the term “offense” refers to the law broken rather than the act committed. Thus, under the “dual sovereignty” doctrine, if the state and federal governments each have a law prohibiting the same conduct, a defendant may be prosecuted by both governments because he has committed multiple “offences.” This bedrock principle has been understood since the birth of our nation, and the defendant’s argument to the contrary was not enough to overcome stare decisis.
People v. Johnson, 2019 IL 123318The “limited authority” doctrine recognizes that the authority to enter a business open to the public does not extend to those who intend to commit crimes on the premises
The defendant was convicted of burglary after stealing multiple items of clothing from Walmart. He was sentenced as a Class X offender to eight years in prison. The defendant appealed his conviction, relying on the portion of the burglary statute that requires entry “without authority.” According to the defendant, he had authority to enter the store because he arrived during normal business hours and stayed in areas open to the public, and therefore he could not be convicted of burglary. The Illinois Supreme Court rejected this argument. Citing over 100 years of precedent, the court explained that entering a retail store with intent to commit a theft amounts to burglary. Although public establishments grant prospective customers authority to enter, that authority does not extend to those who intend to commit crimes on the premises. The court went on to repudiate the contention that the legislature intended for the retail theft statute to punish shoplifting exclusively, as the legislature could have found that those who enter with intent to steal are more culpable, and thus deserving of harsher punishment.
People v. Buffer, 2019 IL 122327A prison sentence of more than 40 years imposed upon a juvenile offender is a de facto life sentence
In Miller v. Alabama, 567 U.S. 460 (2012), the United States Supreme Court held that the Eighth Amendment prohibits mandatory life sentences for juvenile offenders, reasoning that the compulsory nature of the sentence deprives the trial court of the opportunity to consider mitigating factors related to the offender’s youth. Relying on Miller, the defendant argued that his 50-year sentence for a murder that he committed when he was 16 years old was a de facto life sentence that likewise violated the constitution. The Illinois Supreme Court agreed and created a bright-line standard of 40 years. Specifically, the court held that a prison sentence of more than 40 years is a de facto life sentence because it fails to provide “some meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation.” Because the defendant here was sentenced to 50 years in prison, and the trial court did not consider his youth in fashioning his sentence, the supreme court held that his sentence was a de facto life sentence that violated the Eighth Amendment.
People v. Frazier, 2019 IL App (1st) 172250 \An expert witness may not testify about a defendant’s mental state at the time of an offense where the expert did not evaluate the defendant at the time of the offense or soon thereafter
The defendant, a military veteran who served two tours of duty in Iraq, was charged with attempt first degree murder and aggravated discharge of a firearm after he fired several gunshots at a vehicle. The defendant sought to introduce the testimony of several healthcare providers to establish his defense that at the time of the shooting, he was suffering from post-traumatic stress disorder. The trial court granted the State’s motion to restrict the experts’ testimony, holding that the experts could testify about the diagnosis and how it affects behavior, but not about how it affected the defendant’s actions. The Illinois Appellate Court affirmed this ruling. Notably, the issue of the defendant’s state of mind at the time of an offense is a question to be determined by the trier of fact. Although an expert witness may testify as to the ultimate issue in a case, it is not proper for the expert to do so where he was not present to evaluate the defendant at the time of the offense or shortly thereafter. Such an opinion would usurp the role of the trier of fact.
People v. Bass, 2019 IL App (1st) 160640The practice of arresting an individual based solely on an investigative alert violates the Illinois Constitution
The defendant was charged with criminal sexual assault after he allegedly molested the victim while she slept. In investigating the offense, detectives interviewed the victim and her boyfriend two days after the incident. Both individuals gave consistent accounts of what occurred and identified the defendant in a photo array. Based on these interviews, detectives put out an investigative alert for the defendant, which was a communication to all officers in the department that there was probable cause for his arrest. Detectives did not obtain an arrest warrant. Three weeks later, the defendant was arrested pursuant to the investigative alert and made several custodial statements. The defendant was later convicted, but on appeal, the Illinois Appellate Court held that this practice was improper. Acknowledging that the United States Constitution only requires probable cause to be supported by “oath or affirmation,” the court explained that the Illinois Constitution affords its citizens greater protections in that it requires probable cause to be supported by “affidavit.” The investigative alert system, which relies on unsworn evidence presented to police officers, does not satisfy the latter obligation. Accordingly, the appellate court quashed the arrest, found that the trial court’s failure to suppress the defendant’s statements was not harmless, and remanded for a new trial.
If you would like to submit a case for distribution in the next Law Update please email ASA Steven Lupa at slupa2@gmail.com.
EMPLOYMENT OPPORTUNITY click here to download job posting flyer
DESCRIPTION: Excellent professional opportunity to become an experienced litigator. Exposure to Traffic and Misdemeanor cases. Conduct bench trials as well as jury trials. Assist with mental health hearings and specialty treatment courts, including but not limited to Veterans Treatment Court and Drug Treatment Court. Other duties as assigned.
REQUIREMENTS: 1-5 years of legal experience. Experience as a prosecutor is a plus. Exceptional communication, research, and writing skills are essential. Must be a licensed attorney within the State of Illinois at time of application. Must be willing to meet county residency requirement within 12 months.
SALARY: Commensurate with experience and abilities. County Benefits include: major medical health insurance, life-insurance, deferred compensation, retirement benefits, paid holiday and vacations.
DATE OF POSTING: September 19, 2019
SEND COVER LETTER, RESUME, COPY OF ARDC CARD, AND 5 PROFESSIONAL REFERENCES TO:
Melody Vilt – Chief of AdministrationKankakee County State’s Attorney’s Office450 E Court Street 3rd FloorKankakee, Il. 60901Fax: (815) 936-5801Mvilt@K3county.net
Illinois Prosecutors Bar Association | P.O. Box 114 | Wheaton, IL 60187 | illinoispba@gmail.com
