More than 100 days into her tenure overseeing the flow of information and documents in Cook County’s sprawling court system, Cook County Circuit Clerk Iris Martinez has drawn low marks from reform advocates, who had hoped for new measures to boost transparency and public access to the often Byzantine courts.
Recently, a coalition of Chicago-based court reform advocacy organizations, including the Chicago Appleseed Center for Fair Courts, the Chicago Council of Lawyers and the Civic Federation, released a follow-up analysis to what they called their “New Directions” report.
“’New Directions’ called for a major shift in the Cook County Circuit Court Clerk’s Office, from a culture that serves political and judicial interests to one that efficiently and fairly serves court users (litigants and attorneys) and the general public,” the coalition wrote in a summary of its latest analysis.
“We have not yet seen the new administration take adequate steps that would move toward that goal.”
For two decades, the Circuit Clerk’s office was led by Dorothy Brown, an embattled public figure whose final years in office were spent under the shadow of federal investigation of her office for a range of alleged misconduct.
Brown was never indicted or formally accused of any wrongdoing.
At the same time, reform advocates routinely pilloried Brown for her management of the office. While other court systems moved to embrace online access to court dockets and documents for attorneys, litigants and the general public, Brown’s administration never deployed an online case management system that would grant the public remote access to public court documents.
The courts, for instance, still rely heavily on handwritten notes and orders, often using carbon paper.
Members of the public, including those needing to use the courts, are required to visit courthouses to access documents and records related to criminal and civil cases, even if it is their own. Despite a $36 million contract with Tyler Technologies to create a new electronic case management system, the public still lacks the ability to access public court documents online. That privilege now belongs only to lawyers working on specific cases.
Brown also rejected efforts to open her office up to public scrutiny, opposing efforts to revise the Illinois Freedom of Information Act to include the Cook County Circuit Clerk’s office.
In September 2020, the New Directions coalition released a report calling for a list of specific reforms. These included:
- Improving the system’s e-file system to allow “kiosk mode” filings; end the use of carbon paper orders and allow judges to enter their orders electronically;
- Making judges’ daily court calls accessible online;
- Allowing the public to access public court filings online, as the federal courts and some state court systems do;
- Installing a court recording system in every courtroom; and
- Bringing the office into compliance with the Freedom of Information Act, allowing the public access to information about the office, which is funded from taxes and court fees.
The September 2020 report noted the deficiencies in the Circuit Clerk’s operations were exposed by the COVID-19 pandemic.
Voters elected former State Sen. Iris Martinez (D-Chicago) to replace Brown, who opted not to seek reelection.
In their follow-up analysis, released in late April, the New Directions coalition noted Martinez ran on a platform of reform, including pledges to rapidly move to increase public access and transparency.
However, the groups say Martinez has been slow to back up those promises with concrete action.
“Our impression is that, despite ample opportunity … Clerk Martinez failed to form an effective transition committee or develop a comprehensive transition plan,” the groups said in their report. “We are unaware of any organized effort by the Clerk or her staff to establish updated goals and priorities for the office.”
In their April 28 report, the coalition particularly faulted Martinez for failing to conduct “an office-wide audit or comprehensive mission planning effort that would guide such an effort and allow public input into the process.”
The new report focused on four key initiatives sought by the coalition for the Circuit Clerk’s office in the first 30 days under Martinez. These included “an office-wide audit to review staffing levels, technology and office functions, and identify efficiencies;” the establishment of a “clear mission statement;” the establishment of “an emergency remote operation plan;” and a plan to create three new positions, including a “chief accessibility officer,” a “chief public service officer,” and a FOIA officer.
Citing difficulties caused by the pandemic, the coalition said they gave the Circuit Clerk 100 days to complete those goals.
However, despite the additional three months, the coalition said Martinez’s office has only taken steps toward two of the four primary 30-day goals – the creation of a mission statement and of an emergency remote operations plan.
Further, the report faulted Martinez’s administration for appearing to take no action to improve public access to online court documents.
“The rollout of the new Odyssey case management system has been plagued with errors and delays,” the April New Directions report said. “The issues predate Clerk Martinez and her administration has stated it intends to have the new system operational by Dec. 31, 2021.
“However, we have been granted no insight into the reasons for the current delays or the specific steps the Clerk’s Office may be taking to fix them.”
On May 12, the Civic Federation stated in a tweet, that the Circuit Clerk’s office “now says it is working with the presiding judges of the (Cook County Circuit Court’s) County Division and Criminal Division to address their concerns with features of the Odyssey case management system.”
Further, the April 28 report noted Martinez has backtracked on her pledge to open the Circuit Clerk’s office under the Freedom of Information Act.
They noted, as a state senator, Martinez had filed legislation that would have defined the Circuit Clerk’s office as a public taxpayer-funder body, subject to FOIA. However, this year, the report said, Martinez has instead worked with Democratic allies in Springfield to water down the legislation, instead making the Circuit Clerk’s office subject only to the weaker Local Records Act, which limits the kinds of documents and records the public could access. The Local Records Act also includes no enforcement mechanism, the report notes.
“Clerk Martinez’s reversal on a commitment to FOIA-level transparency is highly disappointing,” the coalition states.