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In the last few months, there has been increased public focus on the Domestic Violence Division on the Cook County Circuit Court (“DV Court”), with a growing concern that the Division is not serving the needs of people—primarily women—seeking its protection.

This summer, the Cook County Commission on Women’s Issues presented recommendations on protections for survivors of gender based violence. Most of the Commission’s recommendations were not related to operations in the Domestic Violence Division of the courts. The five recommendations were: (1) ongoing remote access for court proceedings for survivors, including emergency protective orders, status court dates, and routine appearances; (2) increased funding for “Perpetrator Services,” including supervised visitation and safe exchange sites for parents and children in suburban Cook County; (3) updated Cook County employment policies to ensure compliance with the Victims’ Economic Safety and Security Act (VESSA) and sexual harassment laws; (4) ensuring that women housed at Cook County Jail are provided with access to in-person contact visitation with their families; and (5) the adoption of “Start by Believing Day,” a public awareness campaign to change the disbelief and blame that survivors often face when disclosing an assault.

However, testimony at the July 29 Cook County Board of Commissioners’ meeting brought focus to the DV Court’s dysfunction. Commissioners expressed surprise by testimony that survivors do not have 24-hour access to the court for emergency orders of protection. Commissioners likewise criticized the court’s five-year timeline to implement increased access through hybrid courtrooms, considering it much too long a delay.

On August 2, Chief Judge Evans responded to the recommendations of the Cook County Commission on Women’s Issues in a letter to County Board President Preckwinkle, acknowledging that “the benefits of remote access to court proceedings . . . have particular resonance in domestic violence matters,” and on August 3, the Chief Judge addressed concerns about the testimony given at the Commissioners’ meeting with journalists Ben Joravsky and Maya Dukmasova, emphasizing his support for 24-hour access to court for orders of protection. Judge Evans also fielded an audience question about whether Presiding Judge Vega, who the audience member described as “a consistent obstacle to survivors of gender-based violence,” is right for the Domestic Violence Division. Although the Chief Judge expressed concern about the statements made, he did not directly speak to the specific issues raised about Presiding Judge Vega, instead reiterating his support for change in the Division.

Under this pressure from the Commissioners and press, the Office of the Chief Judge (OCJ) prepared to move the courts to 24/7 access and met with the practitioner community for input. While there is little doubt that expanding the days and time people can seek orders of protection will benefit the community, advocates and attorneys have expressed some concern about the speed of implementation, as well as the prioritization of change in the Domestic Violence Division. Expanded access to procedures for emergency orders of protection will certainly create more safety for survivors, but simply opening the court overnight will not accomplish the goal.

In a series of meetings at the end of September and the beginning of October, advocates and attorneys voiced concerns about prioritizing expanded hours for the Division and about rushing to implement expanded hours. Instead of an immediate expansion of court hours, advocates and attorneys focused on the existing dysfunction in the Division—referring to the “punch list” of more pressing needs communicated with the Office of the Presiding Judge and the Office of the Chief Judge prior to the July 29 Commissioners’ meeting and subsequent media attention. After the recent meetings with the practitioners, the Office of the Chief Judge pledged some immediate fixes, related to availability of interpreters (particularly those for languages other than Spanish or Polish) and hiring of Zoom courtroom coordinators.

A press release from the Office of the Chief Judge on October 6 indicates that expanded hours for access to the court for emergency orders of protection will begin on November 8, and that the program will be designed with the input of a new Committee on Domestic Violence Court and input from stakeholders. The Committee will be chaired by the Honorable Grace G. Dickler, Presiding Judge of the Domestic Relations Division. The Collaboration for Justice’s Staff Attorney for civil court projects, Elizabeth Monkus, will serve on the Committee.

The OCJ October 6 press release demonstrates the value of those late September/early October meetings and raises the real possibility of change for the Division. 

A commitment to improve operations in the Domestic Violence Division is long needed. The advocates and the attorneys who serve people who need services from this court are beyond frustrated. Problems in the Division—at both the courthouse at 555 West Harrison in Chicago and in the suburban branch courthouses—predate COVID-19, but chaos during pandemic operations have exacerbated the concerns. This cycle of meetings which identify but do not solve problems must not continue.

Many of the problems raised at the Cook County Board of Commissioners’’ meeting, among concerns about Presiding Judge Vega’s management, were highlighted in an Injustice Watch report from August 5. The report makes clear that it is not merely a lack of resources which creates dysfunction in the DV Division, it is adequate concern for the ways limited court access undermines the safety of survivors. It is an institutional unwillingness to accept expertise from advocates, practitioners and attorneys who work daily with survivors to help shape procedures and operations in the Division.

Good outcomes for survivors will require more than extending the hours of operation of the court.

The Division is under-resourced, as are the nonprofit social services and legal aid agencies which work on behalf of people experiencing domestic violence or sexual violence. The level of ongoing chaos in the Division is extraordinary. Members of the Chicago Council of Lawyers, our Collaboration for Justice Committees, and other colleagues repeatedly express that this is a regular cycle in the Division, driven by a lack of investment to serve the communities in the ways they need.

Chicago Appleseed Center for Fair Courts have often—and will continue—to work with this Court to reform its systems, reduce harm for impacted people, and create new structures within its Divisions to improve operations. Meaningful change is the responsibility of all court stakeholders—and requires the investment of the Office of The Presiding Judge as well as support from the Office of The Chief Judge. 

The advocates and attorneys working with survivors of gender-based violence are working very hard to gain that investment and Chicago Appleseed will do whatever we can to support them. We hope these small steps forward are a true beginning of changes to come.