Illinois Supreme Court to Hear Case on Chicago Police Misconduct

After three years of debates and legal proceedings, the Illinois Supreme Court is set to hear arguments involving the city of Chicago and the Fraternal Order of Police. The case will decide the future handling of serious misconduct cases involving Chicago Police Department officers and public access to these proceedings. The central issue is whether accused officers should have their disciplinary cases decided by a third-party arbitrator instead of the Chicago Police Board, a practice in place since 1961.

Core Dispute

The question is whether officers can use arbitrators, similar to other municipal employees represented by labor unions. Arguments are scheduled for Thursday in Springfield, with a ruling expected by the end of the year. However, how and when a new discipline system will be implemented remains uncertain.

As the search for CPD’s next superintendent continues, unresolved disciplinary cases have accumulated over the past three years. Accountability advocates warn that closed-door hearings could lead to unchecked abuses, citing past incidents like the 2014 shooting of Laquan McDonald.

Arguments on Transparency

“Secrecy breeds impunity for police officers,” wrote attorneys for a coalition of police reform groups in a June amicus brief. They argue closed practices damage reform efforts, making serious misconduct cases less accountable.

The coalition claims private arbitration would reverse progress in preventing police misconduct, shielding abuse from established accountability processes.

Another point of contention is officer pay during pending termination cases. Delays have forced many accused officers and alleged victims to wait. Chicago Police Board President Kyle Cooper recently emphasized the need for timely resolution for officers, victims, and residents. The process has mostly stalled since fall 2023 amid legal battles.

Union vs. City

The FOP suggests the city wants to introduce a new public policy that opens grievance arbitration proceedings to the public, historically private. The city argues that removing hearings from public view contradicts CPD’s reform efforts, undermining trust in the department.

Union attorneys counter that the city’s stance is more policy-driven than legally grounded. They believe this is fundamentally about workers’ rights rather than combating misconduct.

Legal Precedents and Outcomes

Illinois Supreme Court precedent from 2020 did not permit the FOP to destroy misconduct records, citing public policy. The dispute began in 2023 when the City Council divided a new bargaining agreement with the FOP. Arbitrator Edwin Benn warned against overturning his award to the union, citing wasted taxpayer money. The city appealed, and Judge Michael T. Mullen sought a compromise, allowing private hearings but requiring them to be public. The appellate court agreed, partly supporting the FOP by allowing pay for officers facing termination.

Despite the litigation, officers can choose board hearings, yet few have opted for this route. Investigative work continues, with findings of misconduct in hundreds of cases since September 2023.

Former Superintendent Larry Snelling advocated for open and public proceedings, stressing that transparency can strengthen public confidence in the investigative process.