ISBA opposition helps stall flawed victims' rights amendment

The Springfield State Journal-Register is reporting that opposition from the Illinois State Bar Association has stalled progress of HJRCA 29. The victims' rights amendment appeared headed for a place on the November ballot after clearing the Illinois Senate 55-1. Opposition from ISBA, Illinois state’s attorneys and Illinois public defenders associations gave legislators cause for concern.

A good state’s attorney will keep crime victims abreast of developments during trial, said Jim Covington, the bar association’s director of legislative affairs. But the amendment would have given victims and their lawyers more input in the courtroom.

Under the amendment, victims would have:

* The right to be heard at any post-arraignment court proceeding;

* Access to relevant documents relating to the defendant;

* Be considered if and when bail for the offender is being contemplated; and

* Have the ability to back up those rights in courts that have jurisdiction on the case.

Covington said it would be impractical to allow victims the right to be heard at any post-arraignment court proceeding.

“It would undermine the presumption of innocence if you add a third — someone besides the state and the defendant, a victim or his or her lawyer — involved in the case from that point forward,” Covington said.

Click here to read the full article

Read Rep. Jim Sacia's (R-Freeport) explanation of why he voted against HJRCA 29

Read the ISBA position paper against HJRCA 29

Posted on May 7, 2012 by Chris Bonjean
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