Madison County's chief public defender John Rekowski admits the COVID-19 emergency has thrown up many difficulties and challenges, but also revealed how some time adversaries can become allies in a united front to confront the spread of the virus.
The public defender's office has joined with judges, State's Attorney Tom Gibbons, the sheriff's office, and the county to dramatically cut the number of inmates in jail.
Rekowski said his office is still functioning but in an entirely different way, with the majority of attorneys and support staff working from home and most consultations, hearings, conducted electronically.
Juvenile cases are being heard in person, with one attorney assigned to go to court for a shelter care hearng for an abused child or to deal with detention for an alleged delinquent.
"Everything is very inefficient," Rekowski said as he reflected on the rapid shift from face to face to remote interactions.
"When we receive police reports, we have to email to lawyers as opposed to handing the file over in person," Rekowski said, adding that for hearings via video conference must be spent on setting it up, bringing in the lawyers, and conferencing with the judge.
"The flip side is we are adapting with the help of the jail, which has been excellent, and Sheriff (John) Lakin. I cannot say enough nice things about them," Rekowski said.
"They have set up system to be able to talk to our clients, secure, not recorded. It is not perfect as the monitor has a screw loose, which means the client has to hold it in place while speaking, but the jail has been infinitely patient getting people (what is needed)."
The jail population has been reduced from a high of 360 to 197 as of Wednesday. Judges are also allowing individuals accused of non-violent crimes to be released on their own signature bond.
"This coordinated approach to jail population reduction between the judges, the county board with financing, the State’s Attorney, probation who monitors the ankle bracelets, and the public defender has enabled this reduction," Rekowski said.
The county is paying $5 a day per inmate for extra monitoring, which the public defender said is "chump change" to what it would cost for just one inmate to become seriously ill with the virus and have to spend time in intensive care.
For those released from jail or on their own bond from the street, consultations are taking place via phone. The need for sit down face to face consultations has lessened as plea negotiations are largely suspended.
Rekowski has noted a drop in crime as many potential criminals are themselves concerned about the virus, are sheltering in place, and not getting into trouble.
Police departments are also being less aggressive in making arrests or issuing notices to appear for what the public defender believes are offenses that in normal times are petty offenses not worthy of pursuing.
"The state's attorney is using a little bit more discretion over what and how they are filing....not filing felony charges for second offenses stealing a bag of potato chips or cup of coffee," said Rekowski.
The office is attempting to stay on top of files opened and on hold as Rekowski predicts a "tsunami" of work, including hearings, after the outbreak is contained.
He said he is worried about a "slippery slope" that could lead to a significant increase in the use of video going forward. The public defender believes it is hugely important in normal times that a defendant is in court for hearings, even at the preliminary stage.
The office has not reported any its staff diagnosed with coronavirus.
However, the Families First Coronavirus Response Act (FFCRA) requires certain employers to provide their employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19.
The paid sick leave and expanded family and medical leave provisions of the FFCRA apply to certain public employers, mostly state, and private employers with fewer than 500 employees. There are exemptions for employers with fewer than 50 employees.