Two Democratic candidates running for Cook County state’s attorney in Illinois have vastly different approaches to prosecuting retail and motor vehicle crimes, particularly those involving juveniles, as the Chicagoland area looks to find a replacement for Kim Foxx.
Foxx, who was praised by supporters for her work toward criminal justice reform and criticized by opponents for being soft on crime, announced in April 2023 that she would not seek reelection to the state’s attorney office. Illinois Appellate Justice Eileen O’Neill Burke and ex-prosecutor and corporate lobbyist Clayton Harris III are the two Democrats running in the March 19 primary to replace Foxx.
Given Foxx’s perceived soft-on-crime approach during a rise in retail theft and carjackings in the Windy City, eyes will be on the next state’s attorney to see how they would approach prosecutions and handle high-profile cases.
Early voting in the primary is underway, and O’Neill Burke and Harris took to the stage for the first televised debate on Thursday, looking to draw lines around how they would balance the office’s duty to prosecute with Foxx’s championed restorative justice measures.
Both Harris and O’Neill Burke served as assistant state’s attorneys, but O’Neill Burke said her decades of experience at different levels of the court system as a prosecutor, defense attorney, and judge puts her at a distinct advantage in the race. Harris said his time in the prosecutor’s office and managerial experience in government make him the most qualified candidate.
“If you think things are going just fine right now, I’m not your candidate. Mr. Harris is your candidate,” O’Neill Burke said via the Chicago Tribune.
The candidates presented different approaches when it came to prosecuting retail thefts as felonies, as well as the treatment of juveniles who are arrested for carjackings and coordinated shoplifting.
When Foxx served as state’s attorney, she implemented a policy that would raise the Illinois felony threshold from $300 to $1,000, leading to severe backlash from business owners and Republicans who say the change has encouraged massive thefts and increased crime.
O’Neill Burke said she planned to bring the threshold back down to $300, but would potentially see avenues to ease prosecutions for first-time offenders. On the other hand, Harris said he would keep Foxx’s $1,000 threshold but would elevate the charges of other thefts — prosecuting break-ins as burglary and assaults as robberies. Burglary and robbery are felonies.
“Mr. Harris has just told you that he will not follow the law,” O’Neill Burke said in response to Harris’s plans for charges. “You can clear out several aisles in Walgreens before you get to the $1,000 threshold. The ramifications of this policy are Walgreens, CVS, Target, Walmart have closed all over the city and the country. … I do not agree with that.”
“I did not say I would not follow the law. Facts matter here,” Harris said. “What I said was we are going to apply the law correctly. What I didn’t do was pander.”
On carjackings and juvenile prosecution, the two Democrats differed, as well. Harris said he would create a special prosecutions unit that would focus more on looking to “cut off the heads of the people” directing juveniles to commit crimes rather than the minors themselves.
O’Neill Burke said she would take a comprehensive approach, placing juvenile offenders under supervision after school and urging them toward jobs or apprenticeships.
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“The vast majority of juveniles get arrested between 3:30 and 10 at night,” she said. “That’s when we’re going to keep them busy doing job training, learning enrichment, or an apprenticeship with the trades.”
Harris has been endorsed by Foxx’s mentor, Cook County Board President Toni Preckwinkle. Former Chicago alderman and attorney Robert Fioretti is the sole Republican running to succeed Foxx.