The Illinois Supreme Court has elected to weigh in on whether disciplinary hearings for Chicago police officers accused of serious misconduct should be held in private.
Wednesday’s decision to take up the case came after Chicago’s Fraternal Order of Police lodge — which represents the city’s rank and file cops — appealed an earlier appellate court ruling that required the most serious police disciplinary cases to be arbitrated in public.
The appellate court found in August that moving hearings behind closed doors would violate well-defined public policy, which favors “police accountability and transparency.”
Police Board President Kyle Cooper said the years-long battle over police discipline has largely ground the board’s operations to a halt. Cooper has previously said prolonging the court battle would only add to a growing backlog of cases and ultimately cost taxpayer dollars.
“The delay and uncertainty caused by this appeal deny accused officers, alleged victims of misconduct, and the public the timely resolution they deserve,” Cooper wrote in a statement back in September.
This includes 21 cases where officers face charges that include unjustified police shootings, the use of excessive force and domestic violence.
Cooper says Police Board or arbitration hearings for these cases cannot proceed “until there is an agreement on an arbitration process that complies with a court order.”
The question of police discipline became a sticking point in the union’s most recent contract negotiations. An independent arbitrator tapped to break the gridlock ultimately found that state labor law granted union members the right to skip the police board and seek “final and binding arbitration.”
The City Council then voted to reject the ruling twice, leading to dueling motions for summary judgment from the union and city.
In March 2024, Cook County Judge Michael Mullen found the arbitrator’s decision ran contrary to “a dominant and well-defined public policy” and would violate a federal order demanding extensive police reforms, specifically a requirement to increase transparency. The ruling allowed for public arbitration and also rolled back the arbitrator’s finding that cops should remain on the payroll while their cases are pending.
Neither party was pleased, and the police union filed its appeal about a month later, setting up the appellate court ruling in August that has now made its way to the state Supreme Court.
Oral arguments are expected to take place next year.
Contributing: Sophie Sherry