Why municipal prosecutors are a really bad idea

The thing about plummeting downhill at fifty miles an hour on a snack platter – if you realize it’s a bad idea when you’re halfway down, it’s too late. – Rick Riordan

In our November 14 column covering Illinois 83rd District state rep Matt Hanson blowing a whopping .186 in the course of his October DUI arrest, we briefly discussed why municipal, or private, prosecutors are a bad idea. But despite my vast opposition, I’m decidedly in the minority here and nothing I write will change this dynamic. But since I’ve become accustomed to tilting at windmills…

In that same piece I explained that, to avoid the appearance of impropriety, Kane County state’s attorney Jamie Mosser should’ve immediately referred any case involving a state rep to the Attorney General’s office. That still hasn’t happened.

Considering he’d demand the same of an errant Republican counterpart, I also encouraged Mr. Hanson to resign and focus on overcoming his alcohol addiction. But that hasn’t happened, either. Perhaps the voters will make that decision for him.

That means our illustrious state rep will have to contend with Montgomery, Illinois, municipal prosecutor and Geneva, Illinois, criminal defense attorney, Peter Buh, in the likely process of negotiating a plea bargain or going to trial.

As a brief but important aside, Hanson hired attorney Brick Van Der Snick to defend him, an excellent choice if you intend to fight the charges. We’ll see just how long Hanson clings to his promise to abide by the court’s decision and whatever substance abuse protocol the judge advises.

So now, instead of facing the full weight of the state’s attorney’s or attorney general’s office, Hanson has to deal with a lonely municipal prosecutor who’s squaring off against one of the best defense attorneys in Illinois. That’s my first problem with this prospect. It provides defendants with the means a far greater opportunity to “buy” justice.

If I were a betting man, considering the complexities of a DUI arrest on private property, I’d be putting my money on Brick. But as disturbing as that issue is, the second complication doesn’t begin to pass the laugh test.

Local prosecutors exist because Illinois municipalities realized they were getting the short end of the misdemeanor fine and fee stick. I used to know the exact number, but if The State convicts a Montgomery resident of a DUI or moving violation, the village gets less than 10 percent of the “proceeds.” Ah! But if the village prosecutes those offenders themselves, short of court costs, they get the entire kit and kaboodle.

That’s a huge windfall for a successful DUI conviction where the Illinois fines can run up to $2,500. And that my friends effectively turns these local prosecutions into a civic profit center, which tends to take the bite out of blind justice and crime prevention initiatives.

Since these private prosecutors fully comprehend the basis for their existence, they tend to hit guilty defendants with higher fees and fines than an assistant state’s attorney would. Why? Because if they don’t keep that DUI money rolling in, they won’t be enjoying that lucrative gig for very long.

That puts local prosecutors right up there with red light cameras, speed cameras, and speed traps, which have absolutely nothing to do with crime prevention and everything to do with making a profit on peoples’ misfortune.

But even though that’s more than enough evidence for my theory, what really frosts my flakes are the rampant conflicts of interest involved.

Though I’ve been clear that the very notion of a local prosecutor bothers me, Mr. Buh’s predecessor, Judge Kim DiGiovanni, was a family attorney which left little room for overlap between her private and public duties. Along the same lines, the St. Charles, Illinois, prosecutor, Tim O’Neil, is a labor lawyer who won’t likely run into one of his clients in that Branch Court building.

But Mr. Buh and his law partner are another proposition entirely. On the one hand his self-styled bio reads:

Peter Buh will work tirelessly to defend you against whatever charges have been leveled against you. He has successfully defended clients ranging from DUI to serious felonies, including Aggravated DUI.

But the very next line boasts:

Peter Buh has been awarded “DUI Prosecutor of the Year”. (sic)

And that’s when I start having some real problems with him.

 So, while our intrepid attorney brags about being “DUI prosecutor of the Year,” his website declares, “From DUI or drug charges to murder, we have the skill and experience to protect your rights,” and “Your privilege to drive is too valuable to take lightly. Let us fight to get you back on the road.”

It’s the kind of blatant conflict of interest that would give former Speaker Michael Madigan goosebumps. Convict them in Montgomery and go back to your Geneva private practice to put them right back on the road.

It’s gotta be a great gig! I’ve always wondered what it’s like to have no moral center.

To be fair, attorney Buh is prohibited from playing criminal defense attorney in the towns he plays prosecutor, but I don’t believe the same caveat applies to his law partner, Keri Johnson. Remember when I said, “This doesn’t pass the laugh test?”

As is always the case, I reached out to Mr. Buh to learn a little more about his situation and get his side of the story. But despite his efforts on behalf of “The People,” he clearly believes he’s under no obligation to respond to them.

Despite the obvious issues with municipal prosecutors, again, I’m in the minority in this regard. The state’s attorney’s office loves ‘em because their ASAs are already overworked and they’d rather focus on felonies. And the municipalities love ‘em because they’ve become quite the money-making proposition.

And the rest of y’all don’t pay any attention to it until you’re the one being fleeced by Mr. Buh and the Village of Montgomery.

There are a number of terms I’d like to apply to this absurdity but I’ve already surpassed my December F-bomb quota. Regardless of what you choose to call it, it certainly isn’t justice.