Former Judge’s Victory in Chicago Prosecutor Primary Suggests Crime Policies Shift

Chicago ahead of St. Patrick’s Day, in a still from video, on March 16, 2024. Reuters/Screenshot via NTD

This week, Eileen O'Neill Burke, a former judge, won the Democratic primary in the race to be state attorney in Cook County, Illinois. Experts say her win represents an improvement over the current top prosecutor, though it still falls short of what is necessary for being tough on crime.

Ms. Burke defeated Clayton Harris III, a candidate further to her left, and is all but guaranteed to succeed Kim Foxx given that the county is solidly Democrat.

Ms. Foxx has come under fire from critics who accuse her of being soft on crime.

Ms. Burke’s victory was a “rejection of Kim Fox and her radical soft-on-crime policies,” The Heritage Foundation’s senior legal fellow Zack Smith told The Epoch Times.

But while Ms. Burke’s victory over Mr. Harris “seems like a win for law and order,” she “is far from tough-on-crime,” Chris Talgo, an editor at the Illinois-based Heartland Institute, told The Epoch Times.

While Mr. Smith did not disagree with Mr. Talgo, he said that Ms. Burke nonetheless “will be a vast improvement over” Ms. Foxx “and she defeated the much more radical opponent running against her in the Democratic primary,” echoing Mr. Talgo’s sentiments.

Given Cook County is further to the left, said Mr. Smith, Ms. Burke will still be “closer to where she should be” when it comes to combatting crime.

The fact that Mr. Harris did not win, he said, “shows that even in Chicago, Democratic voters are fed up with the soft-on-crime coddling of criminals.”

Ms. Burke told Chicago-based WGN News last month that Cook County residents are “afraid to go out at night” and scared to go to downtown Chicago.

“They’re afraid to ride the CTA,” she continued, referring to Chicago’s public transportation system. “Everybody has a game-plan in their head of what to do if they’re carjacked.”

Ms. Burke said that prosecuting crime is what needs to happen in order to make people feel safe. She lamented the short-staffing of the office she will likely occupy, noting there has been an exodus of staff during Ms. Foxx’s tenure. She said it must be fully staffed.

She also called for the detention of those possessing so-called assault-style weapons.

Ms. Burke’s platform includes lowering the threshold of charging those who steal from retailers from $1,000 to $300, a departure from Ms. Foxx’s policy. But there are parts of Ms. Burke’s platform that seem to echo progressive talking points.

Examples on her website include the term “restorative justice” and a need to address “root causes of crime,” namely “poverty, historic disinvestment in neighborhoods, and a revolving door of kids getting involved in crime early and getting stuck.”

Ms. Burke would also include a “choice protection unit“ that would preserve abortion access and go after pro-life individuals who would seek to undermine women seeking pregnancy terminations.

Moreover, she would reverse Ms. Foxx’s “so-called gun diversion, or deferral, program, a popular cause among progressive prosecutors that has led to American cities becoming awash with guns and social media platforms lighting up with mostly young folks openly flaunting their weapons with apparent impunity.”

Ms. Burke has been endorsed by The Chicago Tribune, which cited her promises to depart from Ms. Foxx.

“Central to the candidacy of O’Neill Burke, a former prosecutor, defense attorney and judge who comes off as tough and determined, is the notion that the office of the Cook County state’s attorney is a vessel that has teetered too far to the port side when it comes to delivering justice and keeping Chicagoans and suburbanites safe,” wrote the paper’s editorial board.

Ms. Burke has also been endorsed by the editorial board of The Daily Herald, a top news source in Chicago’s suburbs.

The outlet wrote that she “recognizes the value of and need for many of the reforms implemented in Illinois in recent years, but she also shows a special determination not to let them diminish the office’s power to discourage people inclined to commit a crime or to prosecute those who do.”

Mr. Smith called for Chicago to return to the “broken windows” strategy of prosecuting all types of crime including lesser offenses in order to discourage people from committing more serious crimes. He said he is unsure if Ms. Burke will follow that approach but noted that she has called for accountability when it comes to prosecuting criminals.

Ms. Burke’s victory could be part of a domino effect when it comes to challenges for progressive prosecutors.

In Los Angeles County, George Gascon is facing a runoff challenge, while Marilyn Mosby was ousted in Baltimore. Kim Gardner resigned as St. Louis’ district attorney. Chesa Boudin was recalled as San Francisco’s district attorney in 2022.

“It shows that the more voters who learn about these policies and the harmful consequences of these policies, the more pushback many of these rogue district attorneys will hopefully start to get,” Mr. Smith said.