Chicago state’s attorney stepping aside: Looking back at Kim Foxx regime
Rachel Schilke
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Cook County State’s Attorney Kim Foxx is not seeking another term, which will mark the end of her eight years serving the Chicagoland area that has been filled with both praises by criminal justice reform activists and criticism from traditional tough-on-crime supporters.
Foxx, the first black woman to hold the position, announced on Tuesday that she would not be running for reelection, much to the dismay and joy of Illinois lawmakers, prosecutors, and elected officials.
COOK COUNTY STATE’S ATTORNEY KIM FOXX WILL NOT BE RUNNING FOR REELECTION
“I leave now with my head held high, with my heart full, knowing that better days are ahead,” Foxx said during her speech at the City Club of Chicago luncheon.
She has defended her record against critics amid a surge in crime rates, with opponents blasting her for her perceived soft-on-crime approach in prosecuting and her handling of high-profile cases such as musician R. Kelly and actor Jussie Smollett.
Here are a few instances in which Foxx’s methods came into question over the years.
Prosecuting high-profile cases
Foxx constantly drew criticism from Mayor Lori Lightfoot, fellow prosecutors, and community members for the way she prosecuted, or declined to prosecute, several high-profile cases.
In October 2021, prosecutors under Foxx rejected charges against several people who were responsible for a deadly West Side shooting that left one person dead. Five people were taken into custody as people of interest but were all released without charges.
Lightfoot had said during a news conference at the time that the decision was a matter of “deep concern” to her.
Foxx’s office also came under fire after her office dropped charges against Empire actor Smollett in 2019 over his claims that he was the victim of a racist and homophobic attack that he later was found guilty of staging. Special prosecutor Dan Webb later reinstated six counts, five of which Smollett was convicted of.
Webb later released a report in August 2020, which stated that while Foxx and her office did not commit any crimes while prosecuting the case, he did find evidence of “substantial abuses of discretion and operational failure” that occurred during the Smollett case and dated back for years.
Foxx said during her speech on Tuesday that she has to defend her decision to drop nonviolent charges against Smollett more than any other case.
“I mean, I’m not here to judge where we put our priorities, but the fact that I have been asked and that more ink has been spilled by editorial pages and newspapers and reporters that probably when I leave this Earth, my epitaph, my obituary will mention Jussie Smollett makes me mad,” Foxx said.
Her office was also blasted after prosecutors dropped four sexual abuse and sexual assault indictments against singer R. Kelly. Foxx defended the decision by claiming he would already spend the rest of his life in prison, so resources would be better used elsewhere.
Irv Miller, a former Cook County prosecutor, told CBS News that policy issues and management style were Foxx’s biggest problems.
He said in the past, if someone committed a crime, they had to “pay the price.” Foxx, he said, essentially changed the “philosophy of the State Attorney’s Office.”
“She came in there with a different theory — basically a restorative justice type theory, where she tried to go over and above what a prosecutor typically does,” Miller said. “A lot of people said she was really the public defender of Cook County and not the state’s attorney of Cook County.”
Crime rates and cash bail
While crime and violence dropped during Foxx’s first three years in office, the COVID-19 pandemic reversed that trend beginning in 2020. In Chicago, like many major cities, homicide rates have decreased, but the number of less dangerous crimes, such as motor theft and burglary, has skyrocketed.
Between 2021 and 2022, overall crime in Chicago increased by 41%, with theft driving the overall increase, per a report from the Chicago Police Department.
The city reported at the beginning of March that the number of homicides in the first months of 2023 was below each of the last two years. Chicago reported 132 shootings in February, the lowest total for any February since 2019.
Foxx has taken hits from critics after she supported a criminal justice reform law to end cash bail across Illinois. Under the law, Illinois would no longer use a cash bail system, instead using a “pretrial release” system.
However, the law is currently stayed and in the hands of the state Supreme Court to determine whether the constitution tethers Illinois to cash bail.
Departing prosecutors
When Foxx took office, she installed several progressive-leaning criminal justice reforms, including establishing a new threshold for prosecutors to seek felony charges in retail theft cases. She also oversaw the expungement of several low-level marijuana convictions.
However, crime victims’ families also began complaining of the rise in pending cases in Cook County. An investigation from CBS 2 News determined that more prosecutors resigned in 2022 than in any other year within the last decade.
As of April, the office has 143 vacancies, which accounts for 18% of the assistant state attorney’s positions that Foxx’s office is budgeted for, per the outlet.
While Foxx’s office said it did not affect their ability to prosecute cases, it does shed light on how prosecutors viewed Foxx’s leadership and approach to prosecuting.
Lightfoot vs. Foxx
Lightfoot and Foxx had a tense relationship throughout their tenures that mostly operated behind the scenes. Lightfoot supported Foxx’s first run for state’s attorney in 2016 and during the early part of her administration, but they began to clash in 2020 over criminal justice issues and Foxx’s soft-on-crime approach.
Text messages obtained by the Chicago Tribune showed that Lightfoot was criticizing Foxx for “handing out certificates of innocence like they’re candy.”
Foxx had responded to the message, saying, “I’m assuming they misquoted you given we don’t give certificates, judges do. If in fact you said this, I remain disappointed that you continue to say things that aren’t true.”
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After Lightfoot apologized and said her comments were “inartful” but not “accurately captured,” the outgoing mayor continued to write out long messages detailing the conviction process and Foxx’s handling of “legacy issues with the CPD.” In response, Foxx fired off a curt message to Lightfoot.
“Lori, you were wrong. Period. Your apology was sufficient. This is bulls***,” Foxx said. “You need not write a dissertation for fear of FOIA. Just be honest. That’s all. Just be honest.”