Livingston County State's Attorney Seth Uphoff is running against the state's attorney from neighboring Ford County, Randy Yedinak.
What is your view of the current state's attorney's performance?
Uphoff: I have been working hard to provide strong prosecution and steady leadership for Livingston County. I have strived to ensure that victims' needs are being met, that defendants are being treated fairly, and to provide sound and sensible advice to the County Board. I have successfully prosecuted several high profile cases in my first term, including the prosecution of the murder of a 4-year-old foster girl, whose case was left uncharged by those in the office before me — including my opponent. I have worked hard to try to reinstitute the separation of powers and checks and balances that are the cornerstones of our governmental system. I have been diligent in respecting the fiduciary responsibility incumbent upon all elected officials and have already come in over $250,000 under budget in my first term. Overall, I believe I have provided a high level of performance to Livingston County.
Yedinak: I think the current state's attorney likes the idea of being state's attorney more than actually carrying out the duties of a state's attorney. The only thing he has been able to accomplish in his 3 ½ years is fight with everyone (judges, sheriff, circuit clerk, probation, police, etc.) and to no end. He has nothing to show for these battles other than thousands of dollars in wasted taxpayer money and countless losing appeals to higher courts. He and his supporters will tell you that he is taking on tough issues and standing up for the people. He picks fights, loses them, appeals the loss and then loses the appeal. Again, I ask, to what end? All one has to do is search the public records of Livingston County to see the plea deals his office agrees to in order to avoid trial. He is rarely in the courthouse, and it is even rarer to find him in court (I know from having worked in his office for 1 ½ years). If he put half as much effort into the administration of his own office as he does attempting to control others, the county would be better off.
How would you improve the state's attorney's office?
Uphoff: Areas in which I would like to continue working to improve the office are domestic violence, assisting child victims, and Internet crimes against children. I have been working to help improve the prosecution of those cases; working with agencies like ADV & SAS (A Domestic Violence & Sexual Assault Service), Children’s Advocacy Center (CAC), and the Illinois Internet Crimes Against Children Tax Force (ICAC). I am currently working in conjunction with the CAC to enlist the use of a comfort dog to aid child victims in opening up to law enforcement in their interviews and to help them through the difficult process of facing the offender and testifying in court. It may even be possible for Livingston County to obtain its own dog for that purpose. I also intend to continue to try to provide better and more comprehensive service to the County Board’s civil matters.
Yedinak: I care deeply about the office and mission of the state's attorney's office. I will do everything in my power to ensure individuals are held accountable for their actions. In my experience, I have come to realize that we deal with two types of criminals in the criminal justice system: Those we are scared of, and those we are mad at. Those we are scared of are the ones that our prisons are reserved for. As for the ones we are mad at, we need to come up with a more efficient, cost effective manner to hold these individuals accountable. That is where problem-solving courts (for example, drug court, mental health court, etc.) come into play. These courts attempt to address the root of the problem (in other words, why the defendant continues to break the law) in ways that costs significantly less for taxpayers. In order for these courts to exist, the state's attorney's office must agree to participate. Neighboring counties (McLean, Logan, Ford) utilize these courts to much success. The current state's attorney refuses to participate. I support these programs and would look to immediately implement them upon taking office.
How would you approach plea agreements?
Uphoff: I approach plea agreements as I do prosecution — one case, one face, one name at a time. Every person who comes into the criminal justice system comes in with a different set of facts, a different background, and a different criminal history. Each of those factors must be taken into consideration when attempting to determine a just outcome. I believe a prosecutor must work to strike a fair balance between the needs of protecting the public and not further burdening an already overburdened system. Each case must also be evaluated on the strength of the evidence acquired, the probability of success at trial, and the impact on the victim. My office takes these determinations seriously, as they have an impact on the victim, the defendant, and the community.
Yedinak: I would approach plea agreements the same way I have always approached plea agreements. I take into the account the actual crime committed combined with the defendant's prior criminal history as well as any input from the victim (if there is a victim to the offense). Taking into account all of those variables, my job is to come up with a plea offer that I believe is fair and consistent with other offers made in the past.
How would you involve victims in your decision-making process?
Uphoff: In recent years, the state of Illinois has mandated that victims be granted a greater role in how cases are resolved. However, beginning prior to those mandates, I have always worked to incorporate the input of the victim as much as possible. Victims in lower level offenses often do not have as much of a personal interest in the outcome as those who are victims of more serious and more personal offenses, but the effect on the victim is always a consideration for the prosecutor. The more serious and more personal the case, the more we try to determine the effect a particular route may have on the victim. It’s not uncommon for victims of sexual assault to want to avoid testifying at trial because of the re-victimization that can occur. They don’t want to be forced to re-live the event in front of a room of strangers. They don’t want to be vigorously cross-examined and made to feel like liars or exaggerators. They may not want the uncertainty that comes with a trial, as opposed to the admission of guilt that comes with a plea. These are considerations that I weigh carefully when determining whether a plea will be offered, and if so, what that plea will be. There may be times when the victim and the prosecutor cannot exactly agree on a course of action because sometimes the realities of the criminal justice system do not align with the ideal outcomes of the victims. However, I’ve been fortunate to have been able to work closely with victims of serious crimes to reach just outcomes that also meet their needs to be able to successfully move forward in their lives.
Yedinak: I always try to include victims in cases to the extent that they want to be involved. I discuss with them the potential charges and what I think the likely outcome will be. I also ask for their thoughts on the case, including their thoughts on an appropriate sentence, while informing them that it is ultimately the state's attorney's decision on how the case is handled. This comes in many forms. I have, on too many occasion, met with minor children in sex assault cases. It is important to form a bond with the victim so that they realize you are on their side. While I can never promise victims anything, I always inform them that I will do everything in my power to make sure the person that hurt them is held accountable. It is a weighty and profound responsibility to have, and I do not take it lightly.
What message should law enforcement send to victims of sexual crimes?
Uphoff: We are here to help and protect you, not to judge you. Too often, victims of sex crimes are afraid to come forward. Sometimes the source of that fear is the offender; sometimes it’s the system or society. They may be afraid that they will not be believed. They may fear that even if they are believed, they will be judged or labeled. It’s the job of law enforcement and the prosecution to ensure those victims know we are here to provide them a place of refuge.
Yedinak: I believe the message that should be sent is one of encouragement. Encouragement to report incidents when they occur. Encouragement that they will be heard, believed and that those who are responsible for their harm will be held accountable. These have been the biggest hurdles I have dealt with when prosecuting an individual for a sexual assault. Oftentimes the victim feels they are being victimized all over again by the process. Shifting that focus and encouraging the victim that the police and the state's attorney believe them and are doing everything imaginable to bring their attacker to justice is vital.
When should the state's attorney appoint a special prosecutor to handle cases?
Uphoff: Statutes and case law outline the times when a prosecutor is required to seek the appointment of a special prosecutor. In the most general sense, a prosecutor should seek a special prosecutor when there is a conflict that will prevent the prosecutor from being fair in the handling of the matter. Most frequently, a prosecutor has a conflict when they have a personal or professional stake in the outcome. However, there may also be times when there’s not an actual conflict, but there may be the appearance of one. Some such circumstances may present a situation where the prosecutor should seek another to handle the case in order to avoid even the appearance of impropriety.
Yedinak: Pursuant to Illinois law, a state's attorney may petition the court for the appointment of a special prosecutor in those cases where the state's attorney has a conflict of interest or for any reason he or she deems appropriate. It is then up to the court whether a special prosecutor is actually appointed. Special prosecutors are seen, most commonly, in cases where the state's attorney has a conflict of interest. For example, the state's attorney represents the county and its elected officials. Should an elected official be charged with a crime, the state's attorney cannot, legally or ethically, represent that elected official and prosecute them at the same time. Therefore, a special prosecutor would be appointed. Additionally, from time to time, a close friend or family member of the state's attorney may be charged with a crime. Ideally, the state's attorney would treat that person the same as anyone else, most state's attorneys would ask to have a special prosecutor appointed simply to avoid the appearance of impropriety.
How open should a state's attorney be with the public? What information should be kept secret?
Uphoff: Ethical rules generally guide what information a prosecutor can or should make public. The prosecutor has an ethical duty, not just to the public, but also to the accused. Prosecutors are not to simply seek a conviction, but are to seek justice. In order to ensure the defendant receives a fair trial, the prosecutor must be careful not to improperly heighten the condemnation of the accused. However, a prosecutor must balance that consideration with the need to provide enough information to the public to ensure the public’s safety and keep them truthfully informed.
Yedinak: As a public office elected by the people, the state's attorney's office should be as open to the public as possible. There is information held by the state's attorney's office that is private (dates of birth, Social Security numbers, driver's license numbers, etc.) contained in police reports received by the state's attorney's office. That information should not be shared with the general public. Additionally, embarrassing details regarding sexual assaults or crimes against minors need to kept private to avoid further traumatizing the victim. This can be a fine line — ensuring the public knows what's going on while protecting the privacy rights of those who have been harmed. Thankfully, prosecutors are governed by ethical rules and regulations that dictate what can and can't be shared regarding individual cases. We are strictly prohibited from giving too much detail regarding pending cases. This is mainly done to ensure that the defendant is given a fair trial.
Other than health, why would you resign your position mid-term?
Uphoff: It’s difficult to consider all of the potential issues that could arise that would cause anyone to question whether they should leave their employment. However, other than health, the only reason I would resign my position mid-term is if there were a family emergency necessitating the change. I was elected to serve the people of Livingston County, and I take that responsibility very seriously. I gave my word to fill out my term as the voter’s chief prosecutor, and aside from addressing the concerns of my family, which are paramount, I would not resign my position mid-term.
Yedinak: Other than my own health, or issues related to the health of a loved one, I see no reason why an individual would resign as state's attorney mid-term.