Judge Bars Warrantless Civil Arrests at Cook County Court (1)

Defendants, witnesses, and other parties to cases in Chicago-area county courthouses can’t be subject to civil arrests without a judicial warrant, the Chief Judge of Cook County Circuit Court said in an order effective Wednesday.

Judge Timothy Evans signed an order that “reaffirms the common law privilege against civil arrest while attending court, vested in both the Court and the parties, as essential to its authority and function, and issues this order to confirm its continued application.”

The order comes as the Trump administration’s escalating immigration crackdown has seen federal agents aggressively detaining people around Chicago and its suburbs.

The rule had been requested by the Cook County Public Defender’s office along with multiple activist groups and legal aid clinics, which called on Evans to issue guidelines barring such arrests. Immigration and Customs Enforcement activities have had a chilling effect on courthouse operations, they said.

“No longer will federal immigration agents be permitted to use our court system as a way to target people who are complying with court orders or supporting loved ones,” the Public Defender’s office said in a statement lauding Evans’ order.

The statement further urged the Illinois General Assembly to pass legislation codifying a statewide prohibition on courthouse warrantless civil arrests.

Evans’ order applies to any arrests made without a judicial warrant or judicial order and governs Cook County courthouses as well as nearby public driveways, sidewalks and parking lots.