The City of Chicago is reviewing whether it is required to continue paying for the civil defense of Jon Burge, the former Chicago police commander, following his recent federal conviction for lying about the torture of suspects in police custody.
The city has paid $10.1 million in outside counsel fees for Mr. Burge’s legal defense in civil cases. Mr. Burge’s accusers and their advocates are questioning why the city is continuing to pick up the costly tab for his defense after he was found guilty of perjury and obstruction of justice on June 28. Mr. Burge, 62, has been a defendant in 17 civil rights lawsuits filed in federal court.
“I don’t think Burge should get anything from the municipality, period,†said Alderman Ed Smith (28th) on Thursday.
The city’s financial responsibility for Mr. Burge is based on its interpretation of Illinois law and sections of municipal code, one which states that the chairman of the City Council’s Finance Committee — with the approval of Mayor Daley — may appoint counsel to defend former employees in civil cases, said Jennifer Hoyle, the law department spokeswoman.
The Seventh Circuit Court of Appeals in 1997 required the city to pay damages assessed against Mr. Burge in a civil case alleging torture. Ms. Hoyle cited this case as another reason the city believes it must continue to pay for Mr. Burge’s legal representation.
However, Laurie Reynolds, a professor of law at the University of Illinois, said the state law clearly allows local governments to choose whether to pay for attorney fees for former employees when they are sued for conduct that occurred on the job.
After reviewing the court decision and local code cited by the city at the request of the Chicago News Cooperative, Ms. Reynolds said “it’s pretty clear†that the city is not required to pay for Burge’s defense.
“There is no provision that you’ve shown me that seems to impose an obligation to pay for or represent him,†she said.