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Court clears way for Stroger to oust public defender

May 8, 2008

Cook County Board President Todd Stroger can proceed to fire Public Defender Ed Burnette, an appeals court ruled today.

Stroger plans to do it in as little as 12 days.

The Appellate Court of Illinois reversed a decision made last week to block Stroger from conducting a hearing on whether to oust Burnette, who was appointed to the job five years ago by Stroger’s father, former Board President John Stroger.

The unanimous decision came less than 24 hours after Burnette’s attorneys filed their pleadings before the court.

The ruling allows Stroger to set a May 20 hearing before the County Board, after which Stroger can determine whether he believes Burnette has had a “dereliction of duty” or otherwise failed to perform his job.

Stroger cites a half-dozen examples of Burnette failing to do his job, but chief among them is an embarrassing lawsuit Burnette filed against Stroger last year, attempting to block him or his employees from having to take mandated furlough days to help balance the county budget.