State’s Attorney Foxx Announces Release of “Do Not Call List” of Law Enforcement Officers

CHICAGO – Cook County State’s Attorney Kim Foxx today announced the release of a public “Do Not Call List” of law enforcement officers who will not be called to give testimony under oath as a witness in criminal cases. The release of the “Do Not Call List,” is part of the State’s Attorney’s commitment to transparency and the broader modernization of the Cook County State’s Attorney’s Office’s (CCSAO) Brady Giglio policy which outlines the procedures that prosecutors must follow when disclosing information that could question the credibility of government witnesses.

“The culture that allowed disreputable law enforcement officers to testify in court propelled Cook County’s reputation as the wrongful conviction capital of the country,” said State’s Attorney Foxx. “Releasing our “Do Not Call List” and updating our internal policy regarding witness disclosure are necessary steps to improve the office’s prosecutorial integrity and help rebuild public trust in our criminal justice system.” 

“Brady Giglio” is named after two landmark U.S. Supreme Court cases - Brady v. Maryland and United States v. Giglio. The Supreme Court’s rulings in these cases established a prosecutor’s constitutional obligation to disclose impeachment information to the defense.

“Impeachment” information is evidence that the defense could use to question the credibility or reliability of a government witness, including law enforcement officers. Failure by prosecutors to disclose such information could be a violation of a person’s right to due process and lead to a new trial for the defendant.

Under the Brady Giglio policy, Assistant State’s Attorneys (ASAs) will engage in a thorough vetting process to determine witness credibility, whether the witness is a layperson, expert, or law enforcement officer. ASAs must alert their supervisor and the CCSAO’s Chief Ethics Officer when there is evidence questioning the credibility of a government witness. If the Chief Ethics Officer decides that disclosure is needed on a police officer, the CCSAO will disclose the evidence as soon as practicable to the defense, witness, and the witnesses’ agency. 

Under the Brady Giglio policy, the CCSAO will maintain two lists of law enforcement officers and expert witnesses who required disclosures:

• The “Disclosure List” will serve as an internal database to the CCSAO and contain witnesses subject to disclosure due to potentially impeaching material.  
• The “Do Not Call List” will serve as a publicly available database listing the names of law enforcement officers that will not be called by the CCSAO as witnesses in any proceeding due to various factors including but not limited to current and past conduct investigations, allegations of misconduct, and officers who have been stripped of their police powers. 

The release of the “Do Not Call List” follows a series of reforms implemented by the CCSAO in recent years to improve transparency, fairness, and accountability in the criminal justice system. The reforms include policies that prioritize treatment for non-violent offenders suffering from mental health challenges, advocating to overturn wrongful convictions, and expunging thousands of non-violent drug convictions. The “Do Not Call List” can be accessed by visiting cookcountystatesattorney.org/bradygiglio.

The Cook County State’s Attorney’s Office (CCSAO) is the nation’s second-largest prosecutor’s office and is led by Cook County’s first Black woman State’s Attorney, Kim Foxx. Foxx brings her vision to this office to fairly administer justice in the pursuit of thriving, healthy, and safe communities for every person who steps foot in Cook County, no matter their race, income, or zip code. Foxx has been recognized as one of the most progressive prosecutors through her forward-thinking, innovative strategies to intercept the cycles of violence and crime and bringing change to a criminal justice system rooted in systemic racism. Follow @SAKimFoxx on Instagram, Twitter, and Facebook and @CookCountySAO on Twitter and Facebook.