Burr Ridge Forms Local Court To Handle Smaller Issues

BURR RIDGE, IL — Burr Ridge decided this week to create a local court that would handle lesser violations, rather than have them go through county courts. Its first hearings are expected in January.

At a Village Board meeting Monday, trustees voted unanimously to create the court, called the "village adjudication program," and appoint its hearing officer.

At a meeting in September, Police Chief John Madden said one of the big advantages of municipal adjudication is a lower burden of proof — a "preponderance of evidence," rather than "beyond a reasonable doubt." This means police officers do not need to be present at hearings, the chief said.

Such a savings on officers' time is especially beneficial given that the field court in Downers Grove is moving to Wheaton, which is farther, officials said.

The new Burr Ridge Court would be unable to handle vehicle code cases, village officials said. But they said the court could address a number of other issues, including vehicle tows, impound fees, parking tickets, building and zoning, disorderly conduct, retail theft, offenses involving alcohol and minors, solicitors and animal code.

In another action, the board approved an "administrative" fee for when the village seizes and impounds cars suspected to have been used in the commission of crimes.

Under state law, the maximum tow fee allowed is $500, but a town must show that the fee only covers the costs of seizure and impoundment. The police department determined the cost of each impoundment is $350, officials said. The cost includes staff, vehicle depreciation, fuel and documentation, they said.

Interim Village Administrator Evan Walter said the tow fees would let the village recoup costs, which it was unable to do before.

"This is not a money-making venture," Walter told the board. "We wanted to be very sure we were not charging more than we had to, and we wanted to be sure if it came to it, we could defend this fee in court. We did not want to leave the village open to liability by charging offenders too much."

In other action, the board voted for Denise Filan, a Burr Ridge resident and a retired Cook County circuit judge, as the village's adjudication hearing officer. She is set to get $225 an hour.

The village said three other "highly regarded" attorneys were considered for the position.

Mayor Gary Grasso, a lawyer, praised Filan's qualifications for the job.

"I know she has been vetted. I know she has a great reputation. I don't know her personally, but I know her reputation," Grasso said.

Deputy Police Chief Marc Loftus said Filan is an administrative law judge for many towns.

"She is a person who brought this to us a long time ago," Loftus said. "Chief (John) Madden will tell you that she really put the bug in our ear that this is something we should be doing as a municipality."