June 20, 2007
"DEVINE DECEPTION" SEEN IN STATE'S ATTORNEY RACE

ANALYSIS & OPINION BY RUSS STEWART

Cook County State's Attorney Dick Devine is renowned for his policy of being neither seen nor heard. Unlike boisterous, politically ambitious, headline-grabbing predecessors Ben Adamowski (1956 to 1960), Ed Hanrahan (1968 to 1972) and Jack O'Malley (1990 to 1996), Devine is so unassuming, unambitious and low-key as to be almost subterranean.

Devine knows his place and his role: His place is to be a loyal cog in the Democratic political machine of his mentor, Mayor Rich Daley, for whom he served as first assistant state's attorney during Daley's years in the post, from 1980 to 1989, and his role is to watch the mayor's back, which means not launching any investigations into "official corruption" in city or county government.

With 44 convictions in the U.S. Attorney's Office's Hired Truck Program probe, with the feds having raided the County Building to seize personnel records, and with dozens upon dozens of revelations of nepotism, cronyism, favoritism and sweetheart deals in county government, the obvious question is: Why are Dick Devine and his cadre of crime-busting prosecutors missing in action? Why are they deferring to the feds?

Their excuse is that the focus of his office is on the prosecution of street crime. But the focus of the 2008 campaign will be on the issue of off-street crime, namely, malfeasance, misfeasance and nonfeasance by elected public officials and their subordinates.

"One family runs the entire operation," said Republican county Commissioner Tony Peraica, referring to Chicago and county government, and specifically to the Daleys. "One family controls the $6 billion spent by the city, the $3 billion spent by the county, the $1 billion spent by the CTA and the $6 billion spent by the Board of Education."

"I'm seriously considering running (for state's attorney)" in 2008, Peraica said. "It's time to audit the books and throw out the crooks. It's time for law and order, and for reform. And it's time to get rid of Dick Devine," whom Peraica called a "toady" for the Daley family.

But, according to political insiders, the so-called toady may be poised to hit the roady. The consensus is that Devine, age 63, first elected in 1996, will not seek a fourth term in 2008. "He has not made any statement of intention," said John Gorman, Devine's media spokesman, who said that Devine will decide if he's running "by late August." Asked to provide a list of Devine's accomplishments during 12 years in office, Gorman faxed a sparse, four-paragraph summarization.

With the 2008 primary moved up to Feb. 5, the first day to begin circulating nominating petitions is Aug. 7, and the filing deadline is Nov. 7.

A large field of Democrats are eyeing Devine's job, including county Commissioners Mike Quigley and Larry Suffredin, Aldermen Pat O'Connor (40th), Tom Allen (38th) and Howard Brookins (21st), Sheriff Tom Dart, county Treasurer Maria Pappas and first assistant state's attorney Bob Milan. Quigley, Suffredin and Brookins are self-proclaimed "reformers" and critics of Rich Daley, John Daley and Todd Stroger. Brookins is black, and he would have the support of U.S. Representative Jesse Jackson Jr.'s organization. The longer Devine vacillates, the more convinced his potential successors will become that another "Sheahan Switcheroo" is afoot.

It will be recalled that Mike Sheahan, who served as sheriff for 16 years, announced his intention to retire just 2 days before the November 2005 Democratic slate making and 2 weeks before the filing deadline. He endorsed Dart, his chief of staff and fellow 19th Ward Democrat, and Dart was slated primarily because nobody else had time to get a candidacy organized. Dart was nominated because he faced desultory opposition.

It could be deja vu in 2007, with a "Devine Deception" delaying or discouraging opposition. "The 19th Ward, the South Siders and the Daley people all want Milan in the job," said one well connected Democrat. "But he is unknown and could never win a primary. So watch Devine announce, circulate petitions, file, and then withdraw on the last day, and watch Milan file on the last day."

Attorney and political activist Frank Avila agrees: "There are personal scandals, personnel scandals and professional scandals" in the office and attaching to Devine. "He had easy races in 2000 and 2004. He won't have an easy race in 2008. He'll quit."

Here's a summary of key issues:

*Be careful whom you prosecute (or fail to prosecute). Back in 1996, Republican incumbent Jack O'Malley was thought a cinch for re-election, and he was being boomed as a candidate for governor in 1998. O'Malley defeated appointed black incumbent Cecil Partee in 1990 by 186,640 votes, with 53 percent of the votes cast, and O'Connor in 1992 by 476,084 votes, getting 61.7 percent of the vote. Devine was supposed to be a sure loser. However, O'Malley's successful prosecution of U.S. Representative Mel Reynolds for sexual misconduct got him headlines but alienated black voters. Also, he ran an inoffensive campaign, failing to give independents and minorities a reason to vote against Devine. In a year when Bill Clinton won Cook County by 691,732 votes, O'Malley lost by 97,410 votes.

Devine's legal albatross is former Chicago police commander Jon Burge, who was accused of allowing 148 suspects, almost all black, to be tortured in Area 2 and Area 3 lockups in the early 1980s. At the time Daley was the state's attorney and Devine was his top assistant. A report released in 2006 ripped then-police superintendent Richard Brzeczek for "dereliction of duty" in not investigating Burge, and attorney Flint Taylor, whose People's Law Office has brought federal civil suits for damages against the city, said that "Daley and Devine are ultimately culpable . . . What did they do? Nothing." Burge was fired in 1993, but officers cannot be criminally prosecuted, due to statutes of limitation.

In a Democratic primary, the Burge issue could estrange blacks from Devine. Gorman, however, noted that Devine has brought charges against 125 police officers during his tenure.

*Be careful whom you hire. For years and years, Teri Sanchez was the most powerful bureaucrat in Devine's office. She was the deputy chief of the Administrative Services Bureau, allegedly controlled the hiring of all non-attorneys, and she directed vehicle assignment. But Sanchez got her niece and niece's husband jobs, despite a criminal history. When both were charged in 2006 in a shakedown scheme, Sanchez resigned. Devine's relationship with Sanchez surely will be fodder in the 2008 campaign.

*Be credible. In 1997 Devine's office initiated an investigation into the dealings of Alderman Ed Burke and former alderman Patrick Huels. Nothing resulted. In 2000 Devine launched an investigation into alleged bogus overtime and mileage expenses in the city Department of Streets and Sanitation, with the Sun-Times calling it a "rare public corruption investigation" by Devine's office. If the 2008 primary and election are about "corruption," Devine is vulnerable.

Here's an early analysis:

Devine easily won the 2004 primary, trouncing Tommy Brewer, who is black, by 488,353-128,031, with 79.2 percent of the vote. That won't be the case in 2008. Black voter turnout will be high, due to Barack Obama's presidential candidacy, as will Hispanic turnout, due to the 4th U.S. House District primary.

Brookins is sure to run. A Daley critic, he supported the mayor in opposing the "big-box" living wage ordinance, and he beat a pro-union challenger in the April aldermanic runoff. With Jackson's backing, he will get a sizable black vote -- probably around 300,000.

Suffredin, with his girth and beard, is the Falstaff of county politics. He's also a shrewd political operator. His base in Evanston and Skokie and the support he receives from U.S. Representative Jan Schakowsky's organization make Suffredin the logical white "reform" candidate. Quigley, however, with his base along the Lakefront and among gays, aspires to the Cook County Board presidency in 2010, and a 2008 countywide race would give him visibility. It also would divide the white liberals, and both he and Suffredin would lose.

O'Connor, who has been an alderman since 1983 and who is the chairman of the City Council Education Committee, wants a second crack at Devine's job. But he has baggage, not the least of which is his "Vrdolyak 29" connection. "Pat's a great guy, but he can't sell himself to black voters," said one Northwest Side committeeman.

My prediction: It takes 12,500 signatures to get on the Democratic primary ballot, and Brookins, Suffredin and Quigley are ready to go. If Devine runs against just Suffredin and Brookins, he will win. But if the field has five or more white candidates, Brookins will win. If Devine is replaced by O'Connor or Milan and Quigley doesn't run, Suffredin will win. If Devine is replaced by Dart, then Dart will win. If Daley decides to go outside the box and pick Allen, he will win.

But then there's that pesky Peraica. A Republican was elected state's attorney in 1956, 1972, 1976, 1990 and 1992. If Democrats slice and dice themselves and pick a weak nominee or a black nominee, Peraica could win.