The chief judge has issued rules for officers, including ICE, when it comes to arresting people inside Lake County courthouses following the arrest of a judge in Wisconsin for obstructing.
Lake County Chief Judge Daniel B. Shanes issued an administrative order on Tuesday with certain rules for arrests in the 19th Judicial Circuit Court courthouses.
The order references the United States Immigration and Customs Enforcement (ICE) agency’s recent interim guidance regarding enforcement actions in or near protected areas, including courthouses, when ICE has information that a “targeted alien” is present.
Shanes said in the order that the 19th Judicial Circuit Court is “legally and ethically bound” to uphold and adhere to the U.S. Constitution and the State of Illinois Constitution, as well as state and federal law.
The order says that local, state and federal law enforcement officers should notify court security and local law enforcement before apprehending anyone at or near the courthouse.
Shanes also said the apprehensions of charged defendants should happen discreetly to minimize the impact on court proceedings and occur after the defendant’s court hearing has concluded.
The order allows apprehensions to occur in public areas of the courthouse as long as it does not interfere with the premises or endanger the safety of others.
Apprehension in any other part of the courthouse will require approval from the chief judge.
Shanes said no apprehension is allowed to take place within a courtroom or conference room adjacent to the courtroom unless pursuant to court order or “exigent circumstances.”
The administration order comes just days after a judge in Milwaukee County, Wisconsin, was arrested by the FBI for allegedly obstructing the arrest of a defendant.
The judge was charged after ICE agents went just outside her courtroom to arrest a Mexican national in the country illegally, while he was in court on domestic abuse charges.
The judge reportedly led the agents away from the courtroom before escorting the defendant and his lawyer through a jury door into a non-public area.