Rose Airaldi
Associate Editor
Loyola University Chicago School of Law, JD 2026
Six years ago, the City of Chicago (the City) entered into a consent decree establishing a framework for sweeping reform of the policies and operations of the Chicago Police Department (CPD) and the City. This major reform effort was initiated after Chicago police officers shot and killed 17-year-old Laquan McDonald in 2014. Chicago’s consent decree is aimed at addressing concerns in several areas, especially police accountability and officer misconduct. Oversight is done by the Independent Monitoring Team, which reviews and assesses the City’s compliance. After almost six and a half years, the City is nowhere close to fulfilling the requirements. Even worse, Chicagoans have little faith that the City will ever reach full compliance.
The City of Chicago’s implementation of its consent decree
A consent decree is a legally binding settlement agreement approved by the court with the consent of all parties. These decrees are designed to establish sustainable reform and typically consist of “specific requirements and deadlines for action.” They are most commonly used to reform a police department or correctional system, often stemming from a lawsuit against the jurisdiction that operates “the department in question.”
In 2019, the City joined a growing list of jurisdictions operating under a consent decree. On March 1st, Chicago’s consent decree became effective, though the road to establishment spanned years and was highly contentious. The process was initiated after the United States Department of Justice (DOJ) launched an investigation into CPD’s practices in the wake of McDonald’s death. In 2017, the DOJ concluded that the CPD continually engaged in concerning misconduct – over-policing tactics, blatant discrimination against minority groups, and violence. Based on their findings, the “DOJ recommended that the City enter into a consent decree,” but the Trump administration refused.
After over 3 years of work, a “final consent decree” was approved by Judge Robert Down in State of Illinois v. City of Chicago, No. 17-cv-6260. Both CPD and the City are required to implement systems of reform to “ensure… constitutional and effective policing that keeps both community members and officers safe and restores the community’s trust in the CPD.” The consent decree encompasses 11 focus areas, including use of force, officer wellness and support, accountability and transparency, and crisis intervention.
Oversight of the decree was given to the Independent Monitoring Team (IMT), appointed by Judge Dow. The IMT is tasked with assessing the City’s progress, reporting their findings to Judge Dow, and ensuring that the CPD and the City implement reform that is measurable and has positive impacts on policing tactics.
Community response to compliance failures
Current compliance with the consent decree isn’t as high as one might hope. As of November 2024, compliance with the mandated requirements hovers around a meager 9%. “It’s been a waste of time and money,” said Sheila Bedi, professor at Northwestern Pritzker School of Law. Bedi isn’t the only one who feels this way. According to IMT’s ‘Community Service Report,’ the public confidence in reform efforts dropped to 27% in 2024 – down 4% from 2024.
Despite Chicagoans lack of confidence, the City continues to allocate hundreds of millions of dollars into reform efforts. Since 2020, more than $660 million has been approved for consent decree implementation, yet a quarter of these funds remain unspent. Mayor Brandon Johnson (Johnson) approved an additional $194.6 million for 2025 alone.
Johnson has receiving criticism for the lack of progress. The budget Johnson proposed for 2025 included cuts that would have eliminated approximately 13% of personnel responsible for consent decree implementation and follow through. Advocates argued that this blow to employment numbers would impair the City’s capacity to meet its legal obligations of the decree requirement. Former Chicago Inspector General Joe Ferguson emphasized the severity of the issue, stating “You can’t drive change when you do not even get to fulfill your leadership team that is necessary to do that.”
Illinois Attorney General Kwame Raoul (Raoul) stood firm in his expectations for law enforcement departments. In a formal letter, Raoul reminded Johnson of the obligations of the City, “I must remind you that the consent decree is not optional… The City of Chicago must deliver on its consent decree obligations.” Raoul planned to seek sanctions if Johnson decided to move forward with the scheduled budget cuts. Under mounting pressure from Raoul and reform advocates, Johnson agreed to reverse the staffing reductions.
Where does this leave Chicagoans?
Six years since the enactment of the consent decree and the City of Chicago has little to show for it. The decree was envisioned as a turning point – a fresh opportunity to rebuild the broken trust between law enforcement and the community and ensure constitutional policing practices. The reality is not as bright as promised. With compliance rates not even at 10%, the decree’s effectiveness, and future, is continually called into question.
Illinois Attorney General Kwame Raoul’s firm stance highlights a harsh, but true, reality: consent decrees, and reform promises, are not symbolic. They are binding legal commitments that must be carried out swiftly and confidently in the form of meaningful action. With the inconsistency of city leadership and downward trending numbers of citizen faith, the idea of police reform in the City of Chicago remains just that – an idea.
The shortcomings of Chicago’s consent decree illustrates the glowing potential and harsh reality of regulatory compliance networks in cities with historic roots of misconduct and discrimination. For the City to achieve tangible reform, advocates must continue to demand accountability and concrete action – not the promises of such.