CHICAGO — Some Cook County prosecutors have been instructed not to subpoena witnesses for dates when their testimony is not required in court, the Tribune has learned, halting a common practice of seeking court orders summoning witnesses to meet with prosecutors ahead of trial.
A spokesperson for Cook County State’s Attorney Kim Foxx said that official guidance on the use of subpoenas is in the works but has not been finalized. However, prosecutors in some parts of the office were given the instruction last week, multiple sources confirmed.
The advisement came days after a lawsuit filed in federal court last week alleged that it is unconstitutional and abusive to subpoena witnesses simply to help prosecutors prepare for trial.
