Judge rules County must use outside counsel in Thomas case
Judge James Mack on June 27 granted a motion to disqualify the Peoria County State’s Attorney’s office from representing the County Board in County Auditor Jessica Thomas’ lawsuit because the office had previously represented Thomas.
The Peoria County Board on Oct. 14 voted 16-2 to approve a $121.8 million budget for Fiscal Year
- It added and subtracted employees from different departments, including three from the Auditor’s office, and Thomas filed suit on Nov. 15.
Now represented by Justin Penn, Thomas has claimed her authority was usurped, and she seeks to restore it and her office’s funding.
The County contends that “budgetary discretion lies solely with the County Board” amd the “2022 budget does not eliminate the Auditor’s Office.”
In fact, among Thomas’ supporting materials is a 1991 letter from then-Secretary of State Roland Burris to then-State’s Attorney Kevin Lyons citing state law stating that county auditors control their offices “subject to the budgetary limitations established by the county board.”
Thomas was elected County Auditor in November 2018, after a March 2018 referendum on whether or not to retain the County Auditor’s office as an elected position or make it appointed. In a 19-vote difference, 11,052 voting to retain it and 11,033 voting to eliminate it.
Thomas hasn’t produced her monthly reports since the fall, according to County administrator Scott Sorrel, but Peoria County has an outside auditor, Sikich LLP.
Meanwhile, because no entry of an appearance by a lawyer representing the County Board had been filed by a July 8 hearing on a motion concerning the payment of $21,492 in fees billed by Thomas’ original lawyer, Katherine Swise, Judge Mack deferred a decision at least until a July 25 case management conference.
In addition to Penn and Swise, Thomas previously retained Caroline Borden and Patrick Murphy, who no longer are on the case, records show.
Burns files appeal in libel suit
The long legal fight between Kickapoo Democrat Dick Burns and Darin LaHood, Aaron Schock and the Peoria County Republican Central Committee continues as Burns last month filed an appeal of his lawsuit alleging he was libeled in a political mailing.
Burns’ lawsuit claimed that a letter signed by then-Congressman Schock and then-state Sen. LaHood and sent to area homes days before the 2014 election was defamatory and hurt Burns’ reputation and business by accusing him of misconduct.
The letter stated that Burns, who was running for the Peoria County Board against 16th District incumbent Brad Hardingk “has been banned by the Illinois State Fair from showing hogs because he has been caught seriously cheating to win contests with large prizes.”
Burns lawyer Christopher Ryan said the statements made “factual allegations which are false in their entirety.”
Peoria Judge Michael Risinger in April granted a summary judgment to the defendants and dismissed the case, filed in October 2015.
Burns’ Notice of Appeal, filed by Ryan, requests Risinger’s order be vacated amd the case sent back to the trial court.
The appeal could be considered by either the Appellate Court of the 3rd District in Ottawa or the 4th District in Springfield, according to paperwork filed with the Peoria Circuit Clerk.
— Bill Knight
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