Peoria Judge Stewart Umholtz on Aug. 31 denied a motion by Peoria Auditor Jessica Thomas’ lawyer to lift one part of a stay on the 22-month-old lawsuit for the sole purpose of dealing with the issue of his compensation.

Her lawyer, Justin Penn, of Hinshaw & Culbertson, is seeking more than $40,000 for his mounting hourly fees and reimbursement for expenses. However, a December ruling by Judge James Mack essentially froze the case and its related issues until a resolution of appeals. A May ruling by the Appellate Court that her office was legally abolished has since been sent to the Illinois Supreme Court for consideration.

The Supreme Court could rule on Penn’s appeal in the next couple of months.

Penn argued, “It is not clear from the language of the December 16, 2022, order [that] the stay applied to all matters,” but Judge Umholtz — the fourth judge to preside over Thomas’ case — disagreed. “The order was clear,” he said. That order “applies to all matters.”

Meanwhile, Peoria taxpayers are paying Penn’s firm to sue the County and other outside counsel to defend the County in a dispute over the County Board in 2021 changing the office, which last November was eliminated by 70% of the voters casting ballots.

Also, because of Mack’s ruling, taxpayers are continuing to pay Thomas her salary of more than $7,000 per month, according to Penn, although the County says she’s no longer performing her duties.