feature

Judge removes Madison Co. State’s Attorney from investigation of County Officers –

COLLINSVILLE, IL. (ECWd) –

Last year, the Madison County State’s Attorney Thomas Gibbons and a special task force conducted a raid on certain Madison County Offices.

In a case brought by the subjects of a raid of their county offices, Douglas Hulme, Rob Dorman, Stephen Adler, and Kurt Prenzler sought to remove the Madison County State’s Attorney from these investigations citing actual conflicts of interest.

The Madison County Circuit Court:

  • DENIED the State’s Atty’s Motion To Strike Or Dismiss
  • REMOVED the Madison Co. State’s Atty’s Office from the investigation and appointed the Illinois Attorney General
  • DENIED Petitioner’s request for private counsel at county expense, appointed the State’s Atty to defend them
  • DENIED State’s Atty’s petition to stay all discovery

This Court acknowledged, once again, that a State’s Attorney represents the people of the State of Illinois and the county officers of his county.

Read the Order below or download at this link.

PDF5741

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Categories: feature, Madison County

3 replies »

  1. Sorry I have been indisposed and could not submit my previous reply any sooner to your prior request for clarification in the matter of it being illegal for an Officer to hold an elected Office.

  2. It is illegal for a Police Officer to hold an elected Office due to the conflict of interest between these two offices! Where in 1983, the Illinois Appellate Court held that an elected official may not be employed by a police department under the authority of that official.

    See also the Illinois Municipal leagues Legal Q & A By BETH ANNE JANICKI, Chief Legal Counsel, IML and LORI ANN VERKUILEN, Paralegal, IML from (February 1998) on pages 3 and 4. Quote “After the Rogers v. Tinley Park decision, the statutes were amended to permit an elected officer to take a leave of absence from another municipal office which is in conflict.

    Thus, a police officer may hold an elected office only if he or she takes a leave of absence from the position of police officer”. Beside for ROGERS v. VILLAGE OF TINLEY PARK there has since been other cases brought in Illinois with similar circumstances that have resulted in the same ruling.

    In Williamson County the Court ruled Officer Angelo Hightower must give up his cop job. While there is no criminal penalty that exists for violation of the law of compatibility, a civil proceeding may be brought by any state and local authority or by a private citizens to remove an official holding a dual offices from which ever office was held first.

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