Should David Bruun, a disbarred attorney who was convicted in 1998 of stealing from a disabled man's trust, be held in contempt of court for failing to make restitution payments for several years?
A judge was ready to consider that question Wednesday until Bruun filed two last-minute motions to dismiss the case.
Kane County Judge James Hallock will hear arguments June 28 on Bruun, whose criminal history surfaced several years ago when he was hired to oversee elections in Kane County.
Hallock will decide whether to dismiss the case. He also will hear the state's argument that Bruun, 71, of Elgin Township, has failed to make monthly restitution payments since late 2008.
"Nothing's been paid since that time," said Jody Gleason, Kane County first assistant state's attorney, after a brief hearing Wednesday.
Bruun was charged in 1998 with stealing $500,000 from a disabled man's trust.
Bruun was convicted, sentenced to prison for eight years, and ordered to pay $254,000 in restitution to his victim, a St. Charles man.
While it was unlikely Bruun would ever pay the total amount, he was required by court order to pay $320 a month to the victim through June 2011. The last payment was made in October 2008, according to court records.
Bruun was hired as the county's Director of Elections but resigned in 2007 when his criminal past came to light.
Bruun, who also has been disbarred but is representing himself in the matter, declined to answer questions outside of court Wednesday.
He did tell Hallock that he believes the Kane County Circuit Court no longer has a say in the matter.
"The jurisdiction of the circuit court ended when the defendant was released from (mandatory supervised release) in 2004," Bruun told Hallock.
If found to be in contempt of court, Bruun can't be sent back to prison because he's served his time on the theft charge. But Hallock also has other punishments at his disposal, including jail time.