Attorney: Trustee's fate is Carpentervsille board's call

For the first time since Carpentersville Trustee Paul Humpfer was convicted on four counts of misdemeanor domestic battery, the village's attorney has provided legal guidance to the village board.

At the behest of village President Bill Sarto, attorney James Rhodes sent a five-page memorandum to trustees and village officials Monday, citing case law that could aid the board in deciding Humpfer's fate.

"Since the president and board of trustees have the authority to fill the vacancy, it is my opinion that the president and board of trustees have the authority to determine whether a vacancy exists," Rhodes wrote.

"Therefore, the president and the board of trustees may decide whether the conviction of Trustee Humpfer constituted the conviction of an infamous crime," Rhodes said.

Since Humpfer was found guilty March 5 of hitting his wife with a baseball bat, village trustees, state officials, municipal attorneys and residents alike have disputed whether Humpfer's conviction fits the "infamous crime" definition.

Last week Sarto requested both the Illinois attorney general and Kane County state's attorney begin quo warranto proceedings to remove Humpfer.

A quo warranto is a legal action that establishes the legitimacy of an officeholder.

Representatives from both offices Monday said no determination had been made and investigations are ongoing.

According to state statute, an elected official is ineligible to hold office if they are convicted of a felony, bribery, perjury or other infamous crime.

In his correspondence, Rhodes noted that Illinois statute does not define an infamous crime.

The statute, however, formerly listed offenses such as arson, bigamy and incest as infamous crimes.

Furthermore, Rhodes says no cases have reviewed whether a conviction for domestic battery would constitute the conviction of an infamous crime.

While others have contended infamous crimes are necessarily felonies, Rhodes disagreed.

"It is my opinion that infamous crimes are not limited to felonies and may be misdemeanors," Rhodes said. "The test for determining whether a crime is infamous is 'whether or not the act violated the commonly accepted principles of honesty and decency or is a crime of moral turpitude.' "

The village board likely will debate the matter at their 7:30 p.m. meeting today at village hall.