Special prosecutor on hold after Bianchi rival seeks new judge

Court proceedings that could lead to a special prosecutor investigation of McHenry County State's Attorney Louis Bianchi are on hold after the political rival seeking the inquiry asked for, and received, a new judge on the case.

Daniel Regna, who unsuccessfully challenged Bianchi for state's attorney last year, said his decision to request another judge stems 22nd Circuit Court Chief Judge Michael Sullivan's involvement in another ongoing grand jury probe.

"While I have the ultimate respect for Judge Sullivan's fairness, I believe my petition should go before a judge completely detached from the existing grand jury," he said.

Under state law, parties to a case typically have the right to one substitution of judge without having to give a reason for the change. Sullivan gave no indication he was bothered by, or considered rejecting, Regna's request.

"I see no reason not to grant it," he said Tuesday.

The case now goes to the county's Court Administration division, which will appoint a new judge within the next two days.

Regna, a lawyer from Woodstock, last week filed a petition asking for a special prosecutor to investigate allegations Bianchi used a staff member to perform campaign work while on county time.

Bianchi, a second-term Republican from Crystal Lake, denies those claims and has labeled Regna "a sore loser."

In a related development early Tuesday, Patrick Ouimet, a Chicago attorney who recently chaired the McHenry County Democratic Party, filed an appearance to represent Regna through the proceedings. Regna, a Republican, said Ouimet's involvement is not politically motivated.

"This is a serious matter and I've sought the best legal advice available," he said.

Woodstock attorney Wesley Pribla confirmed Tuesday he is representing Amy Dalby, the former Bianchi secretary at the heart of Regna's accusations. Pribla declined to comment on the case.

According to a sworn affidavit Regna filed last week, Dalby made allegations in 2007 that she had been required to perform numerous political duties while employed by the county, including setting up for a campaign fundraiser, typing letters to political supporters and maintaining campaign records.

Dalby, now a student at Northern Illinois University, has declined to comment.

Regna's allegations appear linked to another special prosecutor investigation ongoing in McHenry County. The inquiry into the possible theft of state's attorney work product appears to be targeting former assistant state's attorney and Bianchi critic Kristen Foley, according to her lawyer.

Foley, who in 2007 filed an ethics complaint against Bianchi, testified last week before a grand jury looking into the alleged theft.

Bianchi has declined to comment on the investigation, but implied last week that Dalby is somehow involved in the probe.

<div class="infoBox"> <h1>More Coverage</h1> <div class="infoBoxContent"> <div class="infoArea"> <h2>Stories</h2> <ul class="links"> <li><a href="/story/?id=275804">McHenry Co. State's Attorney wants say in rival's request <span class="date">[02/28/09]</span></a></li> <li><a href="/story/?id=274231">Ex-rival: McHenry Co. state's attorney used staff for political work <span class="date">[02/23/09]</span></a></li> </ul> </div> </div> </div>