Missing: Appellate court security guards

The Second District Appellate Court in Elgin was short on security this month after the Kane County Sheriff's Department said it could no longer afford to help out.

But court officials say that might not be an option for the police agency, which appears bound by state statutes to provide courtroom security there when needed.

Second District Appellate Court Clerk Bob Magnan said the courthouse at 55 Symphony Way has two of its own security officers at entrances, but the sheriff's office has provided courtroom officers and security to lawyers and their clients since 1966.

On Jan. 18, he said, the sheriff's office informed the court that service was no longer available, due to a "budget crunch." As a result, courtrooms were not completely secure for 13 oral hearings that took place over three days the following week, he said Wednesday.

"It was like we had the rug pulled out from under us," Magnan said.

Magnan responded with letters to Kane County Board Chairman Karen McConnaughay, State's Attorney John Barsanti and Sheriff Pat Perez, who defended his office's decision.

"They were not left high and dry," he said.

By law, Perez said, his office is required to provide security for a fee unless there are no officers available, which he argues is the case because of ongoing budget shortfalls. The sheriff said he also took into account the fact that the appellate court has two armed officers of its own and that it has never paid his office for its services.

"I'm confident we'll negotiate this, and we'll do it sooner than later," Perez said. "But I'm not hitting any panic button."

The situation frustrated McConnaughay, who said the sheriff erroneously indicated the county board was behind the change.

"The county board never had a conversation with the sheriff about his inability to provide court security. And even if it did, the board does not have the authority to order him to stop providing a required service," she said. "Once we give him his budget, how he runs his offices is completely up to him."

According to Barsanti, state law appears to require Perez to provide the service, but specifics about the level and placement of security are less clear.

He also confirmed the appellate court has never paid the sheriff for security, while other courts such as the Judicial Center in St. Charles have made payments funded by conviction fees, as the law suggests should be done.

"It looks to me like somebody's going to have to cough up money," Barsanti said. Magnan said the appellate court sees far less traffic than the criminal or civil courthouses in St. Charles and Geneva, "but we have just as volatile cases."

"We've really counted on the sheriff, and they've bent over backward to help us," he said. "That's why we're so shocked."