Kane Co. hoping to avoid coroner's legal fees in criminal trial

Kane County officials don't want local taxpayers to pay one cent of the legal fees Coroner Chuck West will incur during his criminal defense on official misconduct charges.

In a twist of irony, the county will have to fork out tax dollars to hire an outside attorney to fight the legal fees.

West was indicted last month on five felony counts of official misconduct that accuse him of taking a television from a dead man's home in Carpentersville in 2007. If convicted, he faces probation or the possibility of up to five years in prison. West has denied any wrongdoing and has said he intends to remain in office.

The county board's Executive Committee directed Kane County State's Attorney John Barsanti on Wednesday to seek a judge's appointment of special counsel to fight the legal bills on behalf of the county. Barsanti presented to the committee an undisclosed list of attorneys who are qualified to represent the county.

Barsanti will seek the appointment of one of those lawyers at or before West's next court appearance June 25. That lawyer would make the case to Judge T. Jordan Gallagher about why the county should not pay West's legal bills.

At the June hearing, Gallagher is expected to set bail for West and possibly rule on the appointment of West's attorney, Gary Johnson, as a special assistant state's attorney.

An appointment of Johnson is specifically what the county will fight. Naming Johnson a special assistant state's attorney puts taxpayers on the hook for all of West's legal fees.

County board Chairman Karen McConnaughay recognized the county may have a tough, technical fight on its hands over West's legal fees. The battle comes as former Gov. Rod Blagojevich's trial is set to begin, and taxpayers are expected to be on the hook for Blagojevich's legal fees once his campaign coffers run dry.

"There's case law on both sides of this, which is why you need representation," McConnaughay said. "We're kind of caught in the middle here. If (the county board) had the right to make the decision I can assure you the decision would be we are not interested in paying the criminal defense of an elected official. I can't go to the grocery store without somebody saying, 'We're not really going to get stuck with that bill, are we?' "

In terms of how much the fight against paying West's legal fees will cost taxpayers, McConnaughay said she hopes it doesn't take more than one or two court appearances by the outside attorney to make the county's case.