‘I will not back down’: DuPage clerk’s dispute with county board heads to appeals court

The DuPage County clerk’s office is taking its ongoing legal battle with the county board to the appellate court.

According to a notice of appeal filed on Wednesday, the clerk’s office is seeking the reversal of two rulings last year from DuPage County Judge Bryan Chapman that both sided with the county board.

Chapman ruled in August that DuPage County Clerk Jean Kaczmarek and her office must follow the county’s accounting procedures.

Then, in December, the judge denied the clerk’s request for summary judgment, in which Kaczmarek argued that two election-related contracts were exempt from bidding rules.

Wednesday’s filing was the first step in bringing her case before the 3rd District Appellate Court. A briefing schedule has not yet been set.

Though Kaczmarek’s attorney, Ken Florey, said he will seek an expedited schedule, he did not anticipate the case being heard before the March 17 primary, where Kaczmarek faces fellow Democrat Paula Deacon Garcia, who serves on the county board.

“We’re appealing because we believe we’re correct on the law as we always have been,” Florey said.

Kaczmarek has argued that state law gives her internal control over her office, and the county cannot withhold bills for payments or interfere with how services are contracted.

The county has argued that it’s not trying to tell Kaczmarek how to run her office, but that she must follow the county’s accounting procedures and public bidding laws.

“I will not back down from a fight for my office’s independence to continue delivering DuPage County voters the best-run elections in the state,” Kaczmarek said Thursday in an email.

In 2024, the county filed a lawsuit, called a writ of mandamus, claiming the clerk was violating state law by refusing to indicate where in her budget money should be pulled to pay a bill when another line item runs short.

DuPage County Board Chair Deb Conroy said she was “disappointed” in Kaczmarek’s decision to continue the legal battle.

The county has spent $279,877 on legal fees for Kaczmarek’s attorney, who was appointed by the county’s chief judge. Florey has agreed to cap his fees for the appeal at $25,000, said Adam Johnson, Kaczmarek's chief deputy clerk. 

“After Judge Bryan Chapman found in favor of the County on all claims in December, I was hopeful Clerk Kaczmarek would focus her energy on improving financial practices in her office and preparing for the upcoming elections according to state law,” Conroy said in an e-mailed statement. “Instead, she chose to continue this litigious path … This action is disappointing to say the least. But I’m confident the Appellate Court will affirm Judge Chapman’s decisions and rule in our favor.”

The clerk’s office has pointed to various opinions from the Illinois attorney general’s office in defending its stance. In his August ruling, however, Chapman noted the opinions are not binding and that they did not “advance the clerk’s position.”

Chapman noted that requiring the clerk to comply with the county’s accounting procedures does not “alter the duties or powers of the clerk’s office” as outlined in state law. He also pointed to a state law that grants the county auditor the ability to review all bills and approve or disapprove them for payment.