Battle for control: DuPage County clerk takes fight to appellate court

DuPage County Clerk Jean Kaczmarek took her legal fight over how her office is run to a panel of three appellate court justices this week, asking them to overturn earlier rulings made by a county judge on billing and bidding procedures.

The clerk’s attorney, Ken Florey, told the appellate court justices on Wednesday that the arguments over who controls how a county office is run are not new. He pointed to a long history of opinions on the topic from the Illinois attorney general’s office.

“This case shows a 50-year history of county boards and county elected officials fighting over control of their offices,” Florey said, adding the case has implications not just for DuPage County, but for county boards and elected officials across the state.

The panel of justices from the Third District Court of Appeals heard arguments via Zoom. Justice Joseph Hettel closed the proceedings, which lasted about half an hour, saying the panel would take the matter under advisement and issue a written ruling in “due course.”

The DuPage County state’s attorney’s office filed a lawsuit — a writ of mandamus — in 2024, alleging Kaczmarek broke state law by refusing to indicate where money to pay a bill would come from if the budget line for that expense didn’t have enough cash to cover the payment.

At the time, DuPage officials said the county was violating the state’s Local Government Prompt Payment Act because it couldn’t pay vendors within the required time frame.

Ultimately, DuPage County Judge Bryan Chapman ruled against Kaczmarek.

In August 2025, Chapman ruled that the clerk’s office had to follow the county’s accounting procedures and complete proper paperwork to get bills paid.

Kaczmarek argued that she has the authority to procure services and that contracts awarded to election-related vendors fit under the professional services exemption to county procedures. However, Chapman noted that questions over bidding were moot because the bills were paid.

On Wednesday, Florey again raised arguments against DuPage’s accounting practices, saying state law and previous opinions from the Illinois attorney general’s office say counties can allocate money in three lump sum categories, including equipment, materials and services.

DuPage’s practice of further delineating expenses into more specific categories infringes on the county clerk’s control over her office, Florey said.

“When you create more categories, it starts to shift the power,” he said.

Florey also argued that the county board cannot interfere with how the clerk secures services or dictate if a particular service, such as printing of ballots, must be bid out. The county cannot deny payment of bills once the county clerk has authorized payment, he added.

“That’s getting into the business of how the clerk runs the office, and that’s not allowed under the county code,” Florey told the justices.

Assistant DuPage County State’s Attorney Lisa Smith presented the county’s case during the hearing.

Smith reiterated its position that the county requirement of generally accepted accounting procedures — such as requiring documents or budget transfer forms to be filled out — does not interfere with the clerk’s ability to run her office independently.

“The county’s system of accounts and financial records does not alter the county clerk’s powers and duties,” Smith argued.

Florey, however, said DuPage’s accounting system goes beyond just required paperwork.

“They stopped paying invoices,” Florey said. “They can’t do that. As long as the budgeted funds are there, they have to pay the invoices.”

Alicia Fabbre is a freelance reporter for the Daily Herald.