Kane Co. prosecutor suspended for affair with cop

A Kane County prosecutor has been suspended a month without pay for an affair with an Aurora police officer, who was a witness in several cases she prosecuted, authorities said Tuesday.

Elizabeth Lovig also could face scrutiny by a state lawyer disciplinary panel for the relationship, which started in late 2001, according to a statement from the state's attorney's office.

Lovig, an assistant state's attorney since 1992, prosecutes felony offenses. Earlier this month, Lovig won a first-degree murder case against a convicted drug dealer accused in a 2006 Elgin slaying.

The Aurora officer, whose name is not disclosed, has testified in at least six cases in which Lovig, who is married, was involved with and created a potential conflict of interest, the statement said.

David Kliment, the county's public defender, said his office represented the defendants in nearly all the cases, four which resulted in convictions or guilty pleas.

"If a prosecutor has a significant personal involvement with a witness, they're required to disclose that to us," Kliment said. "Essentially, it's a discovery violation."

It is unclear how Lovig's relationship with the officer will affect the outcome of the cases, which range from domestic battery to weapons offenses, court records show.

The relationship surfaced last week, when Kliment filed court papers that resulted in a judge vacating Duka Smith's conviction in an Aurora illegal weapons case just before Smith's sentencing.

Smith faces a new trial and has a hearing set for Thursday. The state's attorney's office is investigating the impact the relationship will have on other cases involving Lovig and the officer.

Lovig on Tuesday declined to comment.

In the statement, Kane County State's Attorney John Barsanti called the affair a violation of his office's policy, which requires prosecutors to disclose even perceived conflicts of interest.

"We have an obligation to ensure all parties in a criminal matter are treated fairly, including defendants, and that the interests of justice are served," Barsanti said. "Public confidence in this office and in the integrity of our criminal justice system is crucial."

Contacted via telephone, Barsanti said it is unclear if he is required to formally report the relationship to the Illinois Attorney Registration and Disciplinary Commission, which probes lawyer misconduct.

Aurora Police Chief Gregory Thomas, in the statement, also said he was disappointed in the officer's conduct is trying to determine if an internal investigation is warranted.