DuPage County Clerk Jean Kaczmarek’s plans to take case to Illinois Supreme Court fall flat

Outgoing DuPage County Clerk Jean Kaczmarek’s request for an attorney to take her legal fight with the county to the Illinois Supreme Court has been denied.

Kaczmarek sought the appointment of an attorney to challenge a recent appellate court decision that upheld DuPage County Judge Bryan Chapman’s rulings that the clerk’s office must follow the county’s accounting procedures and complete budget transfers.

But in an Oct. 23 email, DuPage County Chief Judge Bonnie Wheaton flatly denied Kaczmarek’s request.

In her email, Wheaton noted the Third District Appellate Court ruling was unanimous and that Kaczmarek’s tenure as county clerk is ending soon.

Kaczmarek sent a follow-up email, noting that she remains in office until Dec. 1. Because an appeal must be filed 35 days from the date of the appellate court’s order, she said she has the right to file an appeal.

Wheaton again denied the request, saying Kaczmarek filed the initial appeal in her capacity as county clerk and that her successor could determine if she wishes to continue the challenge. Wheaton added that her initial order appointing attorney Ken Florey to represent Kaczmarek referred to an “appeal,” but it capped his fee at $25,000.

“If he wishes to continue in a pro bono capacity until your successor decides whether or not to continue the litigation, he is free to do so,” Wheaton wrote, adding she assumed Florey had already reached his fee limit.

When reached this week, Florey said he will not be taking on the case pro bono.

“We’re not doing anything on our end unless we get an appointment from the judge,” he said.

Kaczmarek declined comment.

Clerk-elect Paula Deacon Garcia said she does not intend to pursue the matter.

Alicia Fabbre is a freelance reporter for the Daily Herald.