Plan could help avoid big prosecution costs
SPRINGFIELD — Suburban lawmakers are pushing a plan to try to avoid the high costs seen by McHenry County after the failed prosecution last year of State's Attorney Louis Bianchi.
In Bianchi's case, he was tried twice by a special prosecutor, leaving the McHenry County Board with initial legal fees totaling nearly $600,000.
Under the plan moving through Springfield, a judge first would try to find a nearby government prosecutor who could pursue the case without any cost to taxpayers. If that doesn't work, he can appoint a private attorney, who must submit an estimated budget for the cost of the case in advance.
And the county board would get a say on how much that private attorney would cost.
The McHenry County Board approved a settlement Jan. 3 to pay a portion of legal fees in the case against Bianchi and his assistant Joyce Synek, who were found not guilty in March of a combined 26 charges of conspiracy, misconduct and obstruction of justice. Bianchi was exonerated of charges of preferential treatment last summer.
The board will pay $275,000 for special prosecutors — though the county is fighting to reduce the hourly rates charged the attorneys. A hearing on the matter is scheduled for Thursday.
Sen. Pam Althoff, a McHenry Republican and sponsor of the Springfield plan, said while the idea for the legislation came from her district, the issue brought up a statewide concern that needed to be fixed.
“What we learned when we started to address the bill was there are many instances when the state attorneys cannot act,” Althoff said.
The plan cleared the Illinois Senate in the fall, and awaits a vote in the House this year.
Rep. Michael Tryon, a Crystal Lake Republican and the House sponsor, said the plan would clarify the law and make it consistent statewide.
The proposal would require the board to know how much a prosecutor would cost up front before one is appointed.
“It takes a gray area and it makes it brighter,” Tryon said. “So counties who may find themselves in this situation will have an idea of what the costs will be.”
McHenry County Board member Nick Provenzano said he wanted to make sure counties had a say in appointing prosecutors. In Bianchi's case, Judge Gordon Graham appointed the prosecutors.
“This would save us significant amounts of money,” Provenzano said.
Kenneth Koehler, chairman of the McHenry County Board, said he was pleased lawmakers were addressing the problem. But he added it is unfortunate the plan had to come together after the “travesty” in his county.
“We do so many firsts in McHenry County, but this is the kind of first you don't want to deal with,” he said.