Judge reverses special prosecutor decision in Will County veto case
Ten board Republicans filed a lawsuit last year against Bertino-Tarrant after she vetoed a resolution that would have stopped the planned widening of 143rd Street to five lanes through Homer Glen. Bertino-Tarrant originally signed the resolution that asked the county's division of transportation to explore a three-lane alternative, but later said that was in error and issued the veto.
Steven Laduzinsky, an attorney for the County Board members, said it was a conflict of interest for the Will County state's attorney's office to represent both the board and the executive and asked for a special prosecutor for the board.
Judge Brian Barrett granted the request in December, and the court planned to seek out the services of a public prosecutor from another county to save taxpayer money. A public agency, such as another county's state's attorney's office or the office of the attorney general, is already taxpayer funded.
Assistant State's Attorney Scott Pyles, who represents Bertino-Tarrant in the case, asked Barrett to reconsider, writing the 'consequences of allowing a special prosecutor by a minority of the County Board members who disagree with an opinion of the State's Attorney are vast.'
Pyles wrote in his motion there would be lines of County Board members outside the courthouse who were aggrieved by a state's attorney's opinion without determining if they had a claim.
Barrett said Thursday that after reviewing several past cases, he originally misinterpreted the law, and said he now declines the appointment of a special prosecutor.
Pyles said the board members are not acting in their government roles, but are suing the county executive as individual, private residents of Will County. The Will County Board can only act as a collective body.
There is no approved authorizing the 10 board Republicans to act in their official capacity and represent the County Board as a whole, Pyles said.
The County Board did vote to direct the Will County state's attorney to file litigation against Bertino-Tarrant, saying the document she signed in error should be enforced, but she vetoed those resolutions.
If the board members sue as private individuals, then no taxpayer money would be used on their lawyers, Pyles said. The lawsuit itself, which questions whether a signed resolution can later be vetoed, is not dismissed.
Laduzinsky said he would file an amended complaint within a month and possibly add residents as plaintiffs.
Homer Glen residents and elected officials have protested Will County's plan to widen 143rd Street from State Street/Lemont Road to Bell Road to five lanes. Those against the expansion say it will increase truck traffic and speeding, disrupt the area's rural feel and take residents' property.
County transportation officials say the widened road will improve safety and traffic flow.
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