The following was published on the web site of Zane Seipler attorney Blake Horwitz:
Special Prosecutor – Costs
After the failed Bianchi prosecution, McHenry County residents have some concern as to who would pay for yet another special prosecutor concerning Sheriff Nygren. The answer is: The position would already be paid for if the Appellate Prosecutor is appointed.
The failed Bianchi prosecution provides much insight into what should be and what should not be done with regards to the appointment of a special prosecutor.
If an outside law firm handles the prosecution, it will be expensive.
In the Bianchi prosecution, an outside law firm handled the prosecution.
It was expensive – very expensive.
Unfortunately, McHenry County tax payers paid for that prosecution.
Few people who understand the law, thought that the Bianchi prosecution was valid.
For that reason, the prosecutions were quickly dismissed after the judge heard the evidence.
As Mr. Bianchi set forth in a letter addressing the issue of the appointment of a special prosecutor, there is an independent agency that handles special prosecutions that would not burden the tax payers (i.e. not require costly outside legal counsel).
The Appellate Prosecutor is that agency.
Throughout the State of Illinois, the Appellate Prosecutor serves as an independent prosecutor when called upon.
Mr. Bianchi actually recommended the use of the Appellate Prosecutor for his own prosecution so that tax payers would not be burdened.
Mr. Bianchi also suggested the use of the Appellate Prosecutor if the judge in the Nygren case believes that a special prosecutor should be appointed.
The Appellate Prosecutor occupies a position that is already paid for by many different municipalities as that office works on appeals on a regular basis.
Hence, the Appellate Prosecutor does not owe any favors.
At the end of the day, the only costs that would be incurred by a future special prosecutor from that office are traditional costs that relate to litigation:
- copying documents,
- photographic reproduction
These costs traditionally amount to no more then five hundred to one thousand dollars. Those costs would spread by many municipalities and not just McHenry County.
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The resolution above was passed by the McHenry County Board on January 11, 2011. It says the cost of using the Appellate Prosecutor is $30,000 per year.