McHenry County Board Set to Again Approve Cheap Alternative for a Special Prosecutor

The annual resolution to authorize a contract with the Office of the State’s Attorneys Appellate Prosecutor is being considered in the McHenry County Board’s Finance Committee Tuesday.

Special Prosecutors Thomas McQueen and Henry Tonigan. Photo credit: First Electric Newspaper.

This alternative could, of course, have been utilized by then-Associated Judge Gordon Graham when he appointed former Judge Henry Tonigan and Thomas McQueen to investigate and ultimately prosecute Lou Bianchi…twice.

And the entire cost?

$30,000.

Amount billed so far for Tongan’s and McQueen’s faulty efforts:  $312,259.62 through March 14, 2011.

RESOLUTION AUTHORIZING THE DESIGNATION OF THE OFFICE OF THE STATE’S ATTORNEYS APPELLATE PROSECUTOR

WHEREAS, the Office of the State’s Attorneys Appellate Prosecutor was created to provide services to State’s Attorneys in Judicial Districts containing less than 3,000,000 inhabitants; and

WHEREAS, the powers and duties of the Office of the State’s Attorneys Appellate Prosecutor are defined and enumerated in the “State’s Attorneys Appellate Prosecutor’s Act”, 725 ILCS 210/1 et. seq., as amended; and

WHEREAS, the Illinois General Assembly appropriates monies for the ordinary and contingent expenses of the Office of the State’s Attorneys Appellate Prosecutor, one-third from the State’s Attorneys Appellate Prosecutor’s County Fund and two-thirds from the General Revenue Fund, provided that such funding receives county approval and support from within the
respective Judicial Districts eligible to apply; and

WHEREAS, the Office of the State’s Attorneys Appellate Prosecutor shall administer the operation of the appellate offices so as to insure that all participating State’s Attorneys continue to have final authority in preparation, filing, and arguing of all appellate briefs and any trial assistance; and

WHEREAS, the Office of the State’s Attorneys Appellate Prosecutor and the Illinois General Assembly have reviewed and approved a budget for Fiscal Year 2012, which funds will provide for the continued operation of the Office of the State’s Attorneys Appellate Prosecutor.

NOW, THEREFORE, BE IT RESOLVED, that the McHenry County Board, in regular session, this 15th day of November, 2011 does hereby support the continued operation of the Office of the State’s Attorneys Appellate Prosecutor, and designates the Office of the State’s Attorneys Appellate Prosecutor as its Agent to administer the operation of the appellate offices and process said appellate court cases for this County; and

BE IT FURTHER RESOLVED, that the attorneys employed by the Office of the State’s Attorneys Appellate Prosecutor are hereby authorized to act as Assistant State’s Attorneys on behalf of the State’s Attorneys of this County in the appeal of all cases, when requested to do so by the State’s Attorney, and with the advice and consent of the State’s Attorney prepare, file, and argue appellate briefs for those cases; and also, as may be requested by the State’s Attorney, to assist in the prosecution of cases under the Illinois Controlled Substances Act, the Cannabis Control Act, the Drug Asset Forfeiture Procedure Act and the Narcotics Profit Forfeiture Act. Such attorneys are further authorized to assist the State’s Attorney in the State’s Attorney’s duties under the Illinois Public Labor Relations Act, including negotiations thereunder, as well as in the trial and appeal of tax objections; and AGENDA #________ State’s Atty Appellate Prosecutor,

BE IT FURTHER RESOLVED, that the attorneys employed by the Office of the State’s Attorneys Appellate Prosecutor may also assist State’s Attorneys in the discharge of their duties in the prosecution and trial of other cases, and may act as Special Prosecutor if duly appointed to do so by a court having jurisdiction; and

BE IT FURTHER RESOLVED, that the McHenry County Board hereby agrees to participate in the service program of the Office of the State’s Attorneys Appellate Prosecutor for Fiscal Year 2012, commencing December 1, 2011 and ending  November 30, 2012, by hereby appropriating the sum of $30,000.00 [emphasis added] to OCA 450030-4372 (State’s Attorney-Appellate Prosecutor) as consideration fo r the express purpose of providing a portion of the funds required for financing the operation of the Office of the State’s Attorneys Appellate Prosecutor, and agrees to deliver the same to the Office of the State’s Attorneys Appellate Prosecutor on request during the Fiscal Year 2012; and

BE IT FURTHER RESOLVED, that the County Clerk is hereby authorized to distribute a certified copy of this Resolution to the State’s Attorney; the Human Resources Director; the Associate County Administrator-Finance; the County Auditor; the Treasurer; and the County Administrator.

DATED at Woodstock, Illinois this 15th day of November, A.D., 2012

KENNETH D. KOEHLER, Chairman
McHenry County Board


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