She’s in civil court seeking injunctive relief to regain her role as chief executive of the township. She hoped for immediate relief, but Judge Maureen McIntyre “found there was no emergency,” Moore attorney John Nelson said. A court date will be set Monday.

“The Grafton Township Board of Trustees has, without legal authority, engaged in a broad course of conduct designed to eliminate Supervisor Moore from conducting any Grafton Township business,” the suit says.

Grafton Township Supervisor Linda Moore and her attorney John Nelson leave the McHenry County Courthouse after filing a suit to reclaim the power that township trustees have taken from her. The sun was radiating enough heat to bring the temperature to 57 degrees.

As readers know, the township board, still smarting from its judicial loss of the new $5 million township hall on Haligus road and election of nemesis Moore as township supervisor, decided to strip Moore of all the executive functions that their attorney, Keri-Lyn Krafthefer  advised was possible.

Trustee Betty Zirk explains benefits of a new township hall approved by the trustees with adequate public notice, but defeated on a tie vote by township electors.

“I am sure my client’s (being a plaintiff in the suit and having) engineered the end of the $5 million palace they wanted to build has nothing to do with the board’s concerns…I say that with tongue firmly in cheek,” Nelson said after setting next Monday’s court date to set a court date for a hearing on the merits of Moore’s suit.

“I would encourage anyone who is interested in the case to watch the YouTube video of the last meeting.”

Moore not only seeks the return of her powers, but also, confirmation of the legitimacy of her firing of Ancil Glick partner Keri-Lyn Krafthefer and Township Administrator Pam Fender.

Nelson spoke of two court cases upon which he based his motion.

One says that the township supervisor is in charge of hiring and firing employees, as long as there are not more than five paid by the Town Fund. Excluded from the employee count are employees of the assessor and road commissioner, as well as those paid by the General Assistance Fund.

Grafton Township has three bus drivers who fit that category.

“Three are smaller than five,” Nelson said.

Another case rebuked Cicero Town officials for banishing its township collector to a closet and firing the two employees.

Moore’s new office is the township clerk’s old one, one without a window.

Trustees continually point out that the township attorney, selected by Moore, but later dismissed by Moore, “wrote the book.”

Nelson said he was a member of the Illinois Township Attorney’s Association.

“Our association is composed of real lawyers. We don’t write books about township law; we revise township laws.”

Apparently two criminal complaints have been made to the McHenry County State’s Attorney’s Office by Moore’s antagonists.

One is said to concern manipulation of the private bank accounts of township employees.

“I would categorically deny such accusation,” Nelson said.

The other, more recent, is that financial information has disappeared from township computers.

“The township computers are under the sole custody and control of the township supervisor,” Nelson said.

“They have no right, legal authority or interest in these computers. They are a legislative body.”

“That is an allegation without substance and without meaning. The elected supervisor is the sole custodian of the financial records. It’s really not their complaint to make.

“If the records have disappeared, it’s because of the illegally hired employee (Township Administrator Pam Fender),” Nelson continued.

“It’s a felony to threaten a criminal case to obtain a civil judgment or right,” Nelson pointed out.

Nelson outlined the duties of township trustees:

• They review the bills, audit the bills
• They approve the budget which has to provide adequate space for the assessor, supervisor and town collector to do his or her job.
• They can provide for salaries.
• They can provide conditions, if over five employees.

Township trustees are limited to what the law says.

Grafton Township Board at its March 2nd meeting, which you can see on YouTube. From left to right are Trustees Gerry McMahon, Betty Zirk, Rob LaPorta and Barb Murphy. Supervisor Linda Moore is seen standing.

“These township trustees have stepped way over those bounds,” Nelson charged.

“This is a separation of powers case that involved the fundamental right of people to elect their own political leaders.

“The core issue is that the voters of Grafton Township voted my client in as Grafton Township Supervisor. Their wisdom or lack thereof is no longer at issue.”

Nelson serves as Winnebago County’s Harlem Township Attorney.   That township, north of Rockford, has a population comparable to Grafton’s.

And, who will pay Nelson’s bill?

“I represent her in her official capacity,” he said.

Read this section of the case:

“Supervisor Moore is entitled to legal counsel in her capacity as Grafton Township Supervisor as she is in legal conflict with defendants, and this litigation is necessary to settle the rights, obligations and duties of the parties.  The necessity of payment for legal counsel paid for by Grafton Township is well-settled under the law.  In Wayne Township Board of Auditors, DuPage County v. Ludwig, 154 Ill.App.3d 899, 507 N. E. 2d 199, 204, 107 Ill. Dec. 535, 540 (2nd Dist., 1987) the court held that where an actual conflict exists between a Town Board and one of the town’s officers the town officer is entitled to be represented by independent counsel.  The court went on to say that independent counsel is entitled to a reasonable fee for same.”

McHenry County lies within the 2nd Appellate Court District.

What if Moore wins the case and the trustees won’t follow the judge’s order?

“I would be seeking jail time for contempt,” Nelson said.  If it reaches that stage, it will not be the first time the four trustees have displeased a judge by not obeying a court order.  It happened in the new township hall case, too.

Keri-Lyn Krafthefe

Moore’s seeking judicial approval of her termination of the legal services of Keri-Lyn Krafthefer.

Nelson court document points out that Moore appointed her and says,

“Logic would dictate that Keri-Lyn Krafthefer serves at the pleasure of the Supervisor of Grafton Township.  However, it appears that this is an issue of first impression.”

A link to the full court document can be found here.

I didn’t see any literature at the Republican Central Committee distribution day or I would have passed it out in my precinct, as I did for all the candidates who supplied it.

Two days after the election, I received the card in the mail with a first class stamp on it.

The Palatine postmark was January 29th.

So, how did first class mail take just one day short of a week to get delivered?

If I were Donna Kelly, that is what I would put in my letter to the regional Postal Inspector.

Or, maybe the Diane Kelly of Crystal Lake should send the letter. The post card I received had her return address sticker on it.

Such poor delivery is simply outrageous.

Kelly’s electoral performance puts her in a good position to run for judge in McHenry County,

Almost final McHenry County election returns for the February 2, 2010, primary election in which Donna Kelly polled more local votes than 2nd Appellate District winner Mary Schostok.

It seems appropriate to list the qualifications that she had on the palm card:

• An experienced appellate attorney
• 7 years as an assistant appellate defender for the Office of the State Appellate Defender, Third District
• Authored dozens of appellate court briefs
• Won numerous cases in the Appellate Court
• Argued and won 2 cases before the Illinois Supreme CourthouseFormer assistant public defender, Kane County
• 15 years experience in the criminal justice system
• Member of the Capital Litigation Bar
• Qualified to prosecute & defend death penalty cases
• 4 years as assistant state’s attorney in McHenry County
• Headed Gang Prosecution Unit
• Author of crime novel “Cop Eyes”
• Graduate of Northern Illinois University College of Law 1994
• Graduated from Marian Central Catholic High School, 1986

www.ELECTDONNAKELLY.COM

Below you see the preliminary results of the judicial district that sprawls across northern Illinois from Lake Michigan to the Mississippi River.

Jorgensen beat out former DuPage County Judge Kenneth Moy by a margin of 2-1.  Schostok’s race was significantly closer.  She defeated McHenry County attorney Donna Kelly 54% to 46%.

Name Party Votes Vote % Jorgensen , Ann GOP 153,996 67% Moy , Kenneth GOP 76,836 33%

Name Party Votes Vote % Schostok , Mary GOP 118,573 54% Kelly , Donna GOP 102,588 46%

Kenneth Moy's third mailing.

Moy sent out at least three large postcard mailers.

The back of Kenneth Moy's third mailing.

Jorgensen countered with one.  Click to enlarge any image.

Justice Ann Jorgensen's only mailing. She won 2-1.

Jorgensen used a comparison approach based on bar association members’ evaluations of the two candidates.

On the back of her comparison piece, Justice Ann Jorgensen listed her endorsements. The one from the Chicago Tribune was even more impressive than the quote she used. The Tribune suggested people should not be surprised to see her serve on the Illinois Supreme Court in the future. The photo does not do her justice. I guess her advisers wanted her to look "judicially serious."

In the second contest, Schostok was pitted against McHenry County attorney Donna Kelly.

Kelly carried McHenry County 11,751 to 10,198. She received 53.5% of the vote, giving her a leg up as a proven vote getter for the next local judgeship.

I saw yard signs for Kelly, but no mailing or literature.

was my reaction when I read former campaign manager Kieth Liscio’s press release about suing his former employer, 8th District GOP candidate Joe Walsh.

Back in 1982 when I unsuccessfully ran for Congress against incumbent U.S. Representative Robert McClory I was similarly sued. ( I carried McHenry County; McClory won the larger Lake and Kane Counties.)

Ray Pempek was my campaign manager. Funny guy. He’d hold my 24-toed gray cat Bijou up by his front legs, saying, “Dancing Cat.” (Keely Cat would not stand for that.)

He sued me claiming he had not been paid what his contract stipulated.

He hadn’t.

His attorney put him on the stand before Judge Michael J. Sullivan, where he laid out his case.

Upon cross examination, Pempek was asked if he performed the duties outlined in the contract, e.g., preparing the daily schedule, writing press releases, stuff like that.

Apparently he answered in the negative too many times because, when my attorney asked for a directed verdict, the judge granted it.

In a directed verdict, one side of the case says the other side has not proved its case well enough to merit putting on the other side.

This was the second such suit I’ve been involved in. When I won the 1966 Republican primary for McHenry County Treasurer by 72 votes out of almost 12,000 cast with a spread of 277 votes among the candidates, the second-place finisher sued for a recount. My attorney, Stan Narusis and I sat in the old second floor courtroom of the Woodstock Square Courthouse listening to the evidence. (Actually, we had more evidence of strange occurrences than the opposition, having had poll watchers in polling places where the judges had never seen them before.)

After the opposing counsel had completed his presentation–presenting absolutely no evidence, just argument–to Lake County Judge Glenn Seidenfeld, I leaned over to Stan and said, “He didn’t present any evidence. Why don’t we move to dismiss?’

Stan did and Judge Seidenfeld, who died at age 94 in 2008, dismissed the case. Maybe the then-Establishment thought I was so young and naive that I would agree to a recount once sued.

Yeah, right.

In any event, below is Lisco’s press release. Below it is Walsh’s response.

JOE WALSH SUED BY FORMER CAMPAIGN MANAGER
Suit Alleges 8th District Candidate Owes Former Friend $20,000

Morton Grove, IL — Today, Keith Liscio, former campaign manager for 8th Congressional District candidate Joe Walsh, sued the Walsh campaign for non-payment of $20,000 in campaign management services.  The suit was brought by Mr. Liscio in conjunction with his firm Patrickson-Hirsch Associates in the Circuit Court of Cook County, Municipal Department, Second District.

The suit alleges that Mr. Walsh hired Liscio to perform campaign management services in August of 2009, repeatedly paid for those services late, and eventually stopped paying altogether.  When the total amount owed exceeded $20,000 in December of last year, Mr. Liscio left the campaign.  Despite repeated attempts to resolve the matter and collect the debt, the Walsh campaign has refused to pay.

According to Mr. Liscio, “It is with deep regret and sadness that I take this action today.  I’ve tried to work out a payment plan with Joe both before and after my departure from the campaign and fully expected him to live up to his commitments to me and my family.  I’ve known Joe Walsh for over 14 years and am very disappointed that he has failed to meet this obligation.  I’m only bringing suit now as a last resort – he just refused to make a sincere effort to ensure payment of what was owed to me despite spending tens of thousands of dollars on other campaign expenditures.”

Liscio and Walsh met in 1995 when Walsh first ran for Congress in the 9th Congressional District against Sidney Yates.  Liscio volunteered for the campaign and eventually rose to the position of Communications Director where he brought Walsh’s campaign to national prominence.  When Walsh was weighing running in the 8th vs. the 10th District last year, he again sought Liscio’s advice and eventually hired him to run the campaign.  Liscio developed the campaign strategy which positioned Mr. Walsh as a “Tea Party” candidate, hired staff, and was in charge of executing the campaign plan prior to his departure.

To see a copy of the complaint filed with the court, contact Mr. Liscio at (847) 772-0525.

Here is 8th congressional district Joe Walsh’s response:

Regarding the suit, I’m saddened and surprised. Here’s the story and it’s not much of a story: I have a dispute with an ex campaign consultant over the performance of his work, we’ve been negotiating for over a month trying to come to a settlement, it appears he’s filed suit today.

This type of thing, as you know, goes on often in campaigns. I think it’s really regrettable that he decided to file suit a week and a half before the election and then reach out to the media to try and gin up a story. Seems like he’s trying to impact the election which just doesn’t seem right.

It’s an inside baseball story. We’re buliding a grassroots movement to take back this district and as of now, it appears we’re in the lead. Was hoping to settle something with Mr. Liscio, but as of now, its strictly a legal matter.

I’m focused on winning this campaign.

Mary Schostok, who held a fund raiser in Crystal Lake Thursday night, and Ann Jorgensen, who was Schostok’s “special guest” at the event, were given the nod by the leading paper in Illinois.

Jorgensen was even mentioned as a possibility to succeed Bob Thomas on the Illinois Supreme Court.

And, the endorsement came complete with color photographs. That doesn’t happen that often.

Meanwhile, Jorgensen opponent Kenneth Moy mailed out an 8½ by 11 inch post card this past week, which you see below. Click to enlarge any image.

Running a very low key campaign against Schostok is McHenry attorney Donna Kelly. I am told she is a very talented lawyer with a resume that portends future judicial campaigns likely to have more success than this one.

Reflected in the mirrors, Appellate Court Justice Mary Schostok addresses the crowd.

Attorneys and politicians gathered to honor Appellate Court Justice Mary Schostok at Crystal Lake’s D’Andrea Banquets last night.  The parking lot was almost full.

Before Schostok took the podium to explain her accomplishments in Lake County, McHenry County Sheriff Keith Nygren extolled her virtues, describing her as a friend of the law enforcement community.

McHenry County Sheriff Keith Nygren hugs Appellate Court Justice Mary Schostok after saying kind things about her.

They hugged after his introduction.

Appellate Court Justice Ann Jorgensen talks to Barrington's Steven Marderosian prior to the program.

Schostok also introduced her fellow appointed Appellate Court Justice Ann Jorgensen.

Appellate Court Justice Mary Schostok greets Mike McCleary.

Prior to the program, Justice Schostok greeted people at the door.

The McHenry Lawyers for Justice Schostok will be hosting a $30 fund raiser with payment at the door.

Besides the honoree Justice Mary S. Schostok, her colleague Ann B. Jorgensen will be there as a “special guest.”

So far, I have seen the two appointed 2nd Appellate Court Justices selected from among hundreds of applicates by Illinois Supreme Court Justice Bob Thomas twice times in McHenry County.

McHenry County State Rep. and GOP Central Committee Chairman Mike Tryon poses with Appellate Court Justices Mary Schostok and Ann Jorgensen at the Nunda Township Republican Picnic this summer.

First they were out campaigning this summer at the Nunda Township Republican Picnic.

Appellate Court Justice Mary Schostok (behind the table) and Ann Jorgensen greet precinct committeemen as they pass out literature and signs in Crystal Lake last Friday night.

Then, last Friday night, they were greeting precinct committeemen at the McHenry County Republican Central Committee’s literature pickup.

I’m sure no attorney with a general practice wants to be in appellate court, but, every once in a while cases do get appealed.

At $30 to attend the affair the price is certainly within the reach of attorneys in McHenry County. I would assume members of the public who would like to attend would be welcome as well.

Probably not attending will be the Grafton Township Trustees who wanted to build a township hall without adequate public notice or getting approval at the ballot box. The two lady justices, along with Crystal Lakes Sue Hutchison put the kabosh on that in a decision earlier this year.

Appointed Appeallate Court Justice and candidate for election to that position Mary Schostok stands behind a table of her literature, while appointed Appellate Court Justice and candidate for a different vacancy Ann Jorgensen looks at the camera in the foreground. McHenry County Board candidate Nick Provenzano stands between the two.

Friday night I picked up my literature at Liberty Outdoor and found two 2nd Appellate Court judicial candidates at the second table. Mary Schostok from Lake County and Ann Jorgensen from DuPage, were handing out literature and talking to the very relatively few precinct committeeman who came out in the cold.

Not only was candidate Schostok in Crystal Lake Friday, but she is having a fund raiser Thursday after work at Crystal Lake’s D’Andrea Banquets (southeast corner of Route 14 and 31).  Jorgensen will also be present as “a special guest.”

And, Schostok started off my week with a page four-color campaign piece in my mail box.

Having a life story helps a candidate identify with voters. Schosotok’s is summarized on the front page of her mailing:

From Immigrant
Shoemaker’s
Daughter to the
Illinois Appellate Court

How much better does it get than that?

Page two puts the story in pictures. Click to enlarge the page.

A resume appears on the third page. Schostok tells how she was selected by the Illinois Supreme Court “out of several hundred potential candidates” for appointment to fill a vacancy on the appellate court. Previously, she served as a circuit court judge and a Lake County Assistant State’s Attorney. Four awards are highlighted, including

• Fred Foreman Award for fighting child sexual/physical abuse
• Outstanding Service Award, Arson Investigation Association
• President’s Award for Excellence, Lake County Bar Association
• Benedict J. Ori Award for distinguished service to the legal community

The address side is mainly aimed at informing people about voting early and absentee. It’s well done, so you see it above.

There are also examples of her leadership in the community, including being on the board of Carmel Catholic High School.

The Thursday “Countdown to Election Day Reception “ fund raiser will be sponsored by “McHenry County Lawyers for Justice Schostok” on January 14th.

Special guest for the $30 event will be Justice Ann Jorgensen. Tickets cost $30 for everybody but Republican Precinct Committeemen, who may attend as guests .

RSVP’s to Renee, 847-989-3801, are appreciated for the 5:30 to 7:30 event.

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You may remember that both Schostok and Jorgensen, joined with McHenry County’s Sue Hutchinson in upholding Judge Michael Caldwell’s decision prohibiting Grafton Township from building a new township hall without a referendum.

The two justices also attended the Nunda Township Republican Picnic this summer.

The following press release just popped into my in box. It pretty much speaks for itself. Donna Kelly’s web site can be found here.

Donna Kathryn Kelly Announces Candidacy For 2nd District Appellate Court
13-County District Includes McHenry County

CRYSTAL LAKE, IL — An experienced attorney and prosecutor, Donna Kathryn Kelly has announced her candidacy for the 2nd District Appellate Court in Illinois.

“I look forward to bringing my balanced career as a prosecutor, public defender and private attorney to the court,” said Kelly.  “As a long-time resident of McHenry County, and former assistant public defender in Kane County, I know the district well and it would be an honor to serve it on the Appellate Court.”

Most recently a former assistant state’s attorney in McHenry County, she was assigned to the Special Prosecutions Division, prosecuting felony cases and putting violent offenders and gang members behind bars.

Kelly also ran McHenry County State’s Attorney’s Office Gang Unit.  In 2008, she led the prosecution team that successfully prosecuted “Nortenos 14” street gang members for a gang-related stabbing in Woodstock.  In 2006, she won guilty verdicts against the “Latin Kings” street gang members for a violent gang-related beating in Harvard.

Kelly is a member of the Capital Litigation Bar and qualified to prosecute and defend death penalty cases as lead counsel.  She served as an assistant appellate defender for seven years in the Office of the State Appellate Defender in the Third Appellate Court.  She has argued numerous cases before the Appellate Court, and successfully argued two cases before the Supreme Court of Illinois.

A 1994 graduate of Northern Illinois University College of Law, Kelly began her legal career as an assistant public defender in Kane County.  A long-time resident of McHenry County, she graduated from Marian Central Catholic High School in Woodstock.

The five-district Illinois Appellate Court is the court of first appeal for civil and criminal cases that come out of the circuit courts.  Based in Elgin, the Second District Appellate Court includes Lake, DuPage, McHenry, Jo Daviess, Stephenson, Winnebago, Boone, Carroll, Ogle, Lee, DeKalb, Kane, and Kendall.

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McHenry’s Thomas Hughes is chairman of her campaign committee and Crystal Lake’s Ellen Sonntag is the PAC’s treasurer.