Grafton Township Supervisor Linda Moore Hits Bump in the Road as Judge Caldwell Order to Install Her Choice as Attorney is Overruled
Grafton Township Supervisor Linda Moore’s string of court victories met a bump in the judicial road Thursday.
A unanimous 2nd Appellate Court panel decision overruled McHenry County Circuit Court Judge Michael Caldwell’s order that Moore attorney John Nelson should be installed as Township Attorney without Township Board approval.
This separation of powers suit loss, argued by Ancel Glink attorney Thomas G. DiCanni, comes after Moore won a separation of powers suit concerning the exercise of her executive branch powers as Township Supervisor.
Written by Justice Donald C. Hudson, with Justices Robert D. McLaren and Mary Shostok concurring, the opinion ruled that “due respect must always be shown to other co-equal branches of government.”
“…the court system has no role to play in reviewing whether the supervisor’s appointment of [John] Nelson should be confirmed,” the decision says.
In further explaining its decision, the panel wrote, “…this case concerns a court directing a legislative body how to proceed on a matter that would typically be within the discretion of the legislative body.”