Case hits speed bump

Zane Seipler was in Judge Meyer's court yesterday, asking for his case requesting a special prosecutor to investigate incumbent (and Republican candidate for sheriff) Keith Nygren to be scheduled before the November 2 election.

The State's Attorney's office said there was no objection and they were ready "to do it today" (yesterday). So Judge Meyer suggested some dates for the hearing.

To the first date offered, the Assistant State's Attorney (ASA) responded, "Sorry, Judge; not available", or words to that effect.

To the next date, "Sorry, Judge; not available."

Ahh, but he was available on November 3 (the day after the general election), and so November 3 the hearing will be. It's too bad that Judge Meyer didn't tell the ASA to make himself available!

Can the State's Attorney investigate and prosecute the sheriff? Isn't the SAO the legal representative of the Sheriff's office? Doesn't it defend the Sheriff and represent the Sheriff when he filed a lawsuit?

The answers are "Yes" and "Sometimes." The "sometimes" result in a nice payday for an outside lawyer.

Can it defend and then investigate the same client?

Will appointment of a Special Prosecutor change the outcome of the election? In my opinion, it won't. But if Keith is investigated and charged with using his office improperly for campaign purposes, he'll probably just retire and head south to Cape Coral.

And what will McHenry County get for a sheriff then? It will get an appointee of the County Board. A Republican appointee...

I am reminded of a divorce case in Denver, when two friends were splitting. At the end of a day-long court session, the judge told both lawyers to be back the next morning and wind it up in 30 minutes. The man's lawyer said he couldn't be there, because he was supposed to take a deposition the next morning. I knew delay would cost my friend and client $5,000 for his lawyer to re-prepare and said so. The judge didn't exercise his authority to tell both lawyers to be there, or else.