DuPage County Chief Judge Bonnie M. Wheaton faces a formal complaint with the Illinois Judicial Inquiry Board (JIB) after she "liked" a Facebook post celebrating a court ruling in a dispute she had a role in, Patch first reported.
The complaint, filed by area watchdog Edgar Pal, alleges Wheaton broke the Illinois Code of Judicial Conduct. The code bars a judge from making a "public statement about a matter pending or impending in any court," according to Patch's reporting.
Here is what happened.
County Clerk Jean Kaczmarek and DuPage County Board Chair Deborah Conroy have been fighting in court over jurisdictional issues involving county finances. An appeals court sided with Conroy. On Oct. 22, Conroy posted on Facebook: "Drama over. County Board won the court case against the Clerk in a 3 to 0 ruling."
Wheaton was among those who "liked" the post, according to Patch.
The next day, Oct. 23, Kaczmarek asked Wheaton for permission to appoint a lawyer to file another appeal. An hour later, Wheaton declined the request, saying the clerk had only 11 days left in office and that her successor could make such a request, Patch reported.
Wheaton's math was off. She appeared to believe Kaczmarek's term ended on Election Day, Nov. 3. But the clerk's term runs until early December, more than 35 days from the date of Wheaton's email, according to Patch.
When Kaczmarek pointed out the error four days later, Wheaton stuck to her original position.
Pal said the situation was especially concerning because a request for a lawyer in the same case was presented directly to Wheaton, according to Patch.
Patch reported that Wheaton did not return the outlet's messages seeking comment. No response from Wheaton to the complaint appears in public records.
What happens next
The JIB investigates complaints against active Illinois judges on a confidential basis. The board cannot confirm or deny whether it has received or is acting on any complaint. If the board finds sufficient cause, it can investigate, require the judge to appear, issue a private letter of admonishment, or file formal charges with the Illinois Courts Commission. The commission has the authority to censure, reprimand, suspend without pay, or remove a judge from office.
Wheaton plans to retire in January, according to Patch. The JIB has no jurisdiction over retired judges, according to its own published guidelines.
The underlying court dispute between Kaczmarek and Conroy may also be nearing its end. Conroy backed DuPage County Board member Paula Deacon Garcia in the clerk's race. Deacon Garcia won the March Democratic primary and the Nov. 3 general election, making a further appeal unlikely.
