State Supreme Court allows extra time for County Auditor's appeal

The Supreme Court of Illinois on July 24 granted a motion by Auditor Jessica Thomas’ lawyer to extend a stay of the mandate from the Appellate Court’s May 31 ruling that Thomas has no right to finish her term after last year’s referendum eliminated the office.

Appellate Court mandates are sent to District courts within 35 days of rulings, after which appellate decisions can be implemented. Previously, the Appellate Court on June 22 granted Thomas an additional “45 days following July 5, 2023, the date for plaintiff [Thomas] to file her petition for leave to appeal in the Illinois Supreme Court.”

That would have been August 18.

 

Now, the Supreme Court has extended the stay “until 35 days after disposition of the petition for leave to appeal,” its notice says.

 

“The Supreme Court granted our motion to stay the issuance of the mandate until it rules upon our petition,” commented Thomas’ attorney Justin Penn. “So the County has to maintain the status quo until the Supreme Court decides our petition for leave to appeal, which will be ruled upon likely in the September or November term.”

 

At press time, a status hearing scheduled for Aug. 25 was cancelled. It was to address the County’s outstanding motions to:

* dissolve Peoria Judge James Mack’s November Preliminary Injunction maintaining the status quo, including Thomas’ salary,

* establish a bond or escrow for salary payments the County is making since the November referendum, and

* clarify the appointment of a special prosecutor if the Appellate Court made her original claim moot.

 

The case was filed 21 months ago.