By Kirk Allen on December 27, 2018
COLES CO., Ill. (ECWd) – The Coles County State’s Attorney, Brian Bower, was selected to fill a vacancy for an associate judge position in the 5th Judicial Circuit. The local paper reported that he was chosen out of twelve applicants, and, according to Judge Shick, he really had all areas of law well covered.
We contend one area of law that clearly is not well covered is County Government, but please don’t take our word for it. Just follow the paper trail.
Brian Bower, as the current State’s Attorney, provides legal counsel to the County Board. Contained in his resignation letter was his legal advice to the County Board as it relates to their duties of replacing him.
“It will be necessary that the Coles County Board appoint an interim State’s Attorney to serve until the next general election, November 2020, prior to the 31st day of December 2018”.
So a future judge, the best of 12 candidates, instructs the County Board that it will be necessary to appoint an interim States Attorney to serve the rest of his term and that it should be done before December 31, 2018, which was his effective resignation date.
Future Judge missed a few key points in his instructions.
What does the law point to as the steps to follow in this situation and did the County Board follow the law with this future judge sitting next to them during the entire process?
- “the county board or board of county commissioners shall declare that such vacancy exists”
The Coles County Board has never declared a vacancy for the office of State’s Attorney, the first step to take before any appointment can be made.
- “The vacancy shall be filled within 60 days by appointment of the chairman of the county board or board of county commissioners with the advice and consent of the county board or board of county commissioners.”
During December 18, 2018, Special Meeting of the County Board, the County Chairman appointed a State’s Attorney to serve until November 30, 2020, and by a majority vote of the board, the appointment became effective on the date of the vote, December 18, 2018. Effective on that date because there was no mention of a beginning term of office, thus it is effective the day of the action, as outlined in the minutes and video of the meeting, shown at this link, where the article continues.