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Home arrow Rules and Orders arrow Latest News arrow Preliminary Injunction Entered In Favor of the Court and Against Winnebago County
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Preliminary Injunction Entered In Favor of the Court and Against Winnebago County Print E-mail

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Today, Judge Ronald M. Jacobson, sitting by assignment of the Illinois Supreme Court, entered a preliminary injunction in favor of the Chief Judge of the 17th Judicial Circuit and against the County of Winnebago.  The purpose of the injunction is to ensure that the County continues to fund certain services which the Court deemed essential but which the County has refused to fund.  

First, Judge Jacobson barred the County from giving effect to a $173,000 budget reduction which he found was imposed illegally by the County Board:

 

Defendants shall continue to pay the salaries and usual employment benefits of all probation department staff of the Seventeenth Judicial Circuit Court, Winnebago County, Illinois, through the end of Fiscal Year 2017; and

 

Defendants shall not rely on the $173,126.00 illegal budget amendment (Budget Amendment (2017-002) as a basis to refrain from making the payments described above.

 

It should be noted that the County offered no defense of the illegality of this budget reduction.

 

Second, Judge Jacobson ordered that the County must continue to pay for detention officers hired by the Court primarily to deal with new security requirements resulting from Illinois Supreme Court Rule 943 and an Intergovernmental Agreement – approved by the County – requiring Court personnel to take on additional responsibilities:

 

Defendants shall continue to pay the salaries and usual employment benefits of all juvenile detention staff currently employed by the Seventeenth Judicial Circuit Court, Winnebago County, Illinois, through the end of Fiscal Year 2017.

 

Third, Judge Jacobson ordered that the County must allow the Court to hire an additional bailiff necessitated by the Legislature’s addition of a new judge:

 

Defendants shall process the paperwork necessary for the hiring and payment of the salary and usual employment benefits of one additional courtroom bailiff through the end of Fiscal Year 2017.

 

Finally, Judge Jacobson ruled that the County could not decline to fund the legal research expenses of the Court and the Public Defender simply because planned revenue did not materialize: 

 

Defendants shall make funds available to the Court for the payment of Westlaw expenses for the Seventeenth Judicial Circuit Court, Winnebago County, Illinois and the Winnebago County Public Defender’s Office in order to conduct electronic legal research through the end of Fiscal Year 2017.

 

Judge Jacobson’s order granting the preliminary injunction is not the conclusion of the case, but it reflects his determination that the Court had demonstrated a “likelihood of success” on the merits of its case.

Documents available for download -

Court Order entered September 8, 2017.

Transcript of Hon. Ronald Jacobson's ruling on the Motion for Preliminary Injunction.

 

 

 

 

 

 

 

 

 

 

 

 

 
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