The following was sent July 28, 2015 to the Boone County Board
Subject: Boone County v. Plote
As you may already be aware, I filed suit against Plote for operating beyond the hours approved by the County Board. We obtained a temporary restraining order against Plote from Judge Tobin, and they since violated that order. As such, we filed a motion for sanctions which was set to be heard today.
At the beginning of the hearing, Judge Tobin announced that he had an ex parte communication he needed to disclose to the parties. In sum, he described a phone call that Chairman Bob Walberg made to him. He said that as Chairman it was not unusual for Bob to call him, especially in regards to budget issues. So, he saw nothing inappropriate about taking the call. The content of the call, however, was inappropriate. Judge Tobin described that Bob advised him that he (Bob) did not approve of the lawsuit against Plote. At that point, Judge Tobin told Bob that he could not talk to him about the case and ended the conversation.
He assured the parties that he was not political. While Bob Walberg ran as a Republican, Judge Tobin ran as an Independent and did not owe anyone anything. He then asked the parties whether they wished him to step down from the case. I indicated that I did not wish for him to step down. Plote’s attorney asked for another date to discuss it with his client. An order was entered, a copy of which is attached.
The purpose of this email is to keep the County Board apprised of what occurred in this case as it was the county board who passed the ordinance that restricted Plote’s hours of operation. It is also to advise all members that actions such as this are inappropriate. While there is a pending case, judges are forbidden to have ex parte communications about that case.
Sincerely,
Michelle J. Courier
Boone County State's Attorney
Judge TOBIN
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If you think Chairman Walberg was “out on bounds” you may wish to call your county board members:
2 comments:
Interesting to see Boone County Board's reaction to this-- BOB C.
Reminding an official that a conversation about an ongoing case is inappropriate and then terminating the conversation does not imply culpability of a crime. It may suggest the need for a refresher course in the legal boundaries of communication and disclosure--something that many municipalities overlook as a regular part of educating their leaders as well as their residents. This disclosure illustrates how things Should be handled and was handled. A good lesson for all.
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