By Ben Stanley
Rockford Register StarPosted Aug. 19, 2015 at 2:00 PM
Updated at 9:24 AMBELVIDERE — A lawyer representing Plote Construction asked Monday that Judge Rob Tobin recuse himself from a lawsuit filed by Boone County that accuses Plote of operating beyond the hours approved by the County Board and violating a temporary restraining order.Tobin will be replaced by Associate Judge Philip Nicolosi.In July, Boone County State's Attorney Michelle Courier told Boone County Board members that Chairman Bob Walberg had inappropriately communicated to Tobin that he did not approve of the lawsuit against Plote. Courier also gave a letter to the county board that stated: "while there is a pending case, judges are forbidden to have ex parte communications about that case."According to the transcripts of a July 28 hearing at the Boone County Courthouse, Tobin told Courier and Plote's lawyer, Warren Fuller, he received a call from Walberg sometime within the previous two weeks."His statement was to the effect of 'the whole board does not support this litigation,' " Tobin said. "I don’t think I learned anything. The fact that 12 people can’t agree on a course of action isn’t particular to, or specific to, Boone County. ... It doesn’t affect me because I don’t owe him or anybody anything. But again, I thought that, as far as disclosure goes, I would at least disclose it to both sides before proceeding any further."Tobin said that phone calls from Walberg were not unusual and he had been contacted by Walberg "around five times or so" in the last three years, usually to discuss budget or administrative issues, but until recently, never to discuss a specific case."If either side felt uncomfortable with me hearing the case based upon this knowledge, I’d be happy to recuse myself," Tobin went on to say during the hearing. "On the other hand, if knowing this information, both of you are comfortable with me continuing to hear the case, I can assure you that neither that phone call or any other information would ever affect the way that I rule on any particular position."Though Courier said the county would be comfortable with Tobin presiding over the case, Fuller asked for time to consult with his client. On Monday, Fuller asked that Tobin recuse himself from the proceedings.Fuller could not be immediately reached for comment.Courier said that the lawsuit will not start over from scratch since decisions that have already been made in the county's case against Plote are already in effect, but the remainder of the proceedings will be reassigned to Nicolosi.
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