With less than six weeks left in her term, DuPage County Clerk Jean Kaczmarek is continuing her legal battle with the County Board, seeking a review from the Illinois Supreme Court after an appellate court upheld rulings against her office.
On Thursday, the Illinois 3rd District Appellate Court unanimously affirmed a lower court’s decision requiring Kaczmarek’s office to comply with county accounting procedures and complete budget transfers as directed by the County Board. The ruling supports DuPage County’s position that the clerk’s office must follow established financial controls and transfer funds within the budget to meet payment obligations.
Following the decision, Kaczmarek requested that DuPage County Chief Judge Bonnie Wheaton appoint an attorney to help petition the state’s highest court for a review. Kaczmarek emphasized her responsibility to protect the office’s legal interests until her term concludes, stating her intention to file a petition within the allowed 35-day window.
First elected in 2018, Kaczmarek lost the March Democratic primary to County Board member Paula Deacon Garcia, who is now challenging Republican Patricia Kladis-Schiappa in the general election for county clerk. Both Garcia and Kladis-Schiappa have pledged to end the ongoing legal dispute if elected.
The dispute originated in 2024 when DuPage County filed a lawsuit seeking to compel Kaczmarek to adhere to county-mandated processes for budget management and bill payment. The county alleged that Kaczmarek had violated state laws by refusing to specify budget line items for payments when funds were insufficient in those accounts, resulting in delayed vendor payments and a breach of the state’s prompt payment act.
Kaczmarek contended that the county’s procedures infringed on her statutory authority to exercise internal control over the clerk’s office. She cited prior nonbinding opinions from the Illinois attorney general that, in her view, supported her independent management of budgetary matters. However, the county maintained that its accounting protocols are permitted under state law and essential for financial oversight and proper appropriation of funds.
The appellate court’s decision rejected Kaczmarek’s interpretation of the attorney general’s opinions, finding that the County Board holds the constitutional power to manage county finances, monitor expenditures, and enforce budgetary controls. The court described the accounting procedures as vital to preventing misappropriation and ensuring adherence to budget limits.
DuPage County Board Chair Deborah Conroy welcomed the ruling, expressing hope for resolution and better cooperation with the incoming county clerk. She criticized the prolonged legal fight for its financial and administrative costs, noting the county has spent over $300,000 in legal fees related to the dispute and had to appoint special counsel for Kaczmarek’s office due to conflicts of interest.
Conroy asserted that the conflict could have been avoided if Kaczmarek had complied with legal guidance from the state’s attorney. Meanwhile, Kaczmarek cautioned that the ruling sets a concerning precedent for other elected county officials in Illinois, arguing it blurs the line between the County Board’s fiscal authority and officials’ autonomy in managing their offices.
The timeline for the chief judge’s approval of Kaczmarek’s request for appointed counsel is pending, and the dispute may continue into the final days of her administration.