From the Daily Herald
Gorecki seeks stay in penalty
By Lisa Smith Daily Herald Staff Writer
Kane County State's Attorney Meg Gorecki asked the Illinois Supreme
Court to postpone the suspension of her law license until she finishes
her term of office next year
In a motion filed Monday, Gorecki said she will not seek a rehearing but
is seeking a one-year delay "to finish the job she started and which
extrinsic evidence shows she has done with relentless dedication ..." But
the Attorney Registration and Disciplinary Commission, which brought
Gorecki's misconduct claim before the court, is preparing to file an
objection to her motion by Monday. ARDC chief counsel Jim Grogan said the objection
will argue the effect
such a postponement might have on the state of attorney discipline. It is unclear
how soon the Supreme Court will issue a decision. According to Grogan, the state's
high court typically has granted a
postponement, or "stay," in cases in which the suspension would cause
a
hardship to the attorney. But even in those cases, Grogan said, the
delay is not issued for an entire year. "At least in our institutional
memory, we cannot recall the court issuing
a stay for a year or anywhere near the amount of time sought in this
proceeding," he said. The suspension, which was issued Nov. 20, is scheduled
to become
effective Dec. 18. Gorecki requested a postponement until Nov. 30, 2004.
Such a delay, she argues, "would allow continuity in the operation of
the
office of state's attorney, for the benefit of Kane County." Before Gorecki's
motion was filed, the Illinois attorney general's office
was scheduled to advise the county on whether Gorecki can legally remain
state's attorney - taking a four-month leave of absence and appointing
an interim replacement - or if she is required to step down. That
decision has been postponed as the Supreme Court prepares to review
Gorecki's argument.
Gorecki announced in August that she would not seek re-election to a
second term. Her suspension stems from three messages Gorecki left on a friend's
answering machine in 1998 suggesting a county job could be bought in
exchange for campaign contributions. In the 17-page motion filed by Chicago
attorney Sheila Finnegan, who
represented Gorecki during her misconduct hearings, Gorecki says she
"does not in any way seek to avoid the consequences of her misconduct"
and "accepts complete and absolute responsibility for her misconduct and
accepts the sanction the court has imposed." In arguing for the delay,
Gorecki cited the Illinois Supreme Court's own
opinion that "there is little likelihood of misconduct from (Gorecki) in
the future." She also cited the support of Kane County Board Chairman Mike
McCoy, as
quoted in the Nov. 21 Daily Herald. McCoy had said he would support
Gorecki's keeping her job and that he hoped Gorecki's suspension would
be delayed until the end of her term. And she enumerates her professional accomplishments
as state's attorney,
including a 100 percent conviction rate on cases she has tried; and her
creation of a domestic violence unit, a community prosecution unit in
Aurora, a sexual assault response team and an animal rights and welfare
task force. A copy of the motion was sent via overnight mail to the ARDC Wednesday
-
the day before Thanksgiving. The office filed the paperwork Monday.