McHenry County Blog has covering the Lakemoor hemp case.
The latest action took place in a Lake County courtroom.
Lake Co State’s Attorney’s Office Does not know it is a State Office
On Monday, in an analogous Hemp case addressing the same search warrant as the McHenry County case against the licensed Hemp processors, Assistant State’s Attorneys in Lake County actually argued that the Lake County State’s Attorney’s Office was a county office.
They further argued that the Plaintiff in the McHenry County case “The People of the State of Illinois” was not the same party as in the Lake County Case where the Plaintiff is “The People of The State of Illinois”.
In response to the State’s argument Attorney Robert Hanlon addressed the court addressing the significant error of Eric Reinhart’s assistants by pointing out that his formal commission as State’s Attorney was issued by the Governor of the State of Illinois.
Attorney Hanlon pointed out that the Illinois Constitution creates the constitutional office of State’s Attorney with each state officer elected in each county and that is why State’s Attorneys often write “states attorney in and for the county of X”.
Ironiocally, the Lake County State’s Attorney’s office made the same failing argument in Office of Lake County State’s Atty. v. Human Rights Com, 235 Ill. App. 3d 1036.
Given the name of the office is “State’s Attorney” you would think that the Assistants entrusted by Eric Reinhardt to act on his behalf would know that they are employed as a state office.
My artificial intelligence produced this response to my inquiry:
“The Illinois Supreme Court has consistently held that the State’s Attorney is a state officer. See Ingemunson v. Hedges, where the Illinois Supreme Court reaffirmed that the State’s Attorney is a state officer under the 1970 Illinois Constitution, noting that the drafters of the Constitution intended this classification.” It cited to the cases referemced by Attorneys Hanlon and Fox News Contributor Donna Rutonno on behalf of defendants. Those cases include People v. Ringland, County of Cook ex rel. Rifkin v. Bear Stearns & Co. Even in People v. Ringland, the court emphasized that the office of the State’s Attorney is part of the executive branch and exercises executive powers.
So how is it that Eric Reinhart’ assistants do not know they are employed in a state office?
When asked for comment or a possible explanation on this issue, Attorney Hanlon stated: “ A State’s Attorney’s salary is set by the State of Illinois based on population of a county. That is very much unlike a County officer that has a salary set by the County Board. The State of Illinois pays the county the amount of the State’s Attorney’s salary and the county disburses the State’s Attorney’s pay to him, but legions of authority exist that show the position of State’s Attorney is a State office and that is why it’s called the “State’s Attorney”.
When asked for further comment, Attorney Hanlon stated “It’s a bit rich that the people entrusted to prosecute criminal cases for the Lake County State’s Attorney’s Office haven’t even read the title of their own office.”
More embarrassing for the Assistant State’s Attorneys was Attorney Hanlon’s comment in response to the assertion that a different Plaintiff existed in McHenry County.
Attorney Hanlon comment on this point was: “ Cal, all one has to do is read the caption of the cases where both read “The People of the State of Illinois.”
