DuPage Judge Takes Sides On Facebook In Matter She Ruled On

ELMHURST, IL – DuPage County's chief judge, Bonnie Wheaton, has ruled in the same political matter she "liked" on social media.

County Clerk Jean Kaczmarek and County Board Chair Deb Conroy have battled in court over jurisdictional issues involving finances.

An appeals court recently sided with Conroy. So Kaczmarek on Oct. 23 asked Wheaton for permission to appoint a lawyer to file another appeal.

An hour later, Wheaton declined the clerk's request, saying the clerk only had 11 days left in office. She said Kaczmarek's successor could issue such a request.

Wheaton seemed to believe Kaczmarek's four-year term was ending on Election Day, which was Tuesday. But the judge was wrong. The clerk's term ends in early December, which was more than 35 days away when the judge emailed the clerk.

After Kaczmarek pointed out the error four days later, Wheaton stuck to her original position.

"If your successor wishes to pursue an appeal, a request for appointment of counsel will be addressed in a timely manner," Wheaton said.

On Oct. 22, County Chair Conroy posted on Facebook, "Drama over. County Board won the court case against the Clerk in a 3 to 0 ruling."

Among those "liking" the post was Judge Wheaton.

Area watchdog Edgar Pal has filed a complaint against Wheaton with the Judicial Inquiry Board. He alleged the judge broke the judicial code. The code, he noted, bars a judge from making a "public statement about a matter pending or impending in any court."

Pal said it was especially concerning because a request for a lawyer was presented to Wheaton.

The judge has not returned Patch's messages for comment.

In Marc's Democratic primary, County Board member Paula Deacon Garcia defeated Kaczmarek in a landslide. On Tuesday, Deacon Garcia cruised past her Republican opponent, Patricia Kladis-Schiappa.

Conroy backed Deacon Garcia for clerk, meaning any appeal is unlikely.

Wheaton plans to retire in January.