Prosecutor Resigns Amid Sex Scandal Lawsuit In Kendall County

YORKVILLE, IL — Longtime Kendall County First Assistant State's Attorney Mark Shlifka resigned from his job, effective immediately, in connection with a civil lawsuit filed this week at the Kendall County Courthouse by Jacquelin Noto, a 36-year-old woman. The felony criminal defendant accuses Shlifka of abusing his power and authority by having a year-long sexual relationship with her from March 2022 until last month.

Shlifka submitted his immediate resignation on Monday, according to his supervisor, Kendall County State's Attorney Eric Weis.

Her lawsuit also names the Kendall County State's Attorney as the co-defendant. Weis is accused in the lawsuit of reckless supervision of his subordinate, Shlifka.

According to Noto's lawsuit, Shlifka "is in a position to prosecute criminal defendants and work with complaining witnesses and victims, often times acting in a position as their attorney."

Noto, her lawsuit outlined, has been the complaining witness and the victim of two domestic battery cases being prosecuted by the Kendall County State's Attorney's Office, since 2019.

In December 2020, Noto was arrested by Oswego police and charged with several serious crimes including DUI and obstruction of justice, her lawsuit noted. Noto's criminal charges, aggravated DUI and driving with a revoked license, are still pending at the time of this week's lawsuit.

Weis sent Joliet Patch a news release on Tuesday evening that stated, in part:

"On Friday evening, April 21, the Kendall County State’s Attorney’s Office learned that First Assistant State’s Attorney Mark Shlifka had been involved in a dating/romantic relationship with an individual who was both a complaining witness in one case and the defendant in another case in Kendall County. Both matters were/are being prosecuted by the Kendall County State’s Attorney’s Office. Attorney Shlifka was immediately placed on administrative leave from the Kendall County State’s Attorney’s Office on Friday evening. On Monday, April 24, 2023, Attorney Shlifka submitted his resignation to State’s Attorney Eric Weis effective immediately. All courthouse personnel, judges, and law enforcement have been made aware of his resignation."

Joliet Patch left a voice mail with Shlifka, 60, seeking comment for this story, but has not heard back.

Weis, in the lawsuit, is accused of violating the Gender Violence Act as well as reckless supervision of his employee.

According to Weis' press release, "After confirming the existence of the dating/romantic relationship, the Kendall County State’s Attorney’s Office filed appropriate court pleadings in both matters to ensure the continued integrity of these proceedings and to ensure that both defendants receive a fair trial. Additionally, the Attorney Registration and Disciplinary Commission has been notified. Finally, while the Kendall County State’s Attorney’s Office is not aware of any other individuals or incidents regarding Attorney Shlifka, State’s Attorney Weis has requested an outside State’s Attorney’s Office to conduct any investigation if the need should arise."

Meanwhile, Noto, in recent days, also filed an order of protection against Shlifka in neighboring DuPage County, which is the county where she lives.

The protection order noted that Shlifka is a resident of Montgomery.

On March 4, "I told Shlifka that I no longer wanted a relationship with him," she wrote the court. "He removed his items from my home but failed to take one of his cellular phones. I discovered that he videotaped us without my knowledge of our sexual encounters."

Noto also stated in her protection order petition that "he supervises and participates in a 402 conference with my defense attorney and the presiding judge. I am filing a motion for a special prosecutor among the motions in my criminal case. I am fearful he will retaliate against me for filing the motions. I am fearful that he knows a lot of judges, attorneys, law enforcement and he will use his position of authority to intimidate me to withdraw my motions.

"I am also fearful that there are other photos or videos of me that I am not aware of that he will disseminate."

According to plaintiff's attorney Jeffrey Deutschman of Deutschman & Skafish in Chicago, Shlifka had a sexual relationship with Noto from March 2022 until March 2023 "during the time in which she was a criminal defendant in a pending case and also a complaining witness and victim of domestic abuse matters ... this sexual relationship between the defendant and the plaintiff was brazenly open.

"The defendant took the plaintiff on vacations and speaking engagements with him, took her to a party where many Cook County judges and lawyers present, stayed over at the plaintiff's residence on many occasions and met her at a hotel near the Kendall County Courthouse on many occasions where they had sexual relations."

Noto "felt compelled to comply with the defendant's amorous whims and sexual exploitation as he was the First Assistant State's Attorney and might help her cases," Deutschman's lawsuit outlined. "The defendant knew or should have known that this sexual relationship was inappropriate, unethical and in violation of his offices' policies, protocols and procedures."

As for Weis, the State's Attorney, he "knew or in the exercise of reasonable care and caution should have known that their employee, First Assistant State's Attorney Mark Shlifka had sexual harassment/sexual predator propensities and posed a risk of bodily harm to persons in close proximity to him, including the plaintiff," the lawsuit alleges.

Weis, the lawsuit contends, perpetuated gender-related violence "by encouraging or assisting Mark Shlifka by its failure to supervise and monitor Mark Shlifka and after the defendant had known that its employee had sexual deviant tendencies and did nothing about it and nothing to secure the safety of the public, including the plaintiff."

The lawsuit seeks a judgment in the plaintiff's favor from a Kendall County jury in excess of $50,000, plus attorneys fees and other costs for bringing the lawsuit forward.

Shlifka's departure from Kendall County may impact the ongoing efforts by the Joliet Police Department and Shlifka to prosecute now-retired Joliet Police Sgt. Javier Esqueda for being the whistleblower in the controversial death of Black Joliet prisoner Eric Lurry.

Lurry died in Joliet police custody in late February 2020. Esqueda came forward five months later and accused fellow Joliet police of killing Lurry, who died of suffocation, and engaging in an evidence cover up.

By October 2020, after Esqueda had spoken out to CBS Channel 2's Dave Savini numerous times, Joliet Police Chief Al Roechner had his detectives bring several counts of official misconduct against Esqueda, who was charged in Kendall County rather than in Will County, where the case should have been handled.

During the numerous courtroom pretrial hearings since 2020, Shlifka has been the primary prosecutor for Kendall County trying go convict Esqueda and opposing efforts by Esqueda's defense attorney, Jeff Tomczak, who argues the criminal charges need to be dismissed.

Related Joliet Patch coverage:

Joliet Police Treated Sgt. Esqueda 'Like Garbage' He Reveals

7-Day Suspension: Joliet Police Sgt. Doug May Slapped, Demeaned Eric Lurry

Joliet Officer Jose Tellez Turned Off Car's Video System As Eric Lurry Died

Joliet Police Supervisors: Sgt. Esqueda Faces Expulsion