Cronin Looking for Best Qualified Replacement for Birkett, Not a Caretaker

Dan Cronin, soon to be sworn in as DuPage County Board chairman, is not looking for a caretaker to serve the remainder of  Joseph Birkett's term as state's attorney, nor is he focused on appointing a woman, according to Julie Kelly, spokeswoman for Cronin.

Cronin will be sworn in as the DuPage chairman Dec. 6. On Dec. 14, he will lead his first board meeting, where the board may vote to approve Cronin's appointment of a new DuPage state's attorney. State law gives Cronin the right to name a replacement, with confirmation by the board.

Birkett, appointed as a judge on the Second District Illinois Appellate Court, will be sworn in for that job on Dec. 13. 

The replacement would serve the remaining two years of Birkett's term, until the 2012 election. Whether the person who is appointed wants to run for a full term in 2012 isn't a factor for Cronin in making the appointment, Kelly said.

"His top priority is finding the best and most qualified person for the job," she said.

First Assistant State's Attorney Nancy Wolfe, the only woman who has expressed interest in the job, is "certainly on the short list," Kelly said, but her gender will have nothing to do with Cronin's decision.

A Chicago Tribune article reported that in 1994, a number of prospective appointees emerged to replace DuPage County State's Attorney James M. Ryan, after he was elected Illinois attorney general. In early 1995, Gayle Franzen, then County Board chairman, named Anthony Peccarelli, a retired Illinois appellate judge, to complete Ryan's term. Peccarelli had no interest in running for the job after the appointment expired.

"It seems like Dan's (Cronin's) going to pick someone not as caretaker, but someone who will want the job and want to run in two years," said County Board Member J.R. McBride, who represents District 4. "I think that's going to be a daunting task on who he picks."

Birkett said he has no role in Cronin's decision, other than to say he's devoted three decades of his life to the office.

"I think Cronin agrees (with me) that it should be an experienced prosecutor," he said. Birkett added that the person who gets the job should also have management experience and experience trying serious felony cases and "understands what it takes" to do that.

"It's a job that should not be taken lightly or as a platform to propel someone on in a political life," he added.

This will be Cronin's first major decision with the county board and could be one of the more important appointments he makes, McBride said.

"It'll be the biggest appointment he'll ever have ... if he serves for he next 20 years ... This is the position of all positions."

Two other members of Birkett's staff—Chief of Criminal Prosecutions Robert Berlin and Deputy Chief of Criminal Prosecutions Joseph Ruggiero—and two County Board members, have also expressed interest in the position. The board members are Patrick O'Shea, R-Lombard, an attorney in private practice, and the County Board vice chairman, and John Curran, R-Woodridge, an assistant state's attorney in Cook County.

Birkett said there's an issue concerning the County Board members who want the job. Birkett says they can't be considered unless they resign from the board.

"Cronin knows the law and the boundaries and those men are lawyers and they know they can't—or shouldn't be—part of the deliberative process until they resign," he said. "At what point that mark comes, I don't know."

He added, "They can't serve as both. And you can't use your position as a County Board member to influence votes confirming your appointment—that's a slippery slope."

Over the last few years, the State's Attorney's Office was always a little tough to deal with, according to County Board member Grant Eckhoff, who also represents District 4. There were disputes between the state's attorney and the county board that rose to an unnecessary level, he said.

"I'd like to see us work together a bit better," Eckhoff said, concerning the new state's attorney.

Asked about Eckhoff's comment, Birkett responded, "He's never expressed that. He has my cell phone number."

Birkett said that the State's Attorney's Office has an "excellent reputation" among elected officials. The office has received numerous awards over the years, he said, and has been sought out by other counties seeking advice, including Will, Kane, Cook and Lake counties. 

"We communicate. We don't have fiefdoms. We understand we work for the people," Birkett said. And as long as that remains the attitude of his replacement, the success of the office should remain intact, he added.