KANKAKEE CO., IL. (ECWd) -
UPDATE: The Kankakee County State's Attorney provided the following statement: "We are in the process of amending those claims to appropriate them from the general fund, from which I would agree they should be paid. Those funds will thereby be restored to the tort fund and this has been corrected going forward. The Daily Journal / David Giuliani raised this issue recently; in response to his inquiry we researched the matter and I agree with his and your assessment. "
During our review of Kankakee County expenditures for the past fiscal year, we found the TORT Fund was used for paying dues to the ARDC, Attorney Registration and Disciplinary Commission.
On December 14, 2017 the following were paid out of the TORT Fund:
- $121.00 ARDC Dues x 3
- $385.00 ARDC Dues x 13
These dues for FY 2017-2018 total $5,368.00 that we allege are improper expenditures out of the TORT Fund.
There are strict rules for TORT Fund use, and this is not one of them.
The Kankakee County Auditor has all expenditures posted online for your viewing pleasure (here) and you can toggle to only view the TORT Fund (or any other fund you desire).
While Section 9-101(f) of the TORT Immunity Act authorizes retention of independent legal services in some instances, it does not authorize payment of association dues, licensing, or continuing education for the independent legal counsel or any other counsel.
We ask the County to reimburse these expenditures to the TORT Fund.