Peoria County auditor wins latest round in court. Here's what's next

Peoria County Auditor Jessica Thomas stands by a row of portraits of county auditors outside of her office in the Peoria County Courthouse. Proposed budget cuts by the Peoria County Board could remove her three staff members.
Peoria County Auditor Jessica Thomas stands by a row of portraits of county auditors outside of her office in the Peoria County Courthouse. Proposed budget cuts by the Peoria County Board could remove her three staff members.

PEORIA − A judge here has ordered Peoria County to keep paying the salary of Jessica Thomas, the county's auditor, despite a referendum earlier this month that had enough votes to eliminate the office.

Peoria County Judge James Mack said Monday that as long as a lawsuit Thomas filed last year is pending, then the county has to fund her office at the budgeted levels. Currently, that's only her salary and benefits as the county board didn't include any employees in her 2023 budget.

When reached, Thomas said the decision was a good one that protected voters.

"I won my election outright in 2020 for a full four-year term," Thomas said. "The county trying to undercut that is not fair to the voters and to the democratic process."

More:Documents show behind-the-scenes battles over auditor's office in Peoria County

Voters overwhelmingly voted to eliminate the auditor's office on Nov. 8. County officials thought that would mean funding should shut off at the end of the month. Thomas and her attorneys disagree, believing she's in office until at least 2024 when her term ends.

When reached, Scott Sorrel, the county's administrator, said there would be no comment as the case is still pending. He did reiterate a statement made by an attorney hired by the county that an appeal of Mack's order would be filed very soon.

Thomas had filed suit last year arguing the county's efforts to defund her office, as a precursor to the voter referendum, was illegal. The request for an injunction − a legal way to stop the actions of another − was part of that suit.

Mack's ruling doesn't necessarily mean Thomas will remain in office until 2024. His ruling only covered the term the case was pending. The county's appeal could delay a ruling, as such a move tends to push other pending matters to the back burner until the appeal is finished.

More:Push to eliminate Peoria County auditor won by wide margin

Justin Penn, one of Thomas' attorneys, took heart in the judge's ruling, noting Mack felt that as of Monday Thomas' case had a better "likelihood of success" than the county's legal arguments. Both sides are due back in court on Dec. 15 for a review hearing.

Another lawsuit filed by Thomas is now pending before the appellate court. That suit challenged the wording and the nature of the referendum.

The legal tussles are just the latest in the county's efforts to eliminate the office. They tried and failed in 2018 to restructure the office by making it appointed. And for years, they have talked about slashing its budget, so much so that one auditor quit a month after she was reelected.

This article originally appeared on Journal Star: Auditor wins latest round of court proceedings against Peoria County