A judge has ruled former Lake County Circuit Clerk Office supervisors may press their lawsuit, which alleges Circuit Clerk Erin Weinstein improperly fired them for backing her electoral opponent
Weintstein has argued the fired ex-supervisors set policy in the office, which would have allowed them to be discharged for political reasons.
Judge Andrea Wood, of U.S. District Court for the Northern District of Illinois, laid down the ruling Sept. 15. The decision favored Michelle Higgins, Tiffany Deram and Joshua Smothers in their action against Lake County and Circuit Clerk Erin Weinstein.
Higgins and Deram were department chiefs, having joined the office in 1985 and 1998 respectively. Smothers was a supervisor, having joined in 2007. They supported incumbent Circuit Clerk Keith Brin, a Republican, in his unsuccessful 2016 reelection campaign against Weinstein, who is a Democrat and a lawyer.
One hour after Weinstein took office, she told plaintiffs to collect their belongings and leave, according to court papers. Weinstein claimed all three were discharged for poor job performance and because of office restructuring. However, political loyalty was also a valid reason to terminate Higgins and Deram on grounds their positions involved policymaking, Weinstein said.
Plaintiffs sued in October 2017, claiming Weinstein violated their First Amendment right to free speech. In March 2020, Weinstein asked Judge Wood to dismiss the case.
Weinstein argued Higgins and Deram may have been department chiefs, but actually fulfilled the posts of deputy chiefs. The job description for deputy chief allows political affiliation to be a requirement, because the job involves creating policy.
Wood found Weinstein failed to show Higgins and Deram held the deputy chief title or that the title corresponded to the duties Higgins and Deram performed. Most pointedly, Wood noted Weinstein acknowledged Higgins and Deram were department chiefs. Wood further said Higgins and Deram both testified they were unaware of the deputy chief job description and did not meet the job's requirement of having a bachelor's degree.
Moreover, Weinstein testified the replacements for Higgins and Deram do not make policy, leaving Wood to conclude "policy decisions were made multiple levels above" Higgins and Deram.
As far as Weintein's contention Higgins, Deram and Smothers had poor performance records, Weinstein admitted she never reviewed their personnel files before canning them. Instead, according to Wood, "Weinstein generally collected information [about plaintiffs] from the faction within the Clerks’ Office that supported her" and from judges. Weinstein also relied on her own observations as a lawyer interacting with the clerk's office, Wood added.
Weinstein alleged Higgins, Deram and Smothers caused morale problems in the courthouse. In addition, she stated Higgins had two arrests for driving under the influence of alcohol, which made Higgins unsuitable to continue in the clerk's office. Wood pointed out the arrests were 30 years ago, and Weinstein did not show how such old incidents impaired Higgins' ability to do her job.
In light of Wood's refusal to toss the suit, she suggested both sides consider discussing a settlement.
Plaintiffs have been represented by the Chicago firm of Vitale, Vickrey, Niro, Solon & Gasey.
Lake County and Weinstein have been defended by the Illinois Attorney General's Office and the Lake County State's Attorney's Office.