SPRINGFIELD – Attorney General Kwame Raoul has failed to cut a $1,350 check his client has owed to Carbondale lawyer Shari Rhode since October.
A brief that assistant attorney general Thomas Ewick filed in U. S. district court about the overdue payment on Jan. 26 provides a parody of clumsy bureaucracy.
Rhode represents Angela Cowell of Willisville, who sued Chester mental health hospital and administrators Travis Nottmeier, Jalma Klausing, and Jessica Lawson in 2021.
Cowell alleged sex discrimination, disability discrimination, violation of medical leave law, and infliction of emotional distress.
She sought actual and punitive damages.
Ewick moved to dismiss the complaint and Chief District Judge Nancy Rosenstengel denied the motion last March, finding Cowell created an inference of personal animosity.
Rhode immediately moved to compel discovery, claiming Ewick hadn’t produced anything.
Rhode sought sanctions, and Rosenstengel directed her to specify an amount.
Rhode stated she spent 2.7 hours on the discovery motion at $500 an hour.
Ewick didn’t respond.
In June, Rhode moved to prohibit the state from initiating discovery as a sanction for failure to provide discovery.
Rosenstengel granted the motion on Oct. 7 and ordered Raoul to pay Rhode $1,350.
On Nov. 7, Ewick told Rosenstengel he needed 30 days to process the fee.
On Dec. 14, she gave him four days.
Ewick didn’t respond.
On Jan. 6, Rhode told Rosenstengel she hadn’t received a check.
On Jan. 10, Rosenstengel ordered Ewick to respond by Jan. 17.
He responded nine days past his deadline. Ewick wrote:
“The undersigned as (sic) worked on securing the award of attorney fees with his clients and office but to date the award has not been paid."
“Initially, after the award was entered by the Court, there was discussion among the undersigned, his supervisors and clients about which office would be responsible for payment."
“The undersigned was informed that an Indemnity Act Certification Form needed to be completed for the State Comptroller to process payment."
“The undersigned had little experience with this form and the procedures for processing payment out of the Indemnity Fund but completed the required form and sent it to his Bureau Chief for further processing."
“However, on December 21, 2022, the undersigned received an email from his Bureau Chief that the certification form the undersigned had sent him for processing needed to first be signed by the Department of Human Services before it could then be sent from the Bureau Chief to the Division Chief to provide to the State Comptroller.”
“The undersigned has provided a copy of the Indemnity Act Certification Form to the Department of Human Services, and was advised this week that its General Counsel would not be available to sign it until Friday, January 27, 2023 but that the General Counsel would sign on that date and return to the undersigned.”
“The undersigned anticipates receiving the Indemnity Act Certification Form on January 27, 2023 and will provide it to his Bureau Chief which will in turn provide it to the Division Chief for signature and to pass on to the Illinois State Comptroller.”
“Any errors or mistakes in the process of securing payment were inadvertent and due to the undersigned inexperience and unfamiliarity in processing payments pursuant to awards of the Court.”
“The undersigned expects the Indemnity Act Certification form to be provided to the State Comptroller within the next week and the payment will be processed shortly thereafter.”
“Since the Court issued sanctions and granted Plaintiff’s motion to compel in October 2022, Defendants have been compliant with Plaintiff’s discovery requests and have agreed to mediation per the Court’s orders.”
“Wherefore, for all of the foregoing reasons, Defendants respectfully requests this Court not issue additional sanctions or hold them in contempt at this time.”
Rosenstengel set a hearing Jan. 30 but Rhode moved to postpone it after snowfall caused a judge in a separate case to postpone a hearing to that date.