EAST ST. LOUIS – Assistant Illinois attorney general Thomas Ewick, whose misconduct in a suit against Chester mental health hospital cost the state in cash and strategy, was removed from the case.
Assistant attorney general Lisa Cook entered an appearance on March 31 and stated the case would soon be reassigned to another assistant attorney general.
She immediately requested and received 30 days to pay $3,600 in sanctions that Chief U. S. District Judge Nancy Rosenstengel imposed for Ewick’s discovery violations.
The state has owed Carbondale lawyer Shari Rhode $2,250 for more than six months and has owed her $1,350 for more than six weeks.
Although Rhode hasn’t seen the money, she has obtained an order prohibiting the state from initiating discovery and an order striking its affirmative defenses.
Rhode represents Angela Cowell, the hospital’s coordinator of admission and discharge.
Cowell sued the hospital, administrator Travis Nottmeier, chief social worker Jalma Klausing, and human resources employee Jessica Lawson in 2021.
She alleged discrimination on the basis of sex and disability, interference with rights under medical leave law, and infliction of emotional distress.
Ewick moved to dismiss the complaint and Rosenstengel denied the motion, finding Cowell created an inference of personal animosity.
Ewick filed affirmative defenses last April.
He claimed Cowell would have received unfavorable employment actions in the absence of any protected conduct.
He claimed she failed to exhaust other remedies or take advantage of corrective opportunities.
He also claimed she failed to mitigate her damages.
Ewick alleged the defendants exercised reasonable care to prevent and correct discriminatory conduct.
He added that they acted in good faith within the scope of their employment.
Ewick didn’t respond to Rhode’s requests for discovery.
Rhode moved to compel discovery in May, and Rosenstengel granted the motion.
Ewick didn’t comply, and Rhode moved to prohibit the state from initiating discovery.
Rosenstengel granted the motion in October and awarded $1,350 to Rhode for spending 2.7 hours on the discovery motion at $500 an hour.
In November, Ewick stated he met his discovery obligations but needed 30 days to pay Rhode.
In January, Rhode advised Rosenstengel that she still hadn’t received the fee.
Ewick responded that he expected a necessary form to be provided to the state comptroller within a week, “and the payment will be processed shortly thereafter.”
At a hearing in February, Rhode again said she hadn’t received the fee.
Rosenstengel said, “My patience is out,” and she struck Ewick’s affirmative defenses.
She directed Rhode to submit another bill for fees, and Rhode submitted a bill for $2,250.
Rosenstengel set a March 29 deadline for payment and directed the state to apprise her of any issues impacting payment.
She warned that the next sanction would be default judgment.
The deadline passed and Cook replaced Ewick two days later.
She wrote that payment must come from the treasury on a warrant of the comptroller out of appropriations under the State Employee Indemnification Act.
“In order to process such payments, which is the same for a sanction, a judgment, or a settlement, the involved agency and the office of attorney general must certify that the amount was properly presented and documented and confirm approval for payment,” Cook wrote.
“Then, Central Management Services must process the claim and it will ultimately be paid by the Illinois comptroller,” she added.
“Although there were delays with the payment of the prior sanction amount, the undersigned believes that the issues with certifying plaintiff’s counsel for payment have been resolved and the payment will be remitted to plaintiff very shortly,” she continued.
“There were issues reconciling the W9 from plaintiff’s firm with the Central Management Services and comptroller systems,” Cook wrote.
“For the present sanction amount, the necessary form that certifies the claim has been signed by both the Department of Human Services and the office of attorney general,” she wrote.
“Central Management Systems has received the documentation and it is being logged and processed for submission to the Illinois comptroller,” Cook concluded.
She wrote that she would work with a new attorney to ensure payment as soon as practicable.