BELLEVILLE - Circuit Judge Patrick Foley set a Feb. 14 hearing on a motion to dismiss a defamation suit that St. Clair County board member Gerard Scott Junior filed against Brad Van Hoose of Belleville 15 months ago.
Van Hoose, representing himself, claims Scott broke a law that prohibits suing as a strategy to restrict a citizen’s participation in public business, known as strategic lawsuits against public participation, or SLAPP.
Foley set the case on track at a hearing on Jan. 8.
“This case has been sitting in limbo far too long,” he said.
He said a number of factors contributed to the delay.
He asked Van Hoose how much time he’d need to argue the motion.
Van Hoose said, “It probably won’t take me an hour to tell that story.”
Foley said if time permits he’ll hear further motions.
A county official filed the suit but the events occurred in Caseyville where Gerard Scott Senior occupies the mayor’s office and Scott Junior runs the water department.
Caseyville Village attorney Doug Stewart of Fairview Heights filed the complaint against Van Hoose for Scott Junior in October 2023, not as village attorney but in separate private practice.
He claimed Van Hoose accused Scott Junior of having a transmission installed in his personal vehicle and having the village pay for all work invoiced by the automotive shop.
He claimed Van Hoose knew or should have known the statements were false and misleading.
He claimed Van Hoose intended to cast Scott Junior in low moral character.
Van Hoose moved to dismiss the complaint under the Citizen Participation Act.
Last January, Scott Junior moved to substitute Tom Keefe of Swansea for Stewart.
Circuit Judge Heinz Rudolf granted it at a hearing in March.
Van Hoose, representing himself, moved for substitution of judge and Rudolf granted it.
Chief Judge Andrew Gleeson referred the assignment to associate judge Jeffrey Watson who in September referred it back to Gleeson for assignment to Foley.
Foley set a conference Nov. 14 and on that date Van Hoose appeared and Keefe did not.
Foley set a conference Feb. 13.
On Dec. 13, Keefe called all pending motions for hearing on Jan. 8.
On Dec. 16, Van Hoose filed a counter petition against Scott Junior alleging defamation, intentional infliction of distress and fraud.
He claimed Scott Junior sued to stop him from seeing documents and to malign political opponents.
He called it a back door attempt to circumvent transparency.
He claimed public funds were used to research and file the lawsuit.
For Foley’s hearing on Jan. 8, Van Hoose appeared and Keefe did not.
Steven Spoeneman of Keefe’s firm appeared for Scott Junior.
Spoeneman married Keefe’s daughter Kelli whose law license is voluntarily inactive.