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People v. Lanigan

Case Date: 10/20/2004
Court: 1st District Appellate
Docket No: 1-03-0421 Rel

THIRD DIVISION
October 20, 2004


No. 1-03-0421

   
THE PEOPLE OF THE STATE OF ILLINOIS,

                    Plaintiff,

v.

THOMAS LANIGAN, ANTHONY BOHLING,
ANDREW REMUS, DANIEL TROIKE and ROBERT
JONES,

                    Defendants and Petitioners-Appellants

(The County of Cook, Intervening Respondent-
Appellee).

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Circuit Court of
Cook County








Honorable
Paul P. Biebel, Jr.,
Judge Presiding.


PRESIDING JUSTICE KARNEZIS delivered the opinion of the court:

Defendants, Cook County deputy sheriffs Thomas Lanigan, Anthony Bohling,Andrew Remus, Daniel Troike and Robert Jones, were indicted on charges of officialmisconduct and obstruction of justice in connection with a car chase and shooting inwhich they engaged while off duty. Lanigan and Bohling were also charged withattempted first degree murder and aggravated discharge of a firearm. The trial courtfound defendants not guilty of all charges. The court denied defendants' petition forappointment of their private counsel as special State's Attorneys and payment of theirattorney fees and costs by Cook County (the county) pursuant to section 3-9008 of theCounties Code (55 ILCS 5/3-9008 (West 2002)). Defendants appeal the court's denialof the petition, arguing that (1) defendants were acting in their official capacity as publicofficers of the Cook County sheriff's department at the time of the incident and,therefore, the State's Attorney had a duty to represent defendants pursuant to section3-9005(a)(4) of the Counties Code (55 ILCS 5/3-9005(a)(4) (West 2002)); (2) theState's Attorney was unable to represent defendants since he was also prosecuting thecase and, therefore, the court should have appointed private counsel to act as specialState's Attorneys to represent defendants pursuant to section 3-9008; (3) payment ofdefendants' attorney fees is not precluded by the requirement that expenditure of publicfunds must be for a public purpose as stated in the Illinois Constitution (Ill. Const. 1970art. VIII,