Lake County Circuit Court Clerk Erin Weinstein. (Photo courtesy of Lake County)

A civil suit seeking back pay, compensation, and a statement of wrongdoing was filed by three former employees of the Lake County Circuit Court Clerk’s Office alleging political bias in their terminations by current clerk Erin Cartwright Weinstein, as a retaliatory measure for supporting incumbent clerk Keith Brin, during the Nov. 8, 2016 general election.

The suit names Weinstein and former deputy clerk Donna Hamm, in their individual capacities of duty, the clerk’s office, and Lake County, as defendants.

The Oct. 23 filing in United States Northern District Court, of the Eastern Division in Chicago lists former clerk personnel Michelle “Micki” Higgins, Tiffany Deram, and Round Lake Beach branch court supervisor Joshua Smothers as plaintiffs. The action is based on the redress of violations under the First Amendment, for free speech and the 14th Amendment, for equal protection under the law.

The suit alleges that “Cartwright was sworn in at approximately 8 a.m. on the morning of Dec. 1, 2016. Approximately one hour later, plaintiffs were suspended. Plaintiffs were physically escorted out of the office before Cartwright arrived after the swearing in, and they were officially terminated the very next day, on Dec. 2, 2016.”

The three plaintiffs were known supporters of Brin, often attending debates and events wearing Brin T-shirts and buttons, whereupon Cartwright would “glare and stare at them.”  Through a campaign website, “pictures (were posted) of plaintiffs planting Keith Brin signs during the campaign, and falsely suggested that such activity was occurring, while they were supposed to be working.

The filing states, “Cartwright directly, and through the websites, repeatedly called for the ouster of plaintiffs should she win. Comments on the websites were, on information and belief, directed, authored, or encouraged by the Cartwright campaign (though designed to look like they were spontaneous comments from the public), called for the ouster of Keith Brin and plaintiffs, sometimes specifically identifying them by name.”

The circuit clerk race was won by Weinstein, as a Democrat, with a total of 153,120 (53.43 percent) votes cast in her favor, while Brin, the Republican candidate, received 133,446 (46.57 percent) votes, out of 415 precincts reporting. Weinstein had run for the office on the premise that Brin’s leadership had caused morale problems among employees, not advanced the public access internet portal, and created an environment of general inefficiency.

The filing also states that Brin’s predecessor, Sally Coffelt, “used the … office like her own family employment agency. She employed her son, brother, nieces and nephew there; she also employed others connected to her family in various ways.”

She later endorsed Weinstein to protect those employees, who continue in their high-salaried positions at the clerk’s office.

“She (Weinstein) is very saddened by the filing of the lawsuit, and is currently reviewing the documents,” said Leah Dziekan, the office’s communications coordinator. “There is no further comment at this time.”

According to the lawsuit, Deram’s termination was related to a March 2015 internal audit, which she conducted, that resulted in the arrest and charges against two employees that allegedly knowingly altered court records of acquaintances for personal benefit. One of the employees allegedly changed documents that were inclusive of her personal mortgage foreclosure files, while the other employee allegedly modified the criminal documentation of family members.

Both employees were under the direct oversight of Hamm, who resigned her post following the submission of the audit report and being confronted by Brin over “serious job performance issues.” Deram contested her termination, as well as the denial of her rights under the Illinois Whistleblower Act.

“My clients were punished and humiliated through blatant and heavy-handed retaliation,” said defense attorney Paul Vickery, of the Chicago-based firm of Vitale, Vickery, Niro & Gasy LLP. “This is the most direct redress, at this point … it is political, and punishing good employees.”

The suit addresses the three terminations as “mendacity … by the false explanations given each of plaintiffs for their terminations. Plaintiff Higgins was told she was being terminated due to a restructuring and a job elimination, and yet her job continues to be performed by others. Plaintiff Deram was told she was being terminated due to a ‘change in management.’ Plaintiff Smothers was told he was being terminated due to a ‘reduction in force,’ but his work is still being done … . Now it takes two people.”

The case has been assigned to District Court Judge Andrea Wood, with a status hearing scheduled for Jan. 3. Both parties have been directed to file status reports, no later than one week, prior to the initial hearing. 

—Lawsuit claims political bias against Lake County Circuit Clerk–