Former Kane County Assistant State’s Attorney Eric Walliser has filed a whistleblower lawsuit against Kane County and State’s Attorney Jamie L. Mosser, alleging wrongful termination after he reported an institutionalized court-record backdating practice, according to a Mar. 24 statement from Custardo Law, LLC.
The case raises questions about transparency and accountability in the county’s legal system. The complaint claims that criminal court filings were sometimes processed late but stamped as if they had been submitted on time, potentially affecting legal deadlines and outcomes for defendants.
According to the complaint, Walliser was fired just days after disclosing this alleged systemic issue during an internal investigation. The suit also states that the firing came at a time when the State’s Attorney’s Office faced public scrutiny following findings by the Illinois Secretary of State regarding improper handling of a DUI case linked to a fatal crash in late 2024. The Secretary of State reportedly asked federal authorities to audit the office for similar practices.
Attorney Matthew R. Custardo said, “This case is about more than just a prosecutor being fired. It is about an institutional backdating practice that Mr. Walliser reported internally, and the State’s Attorney’s decision to make him the fall guy instead of confronting the broader problem. When a prosecutor is fired days after disclosing a systemic court-record practice, that raises serious questions about retaliation, accountability, and public trust.”
The lawsuit seeks damages and other relief under Illinois law. Custardo Law LLC represents Walliser in this matter.
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All information contained in this statement comes from the Verified Complaint filed as public record with the Court; defendants are expected to oppose these positions and no court ruling has yet been made.
