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East Central Reporter

Saturday, October 12, 2024

Shelby County revisits 1996 legal missteps involving former State's Attorney

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Edgar County Watchdogs, Inc. | Edgar County Watchdogs site

Edgar County Watchdogs, Inc. | Edgar County Watchdogs site

In 1996, Attorney Tom Finks served as the State’s Attorney for Shelby County. During his tenure, a notable incident occurred that highlighted the complexities of legal representation at county board meetings. Finks was present during a meeting where the board decided to enter an executive session improperly. This action led to a conflict of interest, necessitating the appointment of a private attorney by the court to represent the county board.

The appointed attorney, E.C. Eberspacher, had to step in because Finks's presence created a conflict that prevented him from defending the board. This situation resulted in additional expenses for taxpayers due to the need for external legal counsel billing at standard hourly rates.

Reflecting on this historical event reveals that similar issues have persisted over time within Shelby County governance. The recurrence suggests a lack of attention to past lessons among some officials.

The legal stipulations are clear: "He advised the board that they must ask the court to appoint a legal representative for them as the law would not allow them to get another attorney other than the State’s Attorney on their own."

This case underscores why it is recommended that State’s Attorneys refrain from attending county board meetings unless necessary. The history in Shelby County serves as evidence supporting this stance and emphasizes how understanding past mistakes can aid current efforts toward effective governance.

Shelby County's current board majority has been recognized for their attempts to address systemic issues and implement policies aimed at safeguarding taxpayer interests.

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