East Central Reporter

For several years, the importance of written legal opinions has been emphasized as they provide clarity and understanding to the public. In Shelby County, a recent case involving Vice Chairman Teresa Boehm highlighted this need when the Effingham County State’s Attorney issued a ten-page motion explaining his decision not to proceed with criminal charges against her.

The controversy centered on Boehm's simultaneous roles as a County Board member and a Township Cemetery Board member. Supporters argued there was no legal violation, claiming it was permissible for her to hold both positions. However, the prosecutor's motion did not support this view.

“By the plain language of 50 ILCS 105/1, if the allegations of Count I of the Bill of Indictment are proven true, that Defendant simultaneously held the offices of Shelby County Board Member and Rose Township Cemetery Board Member, she may have committed a crime,” stated the prosecutor. This indicates that holding both offices is not allowed under Illinois law.

Despite deciding not to prosecute, the prosecutor made it clear that this decision was based on factors such as mental state and strict liability rather than any legal permission to hold both offices. “…,the State does not believe that the ends of justice are served by a felony conviction for an unknowing violation of 50 ILCS 105/1 under the facts and circumstances presented.”

The motion further revealed issues such as discrepancies in payments to board members and missing meeting minutes. Paragraphs in the document suggest that while there may have been violations, these were not deemed sufficient grounds for prosecution given Boehm’s lack of knowledge regarding any wrongdoing.

The case underscores questions about transparency and accountability within local governance structures. The prosecutor's motion can be accessed online for those interested in examining its contents more closely.