Motion for judge change denied

July 19, 2006

By Wood

Tuesday, July 18, 2006

Urbana/Champaign News-Gazette - Champaign/Urbana,IL

gazette.com/news/local/2006/07/18/motion_for_judge_change_denied

URBANA – A court struggle for documents about the Champaign County

Nursing Home will have a hearing by a Champaign County judge.

Champaign County Clerk Mark Shelden sued the county, county Co-

Administrator Denny Inman and Champaign County Board Chairwoman

Barbara Wysocki on July 3 for refusing his Freedom of Information

Act request for documents about the mold problem at the new $20

million facility.

McGrath, the assistant state's attorney representing the

county officials, asked Judge this morning to find a

judge from another county in the Sixth Judicial Circuit to hear the

suit.

She argued that Shelden is a county official, acting in that

capacity in the suit, and that a controversy between county

officials should be determined by a judge from outside the county.

McGrath had denied part of the records request on June 23 on the

grounds that mold remediation is pending litigation. Also, as the

keeper of county records, Shelden already has access to the

information he requested, she argued.

Shelden argued that he was acting as a private citizen, and said he

didn't always have the access he needed.

" Being the keeper of the records is not the same as having access to

the records, " he argued. For instance, the county clerk said, he doe

not listen to the closed session recordings of county meetings so he

can't be accused of leaking information from those sessions.

asked McGrath if she thought he was biased. She said no. He

denied her motion.

No date was set for the next hearing. ordered the county to

provide an index of the information Shelden is requesting within two

weeks. will examine the index in his chambers.

Both Shelden and McGrath have upcoming jury duty to serve, so it

could be more than a month before all the parties can get together

again.

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