Madigan Defends Releasing Sealed Warrant In Sexual Misconduct Investigation

From The Center Square:

By Greg Bishop

CHICAGO, IL — Illinois House Speaker Michael Madigan, D-Chicago, says whether to release a warrant served on his office last week regarding information about sexual misconduct allegations against a former state representative is a “difference of opinion among lawyers.”

On the same day of the governor’s State of the Union address last week, Illinois State Police served a search warrant on Madigan’s capitol office in Springfield. They were looking for information on an allegation of sexual misconduct against a former state representative, Jack Franks. Franks, who is now the McHenry County Board chairman, has denied any wrongdoing.

The information was released Friday after a Freedom of Information Act request was made by the Chicago Sun Times. Madigan’s office said in a statement last week his office notified the Capitol Police that Franks should not be allowed in the capitol without a security escort.

The Sangamon County State’s Attorney’s office Monday said in a filing requesting the case be sealed that the warrant had a nondisclosure order and should not have been released. The case has now been sealed.

“ISP Investigators state that they repeatedly instructed recipients of the Search Warrant that the January 29 Order prohibited disclosure,” Sangamon County State’s Attorney Dan Wright said in Monday’s filing. “Nevertheless, the recipients of the Search Warrant disclosed the Search Warrant on January 31, 2020, in response to a Freedom of Information Act … request received on that same date.”

State Rep. Tim Butler, R-Springfield, said it doesn’t matter if it’s a Democratic controlled office or a Republican controlled one, the office should abide by the language in the warrant.

“When I read that warrant, in bold, it basically said that there was a nondisclosure agreement in there,” Butler said. “I take that pretty seriously. I’m not an attorney but that seemed pretty clear to me that you’re not supposed to disclose this and the speaker’s office did.”

Butler also said it was strange the speaker responded to a Freedom of Information Act request when the General Assembly is exempt.

Emerging from a Democratic caucus Tuesday, Madigan responded to why he answered a FOIA request when the General Assembly is exempt.

“This is a matter of a difference of opinion among lawyers which I’m sure the lawyers will work through,” Madigan said.

It wasn’t just that Madigan released the warrant through a public records request. State Sen. Dan McConchie, R-Hawthorn Woods, said it was the fact he didn’t let others know that Franks was allegedly a threat, as he did with limiting Franks’ access to the capitol.

“Those types of things need to be communicated to other units of government so they can take similar types of measures to make sure everybody is protected when an investigation like this is going forward,” McConchie said.

Part of McConchie’s district covers McHenry County.

Madigan defended his actions, saying he notified the appropriate authorities.

“We were proceeding under the usual rules of these matters which is No. 1 to protect the welfare and the privacy of the victim and then at the appropriate time we notified law enforcement,” Madigan said. “Once we notified law enforcement, the matter was in the hands of law enforcement.”

The focus of the work of The Center Square Illinois is state- and local-level government and economic reporting that approaches stories with a taxpayer sensibility. For more stories from The Center Square, visit TheCenterSquare.com.