For Janet Kilkelly, 2024 began normally as she tended to her duties as Waukegan city clerk and a commissioner for the Waukegan Park District. By March, she said she was on a rollercoaster ride that started with stress and ended with a couple of pleasant surprises.
Kilkelly was indicted by a Lake County grand jury for misapplication of funds and official misconduct. Her attorneys sought dismissal of the indictment which Judge Patricia Fix granted in November, a few days after she learned her 2025 reelection bid would be unopposed.
Kilkelly’s saga — which included the indictment, calls for her resignation as city clerk, retaining lawyers to defend her in court, a dismissal of the case against her and a clear, uncontested path to reelection next year — was one of the Lake County News-Sun’s top stories of 2024.
“I’ve never, never had a free ride,” Kilkelly said Monday, referring to her lack of an opponent in the April 1 election. “This is my 15th campaign,” she added, referring to runs for city, county, township and Park District offices, “I’ve won seven and lost seven. I will win the 15th.”
Sitting at a Lake County Chamber of Commerce event for Women’s History Month on March 14 at the College of Lake County’s Waukegan campus, Kilkelly suddenly left the room. At the same time, other city officials started pulling out their phones.
As they sat at the luncheon, they learned a grand jury had indicted Kilkelly for alleged official misconduct and misapplication of funds, all felonies, for allegedly issuing COVID relief credits to businesses not entitled to them since they were not in good standing.
Issued under a 2019 City Council ordinance, the credits went to holders of liquor and gaming licenses who had to close because of the pandemic. The credits totaled $6,300 to five businesses alleged not to be in good standing when they were issued.
Mayor Ann Taylor quickly suggested Kilkelly resign as clerk rather the divide her time between the city’s business and her defense.
Within five days, the City Council tried to strip Kilkelly of a number of her duties and reassign them to employees in the mayor’s office. Ald. Keith Turner, 5th Ward, was the only council member who explained his vote. It broke a 4-4 tie, and her responsibilities remained unchanged.
“It is imperative to remember everyone has a constitutionally protected right to due process under the law, and is presumed innocent until found otherwise in a court of law,” Turner said. “I remain committed to working with Clerk Kilkelly and the staff of the clerk’s office to ensure the work of the people continues uninterrupted.”
By July, Kilkelly’s attorneys moved to dismiss the indictment contending it was flawed, denying her due process of law. After hearing witnesses’ accounts at several hearings, Fix issued her 10-page opinion dismissing the case on Nov. 22.
In her opinion, Fix wrote the prosecution’s sole witness misled the grand jurors, indicating Kilkelly was the city’s deputy liquor commissioner. She never held that position. Fix wrote there was “prosecutorial misconduct” resulting in “substantial prejudice.”
“Inexplicably and sadly, in this case, performance in these roles was sorely deficient, causing the grand jury to be misled as to critical and material information directly relevant to all these charges,” Fix said in her ruling.
As the court hearings continued, Kilkelly submitted her petitions to seek the Democratic nomination for clerk. She is unopposed. There were rumors someone else was going to run, but no one did, leaving her an unobstructed path to reelection.
Kilkelly’s criminal case is not yet closed. Lake County State’s Attorney Eric Rinehart said in a text Monday his office filed a notice of appeal. He said there were consultations with the Illinois State Police, which provided the grand jury witness, and the appellate prosecutor’s office.
“The court’s erroneous findings are legal conclusions,” Rinehart said. “The Illinois State Police Special Agent presented factual and accurate evidence to the grand jury. The Appellate Court will decide whether the trial judge’s ruling regarding the grand jury proceedings were correct and supported by all the evidence.”