DuPage County board gets legal update on clerk’s appeal as members warn of mounting costs

DuPage County board members received a legal update Wednesday after the county clerk filed a notice of appeal following a December ruling that favored the county.

Civil Division Chief Lisa Smith of the DuPage County State’s Attorney’s Office told the board the notice of appeal begins the appellate process but does not yet set the specific issues; the clerk will later file a brief that identifies the legal questions the Court of Appeals must consider. "They'll have 63 days to file the record on appeal," Smith said, and outlined the typical briefing schedule: 35 days for the appellant's brief, 35 for the county's response and 14 for any reply. She said the court may later decide whether to set oral argument.

Smith summarized the underlying circuit court ruling: Judge Brian Chapman found the county’s mandamus complaint in the county's favor; he concluded…