WIUM Tristates Public Radio

Will the Candidates Show Up for Ruling?

Apr 10, 2013

It’s possible neither of the people most affected by the outcome of the “50% Plus One” case in Macomb will be in court to hear the judge’s ruling.

The McDonough County Courthouse
Credit Rich Egger

Judge Rodney Clark announced he will rule Friday, April 26, on whether Western Illinois University student Steve Wailand defeated Kay Hill in the February election for second ward alderman in Macomb.

Clark announced the date at the end of the hearing on Monday, April 8. Wailand’s attorney, Diane Cohen of the Liberty Justice Center, immediately asked if Wailand could be excused from the proceedings because he works on Fridays.

Clark said that was okay unless Wailand is subpoenaed by the city or county. The judge said if that happens, they must set a specific time for Wailand to appear so he can work it out with his employer.

Judge Clark also checked whether that court date worked for Hill, who is retired from the Illinois State Police. She responded, “Do I need to be here?”

Kay Hill
Credit Rich Egger

Clark said he could not offer her legal advice.

Hill’s appearance in the courtroom April 8 marked the first time she has publicly commented on the case. When asked about it by Judge Clark, Hill said the “50% plus one” rule should be applied because there is a long history of it in Macomb.  However, she did not offer any details to back up the claim.

Hill declined to sit at the defendant’s table with City Clerk Melanie Falk and County Clerk Gretchen DeJaynes, instead choosing to remain seated with the rest of the crowd that filled the main courtroom.