From the Peoria Journal Star
April 18, 2008
Former Pekin mayor's conviction upheld
State Supreme Court denies Lyn Howard's appeal on official misconduct charges
BY ADRIANA COLINDRES
GATEHOUSE NEWS SERVICE
SPRINGFIELD - Former Pekin Mayor Lyn Howard hoped the Illinois Supreme Court would overturn his conviction on official misconduct charges, but the seven justices unanimously turned him down Thursday.
Reached at Cook Auto Sales in Pekin, where he now works, Howard said Thursday morning he had not heard about the ruling.
"I really don't have any reaction," he said when told that he lost.
Howard had to resign as Pekin mayor after his 2005 conviction in Tazewell County Circuit Court on three counts of official misconduct. The charges stemmed from his use of a city-issued credit card to get $1,400 in cash advances to gamble at the Par-A-Dice Casino. He repaid the money.
In upholding a 2007 appellate court decision, the Supreme Court rejected the legal argument presented by Howard and his attorney, Gerald Hall. Howard and Hall contended the Illinois Constitution could not be used as the basis for convicting someone of official misconduct.
The Supreme Court justices said otherwise in their opinion, written by Justice Rita Garman.
"We hold that a violation of the Constitution can serve as a predicate unlawful act for the purposes of the official misconduct statute," the opinion said.
Tazewell County State's Attorney Stewart Umholtz had cited the state Constitution when he prosecuted Howard at trial. Umholtz said then that he believed the Constitution clearly limits public officials' legal authority and that Howard exceeded the limit when he used the city credit card for personal benefit.
He reiterated that belief on Thursday after reviewing the Supreme Court opinion.
"I thought (in) this case, it was very clear that the state Constitution is the supreme state law of the land," Umholtz said. "And that it would indeed be bizarre if the state Constitution was not considered an identifiable law limiting the lawful authority of a public official."
Hall said he was disappointed with the Supreme Court's opinion but "happy that Lyn will be off probation in just a few weeks and the case will be over."
After Howard was convicted, he was sentenced to 30 months probation, 100 hours of community service and Gamblers Anonymous meetings. Umholtz said Howard's probation ends June 2.