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Yorkville alderman rejects conflict of interest claim in representing ex-Oswego parks director · Kendall County News - Shaw Local

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  Speaker 1: Yorkville alderman rejects confident interests claim in representing ex Oswego
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  Park's director. Written by Eric Schlkoff, This article is being
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  read by an automated voice brought to you by Everlett.
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  Attorney Daniel Transier is refuting Kendall County State's Attorney Eric
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  Weiss's claim that serving as the defense attorney for former
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  oswiggil And Park District Executive director Tom Bettsinger poses a
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  conflict because he is a Yorkville City Council alderman. Weis
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  filed a motion to disqualify Transier from serving as Bettsinger's
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  defense attorney. Betsinger was charged last July with allegedly attempting
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  to run over a person with his pickup truck in
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  Yorkville and driving under the influence of alcohol. Bettsinger later
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  resigned his position with the park District. The victim was
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  not injured. A hearing on the case was continued until
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  February twenty fifth to allow Transire the time to file
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  a written response well if have an evidentiary hearing in February,
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  Transier said. Transier was first elected to the Yorkville City
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  Council in twenty nineteen. In his response to Weiss's motion,
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  Transier said that during his time as alderman, he has
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  represented individuals charged by the Yorkville Police Department of crimes
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  occurring in the city. Additionally, Attorney Transier has been court
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  appointed on multiple cases which were charged by the Yorkville
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  Police Department, he states in the response. In his response,
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  Transier also states he has no involvement in the oversight
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  in the operations of the Yorkville Police Department that includes
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  the hiring, firing, discipline, promotions, or assignments of Yorkville Police officers.
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  Transier also states he does not have any role in
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  setting the salary tables for Yorkville Police officers. It appears
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  that the state's motion is primarily concerned about the impact
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  Attorney Transier's role as alderman for the City of Yorkville
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  will potentially have on the investigating officers, as it alleges
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  that the officers may be cross examined by Attorney Transier.
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  According to the response, this does not create a conflict
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  as it relates to the appearance of impropriety should the
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  jury learn of the conflict. Transier said he does not
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  believe Weiss has presented any evidence of a conflict. In addition,
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  he said information about his role as an alderman can
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  be excluded from being disclosed to members of a potential
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  jury with the filing of a pre trial motion without
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  having evidence of an actual conflict, A probability that continued
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  representation by the defendant's council of choice will provide grounds
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  for overturning a conviction does not exist, Transier said in
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  his response. In his January twenty second motion, Weiss noted
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  that as an alderman, Transier votes on and approves funding
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  requests for the Yorkville Police Department. Attorney Transer voted on
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  and approved the last several collective bargaining agreements for employees
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  of the Yorkville Police Department. According to the motion, Attorney
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  Transier approved the appointment of the current Yorkville Police Chief,
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  James Jens. Weis said that he is not accusing Transier
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  of any alleged improper conduct. In his motion, Weisse also
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  noted the incident involving Bettsinger was investigated by Yorkville Police officers.
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  The case has not yet gone to trial. Witnesses are
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  financially tied to Attorney Transier. His capacity as aldermen, as
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  they are employees of the United City of Yorkville, for
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  which Attorney Transier is an alderman. According to the motion,
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  this puts the employee's officers in a conflicted situation in
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  which they will be cross examined by one of their boss's,
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  attorney Transier. Since the employees cannot be removed from this case,
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  the court should require Attorney Transier to recuse himself or alternatively,
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  to disqualify him as the attorney of record in this
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  matter for the reasons set forth above, but it can
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  according to the motion, there is significant risk that Transier's
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  continued representation of Bettsinger will be materially limited by Transier's
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  responsibilities in overseeing the Yorkville Police Department and its employees.
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  The conflict it requires Attorney Transier to choose between representing
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  his client or acting as an employer of the Yorkville
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  Police Department. According to the motion,