Appellate Court Dismisses Charges Against Waukegan City Clerk

Judges rule that 'deceptive and inaccurate evidence' violated clerk's due process rights

Published on Feb. 11, 2026

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An Illinois appellate court has affirmed the dismissal of charges against Waukegan City Clerk Janet Kilkelly, who was accused of official misconduct for waiving certain city license fees under a COVID-era plan passed by the city council. The court agreed with a lower court ruling that an investigator provided misleading testimony to the grand jury and that the city's fee waiver plan lacked a clear definition of 'good standing', compromising the charges against Kilkelly.

Why it matters

This case highlights the importance of due process and the need for clear, unambiguous policies when it comes to government actions that impact businesses and residents. The dismissal of charges against Kilkelly raises questions about the strength of the initial investigation and prosecution, as well as the city's handling of the fee waiver program during the pandemic.

The details

Kilkelly was charged in 2024 with official misconduct after she waived some city license fees under a COVID-19 relief plan passed by the Waukegan City Council. However, a Lake County judge dismissed the charges in November 2024, ruling that an Illinois State Police investigator provided 'deceptive and inaccurate evidence' to the grand jury. The appeals court agreed, stating that the city never defined what constituted 'good standing' for businesses to qualify for the fee waivers, compromising the case against Kilkelly.

  • Kilkelly was charged in 2024.
  • The charges were dismissed by a Lake County judge in November 2024.
  • The Illinois Appellate Court for the Second District affirmed the dismissal on February 11, 2026.

The players

Janet Kilkelly

The Waukegan City Clerk who was charged with official misconduct for waiving certain city license fees under a COVID-19 relief plan.

Patricia Fix

The Lake County judge who dismissed the charges against Kilkelly in 2024, ruling that the prosecution presented 'deceptive and inaccurate evidence' to the grand jury.

David Juergensen

The Illinois State Police investigator whose misleading testimony to the grand jury was cited as a key reason for dismissing the charges against Kilkelly.

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What’s next

The Lake County State's Attorney's Office did not immediately respond to requests for comment on the appellate court's decision, so it is unclear if they plan to pursue further appeals.

The takeaway

This case highlights the importance of government agencies following due process and providing clear, unambiguous policies when implementing programs that impact businesses and residents. The dismissal of charges against the Waukegan City Clerk raises questions about the strength of the initial investigation and prosecution, as well as the city's handling of the fee waiver program during the COVID-19 pandemic.