The spotlight in a closely watched U.S. Senate race will briefly shift to a small-town Illinois courtroom as government lawyers for Democratic U.S. Rep. Tammy Duckworth seek to have a 7-year-old lawsuit accusing her of ethics violations while she led the Illinois Department of Veterans Affairs dismissed.
A hearing in the civil complaint by two employees of a southern Illinois veterans’ home alleging workplace retaliation by Duckworth is scheduled for Thursday morning.
Illinois Republicans have highlighted the case, seeking to thwart Duckworth’s bid against Sen. Mark Kirk, a first-term moderate in a Democratic-leaning state. Kirk is considered one of the most vulnerable Republican senators.
Duckworth’s supporters call it a twice-dismissed nuisance suit resuscitated to embarrass her politically amid a campaign with national implications, as Democrats seek a net gain of at least four seats in 2016 to take back the Senate majority Republicans won in 2014.
The case was initially scheduled to go to trial in April and remained largely idle as Duckworth’s accusers took more than three years to provide certain documents requested by the state.
Duckworth, a former Black Hawk helicopter pilot who lost both of her legs and partial use of her right arm during the Iraq War, is being represented by the Illinois Attorney General’s Office. Her co-defendant was the home’s acting administrator in 2006 and 2007.
After a federal judge dismissed the suit as a “garden variety workplace case,” it was refiled in state court — and dismissed again before it was narrowed and brought back a third time.
The state’s motion for summary judgment argues that Duckworth’s efforts to fire 22-year state employee Christine Butler from her administrative job was based solely on “insubordination.” Duckworth reversed that decision after being told that she first had to follow written disciplinary procedures and instead issued a reprimand with a paid suspension against Butler.
Human resources secretary Denise Goins alleges that her complaints about her boss were ignored and led to an unfavorable performance review that prevented her from receiving a raise. Goins says Duckworth urged her to “do your job and keep your mouth shut.”
Goins and Butler, who both continue to work at the veterans home, also say they were punished for speaking out after Patricia Simms, the acting administrator, allowed unauthorized people to care for a resident. The two state workers are seeking compensation of at least $50,000, as well as other financial penalties.
“It has absolutely nothing to do with a political fight,” Butler said. “Our names are still being slung through the mud for speaking up.”
Duckworth denies treating the employees unfairly, while Kirk’s campaign and the National Republican Senatorial Committee portray the lawsuit as a whistleblower case. Duckworth previously disputed the allegations in defeating an incumbent Republican for a Chicago-area seat in Congress in 2012.
A new trial date has not been set, and it’s not clear if the Union County judge presiding at the hearing Thursday in Jonesboro, Illinois, will immediately rule on the state’s dismissal motion.
Duckworth, who is scheduled to host a Washington fundraiser Thursday morning with Senate Democratic Leader Harry Reid, is not expected to attend the hearing.
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