Kendall County State’s Attorney Eric Weis has filed a motion to disqualify Daniel Transier from serving as the defense attorney for former Oswegoland Park District executive director Tom Betsinger because of his potential conflicts as a Yorkville City Council alderman.

Betsinger was charged last July with allegedly attempting to run over a person with his pickup truck in Yorkville and driving under the influence of alcohol. Betsinger later resigned his position with the park district.

A motive for the incident is not known and the victim was not injured.

In his Jan. 22 motion, Weis noted that as an alderman, Transier votes on and approves funding requests for the Yorkville Police Department.

“Attorney Transier voted on and approved the last several collective bargaining agreements for employees of the Yorkville Police Department,” the motion states. “Attorney Transier approved the appointment of the current Yorkville Police Chief James Jensen.”

A hearing on the case was continued until Feb. 25 to allow Transier the time to file a written response.

“We’ll have to have an evidentiary hearing in February,” Transier said.

He declined further comment about the case. Betsinger also declined comment.

In his motion, Weis also noted the incident involving Betsinger was investigated by Yorkville police officers. The case has not yet gone to trial.

“Witnesses are financially tied to attorney Transier (in his capacity as alderman) as they are employees of the United City of Yorkville, for which attorney Transier is an alderman,” the motion states. “This puts the employees (police officers) in a conflicted situation in which they will be cross-examined by one of their bosses – Attorney Transier. Since the employees cannot be removed from this case, the court should require Attorney Transier to recuse himself, or, alternatively, to disqualify him as the attorney of record in this matter for the reasons set forth above."

The motion also states there is “significant risk” that Transier’s continued representation of Betsinger will be materially limited by Transier’s responsibilities in overseeing the Yorkville Police Department and its employees.

“The conflict requires attorney Transier to choose between representing his client or acting as an employer of the Yorkville Police Department,” it states.

In his motion, Weis states that he is not accusing Transier of any alleged improper conduct.