Attorney Daniel Transier is refuting Kendall County State’s Attorney Eric Weis’ claim that serving as the defense attorney for former Oswegoland Park District executive director Tom Betsinger poses a conflict because he is a Yorkville City Council alderman.

Weis filed a motion to disqualify Transier from serving as Betsinger’s defense attorney.

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.

The victim was not injured.

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.

Transier was first elected to the Yorkville City Council in 2019. In his response to Weis’ motion, Transier said that during his time as alderman, he has represented individuals charged by the Yorkville Police Department of crimes occurring in the city.

“Additionally, attorney Transier has been court appointed on multiple cases which were charged by the Yorkville Police Department,” he states in the response.

In his response, Transier also states he has no involvement in the oversight and the operations of the Yorkville Police Department. That includes the hiring, firing, discipline, promotions or assignments of Yorkville police officers.

Transier also states he does not have any role in setting the salary tables for Yorkville police officers.

“It appears that the state’s motion is primarily concerned about the impact attorney Transier’s role as alderman for the city of Yorkville will potentially have on the investigating officers as it alleges that the officers may be cross-examined by attorney Transier,” according to the response. “This does not create a conflict.”

As it relates to the appearance of impropriety should the jury learn of the conflict, Transier said he does not believe Weis has presented any evidence of a conflict. In addition, he said information about his role as an alderman can be excluded from being disclosed to members of a potential jury with the filing of a pretrial motion.

“Without having evidence of an actual conflict, the probability that continued representation by the defendant’s counsel of choice will provide grounds for overturning a conviction does not exist,” Transier said in his response.

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,” according to the motion. “Attorney Transier approved the appointment of the current Yorkville Police Chief James Jensen.”

Weis said that he is not accusing Transier of any alleged improper conduct.

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,” according to the motion. “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."

According to the motion, 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,” according to the motion.