In re Appointment of Special State’s Attorney

County Board Chairman petitioned court to appoint a special prosecutor to represent him in declaratory judgment action on his claims that County Board improperly eliminated by ordinance certain of his duties as chairman and improperly sought to prevent him from participating in discussion and debate of issues on the County Board floor. Court erred in denying State's Attorney's section 2-615 motion to dismiss on the pleadings and abused its discretion in appointing a special prosecutor under section 3-9008(a-10) of the Counties Code. County Board chairman did not raise a colorable claim, which is a prerequisite for appointment of a special prosecutor under these circumstances. County Board has unfettered discretion to modify duties of the chair, except where those duties are constitutionally enshrined or provided by statute. Whether chairman should be afforded additional discussion-and-debate opportunities is a political question and not a legal question, and thus this claim is not colorable. (JORGENSEN and BRIDGES, concurring.)