People Ex Rel. Grogan v. Lisinski

The question presented in the instant appeal is whether a finding of guilty without an imposition of sentence constitutes a “conviction” for purposes of ouster from an elective office.

The facts are not in dispute. Defendant Dean J. Lisinski was elected to a four-year term as president 1 of the village of Justice, Illinois, on April 17, 1981. On November 12, 1982, he was found guilty in the United States District Court on three counts of extortion. After the denial of various post-trial motions, sentencing was set for March 7, 1983.

Illinois statutes provide that an elective office becomes…