BLOOMINGTON - A lawsuit filed Wednesday by McLean County Clerk Peggy Ann Milton against State's Attorney Bill Yoder seeks $43,000 in legal fees she paid last year to defend herself against criminal charges. | Ex-employee files complaint with Dept. of Labor

The two-count complaint accuses Yoder of professional negligence and breach of contract for failing to provide Milton with legal advice on how she could request reimbursement of the legal fees.

Yoder did not immediately return a call for comment on the lawsuit.

Milton was acquitted by a McLean County jury on Aug. 17, 2007, of theft under $300, theft of labor and official misconduct. The charges alleged she used county postage stamps for charity mailings and had an employee drive her son home on county time.

Trying to obtain legal advice

According to the lawsuit, Yoder told Milton he could not give her legal advice at the beginning of the criminal case because of a conflict with his role as prosecutor. A special prosecutor was named to handle the case.

Four days after her acquittal, Milton asked Yoder "how she should request payment of the legal fees she incurred as a result of the charges brought against her," said court records.

A month later, Milton said Yoder declined to give her any information.

The county clerk filed a petition for legal fees, but the request was denied in November 2007 by Ford County Judge Stephen Pacey, who said his jurisdiction over the case ended 30 days after the case was closed.

In her unsuccessful petition for the fees, Milton argued that she was entitled to Yoder's advice because the charges involved actions she may have taken as county clerk.

Yoder was obligated to tell Milton about the 30-day deadline to request the reimbursement, according to the lawsuit filed by Springfield attorney John E. Kerley.

A hearing date has not been set on Milton's court action.