The Will County State’s Attorney’s Office is expected to go to court Monday for an emergency motion to kick a Joliet City Council member out of office based on a claim that he did not fulfill the residency requirement for the election.

During the 9:15 a.m. court call, Will County Judge Bennett Braun may consider a motion requesting the removal of Juan Moreno from the Joliet City Council. He was elected to the council in the April 1 election.

The key issue in the case is whether Moreno was living within city limits for at least a year before the election.

In response to numerous questions Friday, Joliet city spokeswoman Rosemaria DiBenedetto said the city is “not taking a position in the matter.”

“Anything beyond that would be speculative at this point,” DiBenedetto said.

Will County State’s Attorney James Glasgow’s office is requesting an “expedited hearing and briefing schedule” since Moreno’s seat on the council is “legally unfilled,” according to the emergency motion Wednesday from Assistant State’s Attorney Scott Pyles.

In June, The Herald-News contacted Moreno after hearing that Glasgow’s office was investigating the residency issue. Glasgow’s office had neither confirmed nor denied the investigation.

Moreno sent an email saying that he had not been contacted by Glasgow’s office regarding any investigation.

“I stand fully behind the legitimacy of my residency and the way my campaign was conducted. Everything was done properly, lawfully and in good faith. If anything official arises, I’ll address it head-on and with legal representation if needed,” Moreno said.

He said he “sincerely hopes this isn’t a politically motivated attempt” to undermine the “will of the voters.”

“I was the only candidate in my race without backing from high-profile elected officials, and it’s no secret that the candidate who did have those endorsements was unsuccessful,” Moreno said.

Moreno is receiving legal representation from Jeff Tomczak, a prominent criminal defense attorney who runs the Joliet-based Tomczak Law Group.

In 2000, Tomczak defeated Glasgow in the election for state’s attorney and then lost to Glasgow in the following election. Tomczak also served as the attorney for former Joliet Mayor Bob O’Dekirk during two Illinois State Police investigations that resulted in no charges against O’Dekirk.

Tomczak’s firm provided a statement Friday that mentioned Moreno voting against the city’s grocery tax on Aug. 19, which required a tie-breaking vote from Joliet Mayor Terry D’Arcy.

“It is unknown at this time whether this litigation is related to Mr. Moreno’s voting record as a councilman or some other politically charged motive,” according to Tomczak’s statement.

The law firm said it plans to “vigorously issue discovery requests in an attempt to determine who instigated this frivolous action and the true reasons behind its filings.”

In a statement, Anna Rose Bertani, an attorney with the firm, said Moreno is the “second successive Latino candidate” that Glasgow has tried to “declare unfit for office.”

“He was unsuccessful with Cesar Guerrero, and we intend to follow suit. We look forward to a full airing of the facts and reasons for this frivolous lawsuit,” Bertani said.

Guerrero was on the Joliet City Council until he decided to run for Joliet Township supervisor in the April 1 election.

But Guerrero filed a lawsuit after he was kicked off the ballot over unpaid fines. Will County Judge Victoria Breslan ruled that Guerrero could stay on the ballot after those fines were paid, and Joliet Township Democrats renominated him as the candidate for supervisor.