Probable cause ruling will stand in case against Mercer County Superintendent

MERCER COUNTY, Ill. – A November ruling to proceed with the criminal case against the Mercer County Schools Superintendent will stand, a judge ruled Thursday.

On Nov. 14, a judge found sufficient probable cause to move forward with the case after both sides gave extensive arguments.

On Jan. 15, a hearing was held to reconsider the November ruling allowing both sides another chance to make their arguments on whether or not there is sufficient evidence to proceed with the case.

A judge found prosecutors met their burden on probable cause at the November hearing and that the court ‘did not error’ in finding probable cause.

Click here to read the prosecutors’ most recent court filing, from Jan. 14, writing in favor of probable cause.

Probable cause exists when the facts and circumstances within an officer’s knowledge would lead a reasonable person to believe that a crime has been committed (for an arrest) or that evidence of a crime is present in a specific location (for a search).

Timothy Farquer, 53, is facing multiple charges including Official Misconduct, a Class 3 Felony. He is accused of ordering a school nurse to disclose vaccination information of students and compiling the data into a digital document which gave access to an unauthorized person.

Farquer is also charged with Unauthorized Access to Medical Records, and Computer Tampering, both Class A Misdemeanors.

The defense.

On Oct. 20, the defense argued in court Farquer’s actions were legal and within his authority as Superintendent. They also questioned the credibility of Aledo Police Detective Lindsey Kenney who testified on behalf of prosecutors.

CLICK BELOW FOR FULL DETAILS:

Defense questions merit of criminal charges against Mercer County Superintendent

by Kyle J. Bales October 20, 2025November 14, 2025

In that hearing, instead of ruling on probable cause, a judge granted the defense’s request to delay the ruling in order to allow them time to put all their arguments in writing and give prosecutors time to respond.

On Oct. 27, the defense filed a Memorandum of Law in Support of A Finding of No Probable Cause detailing why they believe the judge should dismiss the charges.

CLICK BELOW FOR FULL DETAILS:

‘Allegations are frivolous’: Defense calls on judge to dismiss criminal charges against Superintendent

by Kyle J. Bales November 3, 2025November 14, 2025

The response.

On Nov. 12, prosecutors countered the defense and filed a Memorandum In Support Of A Finding Of Probable Cause detailing why they believe the defense is wrong.

In the Memorandum, prosecutors begin by reaffirming the fact there is a low burden to find probable cause and that it, ‘does not even demand a showing of the belief that the suspect has committed a crime be more likely true than false.’

Furthermore, prosecutors defend the testimony of Kenney who said Farquer, ‘pressured, directed and coerced a school nurse, to provide confidential student medical records without lawful justification.’

Prosecutors say Kenney’s statements, ‘were not rebutted or refuted, only acknowledged and excused by the defense.’

Prosecutors also refute the defense’s claims Farquer, as superintendent, has the right to access student medical records, and that the alleged violations only apply to ‘healthcare-related activities.’

These statements, prosecutors believe, are enough to allow the court to find probable cause for the charge of Official Misconduct based on the allegation Farquer used his official capacity to commit Unauthorized Access to Medical Records.

Prosecutors refute the defense’s claim federal laws are irrelevant and board policies support Farquer, writing, ‘those policies indicate that the superintendent is responsible for, ‘the administration and management of the district schools in accordance with School Board policies and directives, and State and Federal law.'”

Furthermore, prosecutors refute the defense’s claim Farquer held the right to access student health records under the Illinois School Student Records Act, writing, ‘health records for permanent student records only pertain to information that is required to enroll in school.’

Based on the assertion Farquer did not have legal authority to gain access to the student medical records in question, prosecutors believe there is sufficient probable cause for the charge of Computer Tampering, and therefore sufficient probable cause for the felony charge of Official Misconduct.

In conclusion, prosecutors say the defense’s call for the court to dismiss all charges is, ‘unsupported and unwarranted.’

Click link below for full Memorandum.

MEMORANDUM OF LAW (STATE)Download

Latest updates.

JANUARY 15, 2026
Farquer appears in court for a motion hearing to reconsider probable cause ruling from November. The ruling will stand and the case will move forward. Another motion hearing is set for Feb. 5 at 1 p.m.

A judge also granted a motion from the defense allowing Farquer to travel while awaiting trial, court records show.

JANUARY 12, 2026
The pretrial conference for Andrea Long has been delayed until March 2 at 11 a.m.

NOVEMBER 14, 2025
A judge commended both sides for their respective arguments on probable cause but ruled in favor of prosecutors, allowing the case to move forward.

Farquer pled Not Guilty and will continue to walk free under pretrial release.

The defense demands a jury trial but one has not been set. Instead, a status hearing is scheduled for Jan. 15 at 9 a.m.

In October, the two IT staffers who also face criminal charges waived their right to a preliminary hearing and pled Not Guilty.

A pretrial conference for Andrea Long is set for Jan. 12 at 10 a.m.

A pretrial conference for Amberly Norton is set for Jan. 20 at 9 a.m.

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