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Fired prosecutor worked day of DUI arrest

She said Nevins did not sign any warrants on Dec. 23 — the day he was arrested, but she was unsure whether he appeared in court on any felony cases.

No review of Nevins’ cases are scheduled right now, Smith said, but may occur if information warrants.

Nevins, 53, of Litchfield, was stopped by Edwardsville police on Thursday in the 200 block of Conventry Place after they received complaints that a 2010 black Subaru Outback was driving across the center line.

Officer Brandon Whittaker wrote in a law enforcement sworn statement that Nevins smelled strongly of alcohol, had glazed eyes, appeared disoriented and admitted drinking and was unsteady on his feet.

Whittaker ticketed Nevins with DUI, unlawful lane usage, illegal parking, and illegal transportation of alcohol. A special prosecutor will handle Nevins case. He is scheduled to appear in court on Feb. 2.

Nevins refused field sobriety tests and refused to take a breathalyzer test. At 5 p.m., he was just a few hundred feet from the Criminal Justice Center where felony cases are prosecuted.

Scott Renfroe, Chief of Supreme Court Practice for the Attorney Registration and Disciplinary Commission which handles discipline for attorney accused of misconduct, says lawyers must report any felony or misdemeanor convictions.

“But those are convictions, not arrests,” Renfroe said.

The disciplinary commission also has the discretion to initiate an investigation on its own, Renfroe said.

“The idea that he’s an assistant state’s attorney at the time of the alleged offense — a guy who is sworn to enforce the law — could come into play when the discipline is imposed,” Renfroe said.

Nevins joined the Madison County State’s Attorney’s Office in 1996. His annual salary was $79,995.

Contact reporter Beth Hundsdorfer at or 239-2570.

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