Marlene Lantz wants the county to pay for her defense because she was accused of a crime in her official capacity.
The matter is expected to come up at a May 18 hearing.
Meawhile, McHenry County Judge Robert Wilbrandt has ordered officials to hold off burying the remains.
Prosecutors say Lantz didn't bury, cremate or donate to science the remains after the baby died in 1992.
Lantz's attorney Jamie Wombacher objects to a burial currently, saying there may be cause for further examination of the remains.
Lantz was indicted in February on official misconduct and forgery charges. She served as coroner over two decades, leaving office in 2012.