Illinois judicial elections, 2014

Justice Lloyd Karmeier just barely earned enough votes for another term on the Illinois Supreme Court, after facing a last minute campaign against his retention. Karmeier received 60.77 percent of the vote, slightly surpassing the 60 percent necessary for retention.^[13][1]

According to the Madison-St. Clair Record, the price tag on a judicial campaign in Madison and Bond County, Illinois, can range from five to 20 times more than in comparable judicial circuits in the state. An analysis provided by the Madison-St. Clair Record of the campaign contributions of ten judges from the years 2004 through 2012 within the Fifth Circuit reveals that at least $1,032,039 was collectively raised in contributions. For comparison, an analysis of the campaign contributions raised by thirteen judges from the Sixth Circuit amounted to $44,665. The newspaper cited the figures as records obtained from the Illinois State Board of Elections.^[15]

One possible cause of the discrepancy in campaign fund size could be civil litigation. Madison County is, as of 2014, the main docket for asbestos related cases in the nation. Prior to the passing of the Class Action Fairness Act in 2005, the county served as a national hub for class action filings, ranking only below Los Angeles and Cook Counties in terms of case load.

There were critics of the way judicial campaign financing is conducted in Illinois. One debated issue revolved around the question of whether it should be allowed for a lawyer to contribute to a judge's campaign that the lawyer might end up practicing in front of. David Yepsen, who serves as director of the Paul Simon Public Policy Institute at Southern Illinois University, took a critical view of this practice. He stated that this arrangement, "may be quite legal but they look bad." He pointed out that this kind of contribution served to undermine the trust citizens place in courts. Further, he argued that rising costs of all campaigns, not limited to judicial elections, prevents many candidates from participating.^[15]

Ed Murnane, president of the Illinois Civil Justice League, offered three approaches that he believed would alleviate the problems arising from high campaign costs. First, he suggested changing the dates of judicial elections to be conducted along with municipal and school elections rather than in November. Another possible solution he advocated was a bi-partisan screening process involving both lawyers and non-lawyers. This would result in more thorough and expert reviews of judicial candidates on the ballot. Thirdly, he offered the idea to publicly finance judicial elections combined with an approval screening process. These potential solutions, Murnane believed, could be beneficial to the judicial selection system in the state. Under current campaign finance law, Murnane noted that there were no limits on campaign contributions.^[15]

In the first week of August 2014, the Illinois Civil Justice League (ICJL) began distributing a survey to candidates for judicial offices across the state of Illinois. In total, 69 surveys were sent out so far, with another 158 scheduled to be mailed this week to judges up for retention.Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title The survey was reviewed and approved by judges currently in office.Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title

Why did this group send out the surveys? It’s simple: voter education. Ed Murnane, president of ICJL, said that “[i]t’s very important people pay attention to judicial elections. . . .Illinois is one of the few states that elects judges on a purely partisan basis.”Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title

The group posted the results of the survey on its website, IllinoisJudges.net. To motivate the Illinois judges and candidates to respond, anyone who failed or refused to participate in the survey were publicly recognized by the group.Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title The group offered candidates and judges two opportunities to respond to the survey before bringing their failure to do so to the attention of voters.Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title In addition to providing voters with information before they headed to the polls, ICJL endorsed “merited” candidates and judges, as well.Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title

ICJL was concerned that voters were ignoring the Illinois justice system, particularly the elected judges who rarely get voted out of office. Murnane said that “[v]ery few people pay attention [to the judicial elections] and there is little to no competition. People don’t know who these judges are and what they stand for.”Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title Murnane was also concerned about the ramifications of uneducated voters making selections at the polls. “Judges have a tremendous impact on the daily lives of the citizens of Illinois. They have the right to take children away from families and sentence people to years in prison. People ought to know who these judges are.”Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title

On March 18, Illinois voters headed to the polls for the 2014 primaries. While there were some hot contests for gubernatorial and other legislative positions, the judicial primaries proved to be more subdued. Even with sunny weather, voter turnout was low even for a primary election. By 4:00 p.m. on Tuesday, only 8 percent of eligible voters in Chicago had cast their ballots according to the Chicago Board of Election Commissioners.^[16] With polls in the city open from 6:00 a.m. through 7:00 p.m., the unofficial election results counted 220,649 voters, approximately 16 percent of those registered.^[17]

The last two elections saw statewide turnouts between 23 to 24 percent according to assistant executive director of the Illinois State Board of Elections, Jim Tenuto.^[18] Tenuto commented that there seemed to have been a lack of interest and excitement for the primary elections in the state. Election officials speculated that the absence of big Democratic contests may have been a cause of this lack of enthusiasm.^[18]

On March 18, the Illinois primary took center stage. Participating in this year's election were a number of interesting candidates.

Running for the McDonald vacancy on the Cook County Circuit Court, Linda L. Mastandrea is not just an attorney but also a gold medal paralympian in wheelchair track.^[19] Mastandrea, who won the Chicago Tribune endorsement, had been praised for her advocacy work on behalf of disabled clients. The Council of Lawyers expressed concern that Mastandrea lacked experience in complex litigation. She was unopposed in the primary.

The race for the Jordan vacancy in the Cook County 12th Subcircuit proved to be a colorful one. The Tribune endorsed James Edward Hanlon, Jr., citing his well-rounded skills with commercial litigation.^[20] One of Hanlon's opponents in the race, James L. Kaplan was discovered by a WGN/Medill Watchdog report to be skirting residency requirements by renting an apartment in the subcircuit while his family's home is in Lake County.^[20] He sought a return to the bench, as he was appointed to the 8th Subcircuit in late 2010 but was unable to secure election to a full term in 2012. In 2014, he was endorsed by Congresswoman Jan Schakowsky.^[21] Also in the race was Ralph Eugene Meczyk, who was found to be not qualified by the Council of Lawyers due to a 1980 felony conviction for underreporting income. However, Meczyk was pardoned for the crime by President Bill Clinton and boasted 37 years of civil, criminal and appellate experience.^[20][22]

With the Texas primary complete, the next state scheduled to hold a primary election was Illinois. On Monday, March 3, voters began early voting for the primary that occurred on March 18. The turnout was slow at first, attributed to a mix of wintery weather and some municipal office holiday closures.^[24] 2014's primary was unique due to the fact that it marked the first time 17-year-old Illinois residents could vote, providing they would turn 18 by the time of the November election.^[24]

While officials hoped to increase voter participation in primary elections, they were aware that primaries traditionally had low levels of voter turnout. According to elections officials quoted in the Northwest Herald, around 12 percent of Chicago voters chose to cast early ballots in the 2010 and 2012 primaries.^[24]

On March 18, Illinois voters decided which of the 144 judicial candidates would advance to compete in the general election on November 4. Some critics argued that the partisan election process that Illinois uses limits voters' choice in the general election.^[26] According to the Madison-St. Clair Record, "only 17 percent of Illinois general election voters will get a chance to choose between two candidates in an open race for judge in November 2014. There will be no choice on the judicial ballot for five of every six general election voters in Illinois."^[26] This number was based on 2010 turnout estimates.

The past of an Illinois candidate for circuit judge was brought into the limelight recently. The State Journal-Register reported that Gabriel T. Grosboll, a Republican candidate for the Eighth Circuit bench in Menard County, had a run-in with the law in 2007 while he was an assistant state attorney in Sangamon County under John Schmidt.^[27]

Grosboll was carrying an open container of alcohol, along with another person, when a police officer stopped the pickup truck in which they were passengers. The driver, who was sober, got a warning. Grosboll later pleaded guilty and was fined.^[27] Regarding the reaction of his boss at the time, Grosboll said, "[Schmidt] verbally reprimanded me, but there was no suspension or anything like that.^[27]" Schmidt is now a judge for the Seventh Circuit. Grosboll also called the incident a “stupid mistake” and said that he “learned from it.”^[27]

Grosboll faced Mike Atterberry in the primary election on March 18. Ken Baumgarten, who was a state attorney in Menard County while Grosboll was working under Schmidt, was a third candidate until he died in December of a blood clot. Baumgarten’s widow, a former local news anchor, endorsed Atterberry in The Petersburg Observer.^[27]

The race to fill the vacant seat of retired Illinois Judge Katherine “Kitty” McCarthy reached an early finish. Attorney Paul G. Chiligiris withdrew his Democratic candidacy for the Sixth Circuit seat in Macon County.^[28]

Chiligiris, 47, said in his announcement,

Chiligiris’ Republican opponent R.C. Bollinger, previously an associate judge for the Sixth Circuit, then ran unopposed in the general election. Both were unopposed in the primary, which took place March 18.^[28]

Bollinger said he was "excited about having the opportunity to serve our country as the next resident circuit judge."^[28]