From BNA's Money & Politics Report:

Illinois Study Finds Money and Political Parties Play Huge Roles in Cook County Judicial Elections

May 1, 2003

CHICAGO--A comprehensive study of judicial elections in Cook County, Ill., contends that such races are getting costlier and fund-raising requirements may affect candidates' ability to dispense justice on an impartial basis once elected.

The study, released April 28 and entitled "Electing Judges in Cook County: The Role of Money, Political Party and the Voters," points to a host of problems affecting the judicial selection process in Chicago and its surrounding suburbs within Cook County. The Chicago Appleseed Fund for Justice and the Chicago Council of Lawyers, which undertook the study, hope the research will form the basis for a demonstration project that will impose reforms during the next judicial election cycle.

"We're hoping this report will serve as a catalyst for real reforms in the judicial election process," said Malcolm Rich, the executive director of the two legal organizations. "Ultimately we would like to see a system that is fairer, less prone to political influence and less reliant on money. We would like to see a system in which voters take a larger role in the election of their judges."

Rich said researchers evaluated 30,000 pieces of information with respect to judicial elections in Cook County over the last 14 years. The study then analyzed the role of money and political parties in judicial primaries, general elections and the slating of candidates.

More Money Being Spent

Among other things, the study determined that the cost of waging a judicial campaign is growing. In 1988 winning candidates had to raise an average of $7,400 for a countywide judicial race. That number increased to $15,000 in 1992 and $19,000 in 1998.

Rich noted that an alternative route to the bench was established in 1992 through subcircuit elections. While focusing on a smaller group of voters, Rich said the subcircuit elections have become more expensive than countywide races. Subcircuit elections cost winning candidates $19,000 in 1992. The price jumped to $30,000 in 1998. Rich stressed that these numbers all reflect averages and noted that some candidates spent as much as $70,000 on their elections in 1998.

Other portions of the study point to the importance of the Democratic Party in Cook County and the party's system for slating candidates. The study specifically found that unslated Democratic candidates--those not endorsed by the party--running on a countywide basis had a 5.8 percent chance of winning in the primary, while slated candidates had a 68.4 percent chance of winning. With respect to subcircuit races, unslated candidates had an 8.9 percent chance of winning, versus a 76 percent chance of victory for slated candidates.

The study suggests that being slated often requires that candidates show their loyalty to the party with substantial donations. The report suggests that candidates seeking the support of the Democratic Party were expected to contribute at least $10,000 to the party.

Rich said this process does not create a credible foundation for the goal of justice. The report states "judicial campaign fund-raising may affect a judge's ability to dispense impartial justice to those who 1) contribute to the judge's campaign; 2) refuse to contribute to the campaign; or 3) contribute to the campaign of opposing candidates. It creates a perceived bias."