From the St. Louis Post Dispatch
"High-stakes court race attracts national
attention and big money "—
By Paul Hampel
Of the Post-DispatchThe Illinois Supreme Court race in the Fifth Judicial District,
covering
the 37 southernmost counties of the state, is drawing attention from
Wall
Street, the national press and even a Colorado documentary-film maker.
And it is drawing big-time political donations.
Last Tuesday, the state Republican Party reported giving $700,000 in
advertising for its man, Washington County Circuit Judge Lloyd
Karmeier.
Two days later, the state Democratic Party kicked in more than $500,000
in
advertising for its candidate, 5th District Appellate Judge Gordon
Maag.
That money has gone to buy television commercials, a first in the St.
Louis
area in an Illinois Supreme Court race.
A big reason for the interest is the case that is before the Supreme
Court.
The court, which now has a 5-2 Democratic majority, will decide the
appeal
of the mammoth Philip Morris judgment out of Madison County. And down
the
road, the court could be called on to decide on medical malpractice
legislation.
But at least as important is the key role the winning judge will play
in
appointments to lower courts. Supreme Court justices fill vacancies on
circuit and appellate courts caused by deaths and retirements. The
appointees can then go into the subsequent election as an incumbent.
In Madison County, for instance, eight of the nine circuit judges first
got
on the court through appointment. All are Democrats and all were
appointed
by a Democratic Supreme Court judge.
Four of the seven Fifth District Appellate judges first got their jobs
through appointment. All four are Democrats, all appointed by a
Democratic
Supreme Court judge. (Maag has said he would appoint a panel to advise
him
on judicial candidates but that he would retain the final say.)
And there is no doubt that the race has drawn interest because the
district
includes Madison County.
Its circuit court has drawn national attention as a center for asbestos
and
class-action litigation. Tort-reform groups last year labeled it the
nation's No. 1 "hellhole" for business defendants.
Maag's opponents paint him in attack ads as a puppet of trial lawyers.
Democrats have slammed Karmeier as a lackey for tort-reform groups
which,
they say, are funded in large part by insurance companies trying to
shift
the blame for rising premiums.
Business Week magazine, in a cover story last month about the impact of
political contributions on the judiciary, called the campaign in the
5th
District "one of the ugliest judicial races in U.S. history."
Wall Street analysts believe that the race may have implications for
key
stocks, particularly those involving tobacco companies.
Last year, Madison County Circuit Judge Nicholas G. Byron set a state
record when he returned a $10.1 billion verdict against Philip Morris
in a
class action suit that alleged the company misled Illinois smokers
about
the dangers of light cigarettes.
The Illinois Supreme Court could take up the appeal as early as next
month.Anishka Clarke, an industry analyst for Standard & Poor's in New York,
said
lawsuits are increasingly scrutinized by investors.
"Litigation is a major concern for most investors, particularly in
tobacco
markets," Clarke said. "One of the main reasons tobacco stock
fluctuates
back and forth is linked to these huge lawsuits."There is even a touch
of Hollywood to the whole affair, by way of a
documentary film crew that has hounded the camera-shy candidates from
small-town parades to roadside diners.
The documentary, by Wayne Ewing Films out of Aspen, Colo., will be shot
through election day, with a scheduled release early next year.
Ewing's films have been broadcast on the major TV networks, as well as
on
HBO and PBS.
His latest work is a documentary on "gonzo" journalist Hunter S.
Thompson.
Ewing said "The Madison County Documentary," the film's working title,
is a
return to his filming roots. His first work, "If Elected," documented
a
1972 state Senate campaign in West Virginia.
Ewing insists he is "completely independent."
"I'm a serious filmmaker trying to do objective filmmaking about this
race," Ewing said.
But the Karmeier camp is convinced that Ewing has brought a liberal
agenda
to the project. They have refused to cooperate on the film.
"The Karmeier people turn away and duck every time a camera gets near,"
Ewing said.
Steve Tomaszewski, a spokesman for the Karmeier campaign, said he
suspects
Ewing plans a "Michael Moore kind of film," referring to the director
of
the anti-George W. Bush film "Fahrenheit 9/11."
"I believe they are going after situations that are designed not to put
our
side in the best light," he said.
Maag, on the other hand, reluctantly granted the crew about 20 minutes
of
taping time, said Brendan Hostetler, spokesman for Maag.
"Justice Maag's feeling is they (the Ewing crew) are there, he wishes
they
weren't, and we'll agree to move on," he said.
Tomaszewski and Hostetler said their candidates are trying to run their
campaigns without hype, in spite of all the attention.
"Judge Karmeier is going on about his campaign irregardless of it all,"
Tomaszewski said.
Maag "still views himself like he has all along, as a judge, fair and
impartial," Hostetler said. He admitted, however, that Maag "was
frustrated
that so much outside attention has been focused on this race."A national
trend
If it's any consolation, the 5th District is not the only judicial race
in
the nation that has turned rancorous.
Business Week observed last month that in the 38 states where judges
are
elected, rather than appointed, "Liberals and conservatives bash one
another with distorted accusations of racism, sexism and religious
intolerance.
"It is becoming increasingly routine for judicial candidates to run
attack
ads, fill out questionnaires detailing their beliefs, and hit up big
donors
on the phone."
Mike Lawrence, director of the Public Policy Institute at Southern
Illinois
University Carbondale, believes that Madison County Circuit Court,
rather
than the candidates, is the real lightning rod in the Illinois Supreme
Court race.
"Tort-reform advocates nationwide have made Madison County the poster
county for their cause," Lawrence said.Reporter Paul Hampel
E-mail: paulh@post-dispatch.com