From the St. Louis Post Dispatch

Maag, Karmeier seeking seat on Illinois Supreme Court
Scott Cousins
Of the Suburban Journals
10/15/2004

The race to fill a spot on the Illinois Supreme Court has become one of the most unusual judicial races in Illinois and it is beginning to receive national attention.
Gordon E. Maag, a Democratic candidate who has served on the appellate court for 11 years and as an associate circuit judge in Madison County from 1989 to 1992, will face Republican Lloyd A. Karmeier of Nashville, a circuit judge in the 20th District.
While judicial races are usually subdued, this race is attracting a great deal of attention from voters and the media. Along with that attention has come the interest of the candidates' respective parties. That has brought in party money, enabling both candidates to launch high-profile campaigns, including television ads.
Karmeier is a 1958 graduate of Okawville High School and a 1962 graduate of the University of Illinois at Urbana-Champaign where he received a bachelor's degree in commerce and law.
He received his law degree from U of I in 1964.
Karmeier was a law clerk to Justice Byron O. House of the Illinois Supreme Court and served as a law clerk for Federal District Judge James L. Foreman.
He also worked as an attorney for Hohlt, House, DeMoss & Johnson in Nashville, becoming a partner in 1968.
In 1968, Karmeier was elected Washington County State's Attorney, serving one term. In 1986 he was elected as a circuit judge in Washington County and won retention in 1992 and 1998.
Because he is seeking the Supreme Court position, he is not running for retention on the circuit court.
Karmeier is also chairman of the Illinois Pattern Jury Instructions Criminal Committee, which makes recommendations about the instructions given by judges to juries in criminal trials.
He has been endorsed by the Illinois State Chamber of Commerce, the Illinois Civil Justice League and the Illinois State Medical Society.
Karmeier and his wife, Mary, were married in 1965 and live in Nashville. They have two children and five grandchildren.
Karmeier is endorsed by the Illinois Civil Justice League, Illinois State Chamber of Commerce, Illinois Hospital Association, National Federation of Independent Business, National Rifle Association, Illinois State Medical Society, Illinois Federation for Right to Life, Southern Illinois Manufacturers Network, and ABATE.
Maag was born in East St. Louis and attended public schools there prior to attending the Western Military Academy in Alton.
He attended Saint Louis University on an ROTC scholarship, graduating in 1973 with a bachelor's degree in political science.
From 1973 to 1977, Maag was an infantry officer in the U.S. Army, serving in the 101st Airborne Division and the Rangers.
He graduated from the University of Mississippi Law School in 1979, where he was first in his class.
He served as a member of the law review and in the Federal Trial Internship program, in which law students would defend indigent criminal defendants in court.
He also has an advanced law degree - master of laws in the judicial process - from the University of Virginia Law School, which he received in 2001.
He was an attorney with Walker & Williams, a Belleville firm, from 1979 to 1984, and with Lakin & Herndon in Wood River from 1984 to 1989.
After 10 years as a Metro East attorney, Maag served as an associate circuit judge in the Third Judicial Circuit, handling major civil cases from 1989 to 1992.
He was appointed to the Fifth District Appellate Court in 1992, and was elected to a 10-year term in 1994.
Maag cites his experience as the only candidate with appellate level experience, both as a practicing attorney and as a judge.
As an attorney, Maag has argued cases before both the Illinois and Missouri supreme courts, and the U.S. Court of Appeals for the Seventh Circuit.
As an attorney, Maag argued major cases before both the Illinois and the Missouri Supreme Court and the U.S. Court of Appeals for the Seventh Circuit.
As an appellate judge, he served as chief judge twice, has heard more than 2200 cases, and written more than 725 decisions.
Maag and his wife, Stephanie, have been married 29 years and have two adult children in Glen Carbon.
Maag has been endorsed by the AFL-CIO, C.O.P.E, Illinois Federation of Teachers, Associated Firefighters of Illinois, Fraternal Order of Police, National Rifle Association and Illinois Citizens for Life.
Both candidates talked about the race Thursday, calling on cell phones from Southern Illinois.
Because they are prohibited from speaking about specific issues that they might have to address later on the court, both Maag and Karmeier spoke in general terms.
Maag said he is constantly traveling and speaking.
"I'm on the road right now," he said. "I'm shaking all the hands I can."
In general, Maag said judges should "apply the law as written," and avoid judicial activism.
He said three major issues are crime, medical malpractice and the court system.
"Crime is a serious problem," Maag said. ‘People in Southern Illinois deserve to feel safe in their homes," he said, adding that the area has "a terrible methamphetamine problem."
He also noted that he had just been endorsed by the Illinois Fraternal Order of Police.
On the issue of medical malpractice, he said, "anybody who doesn't know we have a terrible problem isn't paying attention."
In part, he said lawyers and doctors need to police themselves, and the legislature needs to pass reforms.
"We just need to get this problem solved," he said.
Relating to that is the need for reform in the court system.
"We have to make sure the court system is fair and just as a matter of fact, but is also perceived as being fair and just.
In part, he said people have to understand how the system works.
"You can have a judge make a completely honest ruling that is very unpopular," he said.
As an example, he said his opponent's campaign was saying Maag had made a ruling allowing a rapist to go free.
"That's a lie," he said. "What happened was that the attorney (representing the accused) was deprived of his right to confront a witness."
Maag said the case was sent back down to the circuit court for retrial and the accused pleaded guilty.
"They are taking a case and misrepresenting it," he said of his opponent's campaign.
On the issue of caps on awards in malpractice and other civil cases, Maag said he could not talk directly about the issue, but said there are two points: whether caps are a good idea and whether they are constitutional.
The Illinois Supreme Court previously had ruled that award caps for non-economic damages were unconstitutional.
"I presume that if the legislature acts, they will act according to the Constitution," he said.
In such cases, the burden of proof lies with whoever is challenging the law.
Karmeier also said the race was going well and that one of his campaign goals was to raise awareness about the election.
He said one of the biggest issues in the race is medical malpractice and tort reform.
"It's probably the biggest single issue in the Metro East," he said. "The spotlight has been on Madison County.
"If there are in fact frivolous lawsuits, they should be weeded out early on," he said.
While much of the issue of tort reform is legislative, he said judges can "help by making sure both sides have fair opportunities to argue cases."
Karmeier said it is also important to bring a balance back to the court system, especially at the appellate and supreme court level.
In part he said it is a partisan political issue because of the dominance of the Democratic Party and trial lawyers in Southern Illinois, but it also deals with the dominance of Madison and St. Clair counties.
He noted that since 1970, all the Supreme Court justices from the Fifth District have come from Madison or St. Clair counties, which have only 35 percent of the district's population.
He also said that six of seven appellate court judges are also from the two counties.
Karmeier said he viewed himself as something of a "strict constructionist," meaning he does not favor judicial activism.
"I don't think judges should make the law, they should interpret the law."
He said in the case of Illinois, it is somewhat easier because the latest version of the state's constitution was ratified in 1970.
Karmeier urged that people get involved in the race, especially noting which groups support the candidates, noting his endorsements by the state's chamber of commerce and medical society.

E-mail: scousins@yourjournal.com