Untitled Document

From The Edwardsville Intelligencer

Money floods into judicial race
Norma Mendoza
10/28/2004

Karmeier leads Maag by approximately $1.6 million
The race for the Fifth District seat on the Illinois Supreme Court is a boon to broadcast advertising in Illinois and in the bi-state area as more and more money pours into the campaign coffers of both candidates, much of it going to pay for broadcast advertising, lifting the economy of at least one industry in the state.More than $6 million, much of it in in-kind expenditures, has pumped up the campaign chests of Fifth District Appellate Court Justice Gordon Maag, a Democrat from Glen Carbon, and his opponent, Circuit Court Judge Lloyd Karmeier, a Republican from Nashville.
The in-kind contributions have paid for and are continuing to pay for the production and airing of television, radio and newspaper advertising, printing and postage to mail out campaign literature, and some expenses related to fund-raisers.
Maag and Karmeier are competing for the open seat on the Illinois Supreme Court resulting from the retirement of Justice Moses Harrison, in case there is anyone in the 37 southern Illinois counties in the Fifth Supreme Court District who hasn't heard about it by now.
If you haven't heard, it isn't because both campaigns haven't tried to reach you. With less than a week to go, the in-kind contributions have bought more than $4.6 million in advertising.
There doesn't seem to be any letup in the attack ads run by both candidates despite each receiving reprimands from the Illinois State Bar Association's Tone and Conduct Committee set up specifically to police the pubic statements and advertising by the candidates for the Illinois Supreme Court and Appellate courts.
The committee asked Karmeier to disavow negative ads being run by JUSTPAC, the political action committee of the Illinois Civil Justice League, calling them misleading, and it asked Maag to disavow ads paid for by the Democratic Party, also calling them misleading.
Neither campaign disavowed the ads and both continue to run them.
Karmeier 's campaign fund had posted a record $4.3 million as of early this week with $168,952 of it reported just this week from the Illinois Republican Party and JUSTPAC. At that time, the Karmeier campaign had spent $2.67 million on advertising paid for by the Republican Party and JUSTPAC, both funded in large by contributions from the U.S. Chamber of Commerce and the American Tort Reform Association.
Maag's campaign fund trails Karmeier's with $2.7 million contributed as posted early this week. Some $93,000 of that was spent since Friday, probably for additional television time. However, just this week, attorney Randall Bono and the law firm of SimmonsCooper contributed nearly a half million to the Justice for all PAC and speculation is that it will go to the Maag campaign for more television ads.
As of early this week, the Maag campaign had spent $1.9 million on advertising, paid for primarily by the Democratic Party of Illinois with the help of contributions from trial lawyers.
On Friday, the Republican Party paid $911,000 for in-kind advertising for Karmeier. The day before, the American Tort Reform Association sent $100,000 to JUSTPAC to pay for anti-Maag ads.
Both campaigns have received large contributions from attorneys.
This campaign for the Illinois Supreme Court has attracted attention from across the nation as tort reform proponents, trial lawyers, medical malpractice protesters, insurance companies and corporate interests all see it as a key solution to their dilemmas.
Why is so much attention being paid and money being spent on this race? As the Court stands now, Democrats outnumber Republicans 5-2, a majority perceived as a threat to the appeal filed by Philip Morris to get the $10.1 billion judgment entered in Madison County thrown out. The tobacco company contends it is a federal issue rather than an issue for Illinois courts to decide.
Ironically, one of the Republican justices on the Supreme Court has recused himself from the case because an attorney in Chicago who represents him on another matter is assisting Korein Tillery, the firm representing the plaintiffs in the Philip Morris appeal. So, even if Karmeier were to be elected Nov. 2, the Democrats would still have a majority of 4-2 when the case is heard.
The proponents of tort reform whose goal is to set caps on personal injury awards also believe cutting the Democratic majority to 4-3 would give them an outside chance that the Supreme Court wouldn't throw out new caps legislation by declaring it unconstitutional as the Court has done at twice previously.
A change in the makeup of the Supreme Court could change the makeup of other Illinois courts because the Supreme Court justices play an important role in the appointment of judges to fill vacancies in the appellate and circuit courts.
The national trend to target Supreme Court races this year already has analysts asking if money can buy a seat on the Supreme Court. They suggest it can, citing races in 2002 where nine of 11 races were, in fact, won by the candidates who spent the most for television advertising.