From the State Journal Register

Judicial races turning political
Special interests giving money to high court hopefuls
By CHRIS DETTRO
STAFF WRITER
For Illinoisans used to sleepy judicial races, seemingly above the politics of legislative and local races, the battle for the 5th District seat on the state Supreme Court may be quite an eye-opener.
Political observers think millions of dollars will be spent to elect either Appellate Court Judge Gordon Maag or Washington County Circuit Judge Lloyd Karmeier to the seat currently occupied by Justice Philip Rarick, who decided not to seek re-election. And much of that money will come from special-interest groups, says a Washington watchdog organization.
Justice at Stake puts Illinois among a handful of states that have become perennial battlegrounds for state Supreme Court elections.
It cites a study by the Institute on Money in State Politics that shows the average cost of winning a seat on the state Supreme Court increased more than 25 percent between 2000 and 2002, when winning candidates raised just under $1 million.
Justice at Stake's Jesse Rutledge says that $1 million figure will be easily surpassed by the time the current campaign pitting Republican Karmeier of Nashville against Democrat Maag of Glen Carbon ends.
"The percentage increase (in 2004) will be considerably more than 25 percent," Rutledge said. "All eyes from around the country are focused on the 5th District race in Illinois, and they're saying it could be the single most expensive judicial race in the country."
Justice at Stake also points to a nationwide poll by Zogby International that shows Americans are alarmed by the increasing power of money and special-interest politics in judicial elections, and that they want reforms.
"Historically, judicial elections have been more genteel than other political elections, and that's the way Americans like them," Rutledge said.
He said special-interest groups have been "jumping in with both feet" regarding the 5th District race and have been gearing up for it for quite a while.
Mary Schaasma, judicial project coordinator for the Illinois Campaign for Political Reform, a Chicago-based non-partisan public interest group, said her organization's solution to special-interest groups influencing the campaigns would be something akin to public financing for candidates for the Supreme Court, whereby candidates would draw money from a legislatively-endorsed fund.
"That would significantly limit any influence third parties would have," she said.
The 5th District Supreme Court race, she said, "has become a lightning rod for third-party money."
The tort-reform aspects of the race at times make it seem that it isn't Maag running against Karmeier, but trial lawyers running against doctors and big business.
The Illinois Civil Justice League, a Chicago-based civil law reform group supported by business interests, and the Illinois Chamber of Commerce, which broke precedent last month by endorsing a judicial candidate for the first time, have endorsed Karmeier.
Those groups have long been critical of Madison County courts, which they say are a plaintiff's haven. More class action lawsuits were filed in Madison County than in any other jurisdiction in the country, the chamber says.
Maag has support from Victims and Families United, a group representing plaintiffs and plaintiffs' attorneys. Maag is a former plaintiff's attorney and Madison County associate circuit judge, but also worked for a personal injury defense firm.
The U.S. Chamber of Commerce has said it plans to spend $50 million in Supreme Court races around the country in 2004, and has already given Karmeier money.
According to campaign receipts filed from the second half of 2003, Karmeier received $5,000 from the Illinois State Medical Society and $5,000 from JUSTPAC, the political action committee for the Illinois Civil Justice League, which wants to limit the number of class-action lawsuits that can be filed in the state.
"We think the U.S. Chamber of Commerce has targeted certain races where tort battles have raged," Schaasma said. "There are fewer judicial races than legislative races, so the impact can be fairly significant."
Democrats currently have a 5-2 majority on the state Supreme Court, and a Karmeier win would reduce that majority to 4-3. Supreme Court justices also generally recommend someone from their own political party when it comes to filling circuit court vacancies that may arise in their respective districts.
If elected, Karmeier would be the first Supreme Court justice from southern Illinois in the past 35 years who isn't a resident of Madison or St. Clair counties.
The 5th District includes Illinois' southernmost 37 counties, but reaches as far north as Montgomery and Christian counties.
Schaasma said voters also complain about the lack of independent information they receive about judicial candidates.
"Around election season, negative TV ads dominate the airwaves," said Cindy Canary, executive director of the IICPR. "Voters need access to unbiased information, such as the kind provided in non-partisan voter guides, in order to make informed decisions when voting for judges."
The Justice at Stake Campaign report also indicates that much of the TV advertising used by judicial candidates is designed to send messages to voters about the sort of rulings the candidates would make if elected.
"They want to pressure the judges who protect our rights to rule in their interest, not the public interest, and that's wrong," said Bert Brandenburg, acting executive director of Justice at Stake.
Schaasma also noted an increased reliance on TV advertising, the nature of which makes it difficult for voters to test the ver-acity of its content.
Additionally, the wide geographic area of the 5th District makes it more likely the candidates will be using television to reach voters, she said.
She praised as a step in the right direction the state's 2003 ethics law that contains provisions on electioneering disclosure.
"We just have to hope the election doesn't spin out of control, which it could," said Justice at Stake's Rutledge. "Interest groups are harder to rein in than the candidates themselves."Chris Dettro can be reached at 788-1510 or by e-mail chris.dettro@sj-r.com.