From the St. Louis Post Dispatch

Defamation suit by losing court candidate is dismissed
By Paul Hampel
Of the Post-Dispatch
06/10/2005
A judge in Sangamon County today dismissed a $110 million defamation suit by failed Illinois Supreme Court candidate Gordon Maag against two groups over a campaign brochure distributed before the November election.
Sangamon County Circuit Judge Patrick Kelley stated in his order dismissing the suit that the brochure was not defamatory per se.
“The Flyer is clearly capable of innocent construction in that it does not malign Plaintiff personally, but instead appears to be careful to criticize only his (Maag’s) decisions and record while in office,” wrote Kelly, a Republican.
Maag had accused the Illinois Coalition for Jobs, Growth and Prosperity, along with two of its officers, and the Illinois Chamber of Commerce of distorting Maag’s record and harming his reputation in the brochure.
When reached at his Glen Carbon home today, Maag, 53, declined to comment. His attorney, Rex Carr, also refused to speak about the order.
The pamphlet was distributed in the two weeks leading up to the Nov. 2 election. It called Maag’s record on crime “embarrassing” and “dangerous.” It also alleged that the candidate once “let a murderer back on the streets.”
Kelly stated in his order that he “sympathized with Plaintiff’s displeasure with the Flyer. It harshly criticizes a number of Plaintiff’s rulings in a crass and unreasonable manner. No judge in the State of Illinois could look at the Flyer and not find it appalling.
“But the issue here is not whether materials such as the Flyer are appropriate in judicial campaigns. That, perhaps, is for others to decide.”
The suit sought $10 million in actual damages and $100 million in punitive damages. The suit technically remained filed in Madison County, but was heard by Kelley because Maag was once a judge in Madison County.
Maag’s suit sought lost wages and benefits from his loss of his state appellate court seat in the November election. He needed 60 percent of the vote to retain the seat; he got 55 percent.
He also lost the Supreme Court race in the same election, to Lloyd Karmeier.
His suit contended that the flier cost him the appeals court job.
Attorneys for the defendants had argued that political candidates would face an avalanche of suits if Maag’s defamation claim was successful.
“It would have had a catastrophic affect on political campaigns in that candidates would not be permitted to talk, or comment on other candidates’ records,” said Tony Ashley of Chicago, attorney for the Illinois Coalition for Jobs, Growth and Prosperity.
Last fall’s race for Illinois Supreme Court broke records for campaign spending and drew national attention as ground zero in the controversy over tort reform. It also spawned three lawsuits; Republicans prevailed in each one.
Maag’s son, Thomas Maag, filed and later dropped his own lawsuit after the election. That suit accused a Karmeier campaign worker of illegally posting campaign signs on Maag family property.
The other suit was filed in Madison County by Dwight Kay, finance chairman for Karmeier’s campaign. It accused Democratic political consultants Tom Denton and Doug Wojcieszak of trying to intimidate him and scare his two children while gathering information on Kay.
Wojcieszak said he settled the suit for about $3,000.