Litigation

Election 2010: A ?Wad of Cash? in Illinois

By Peter Hardin

There are new reports of big campaign money flowing into an increasingly contentious retention election faced by a state Supreme Court justice in Illinois.

Democratic Justice Thomas L. Kilbride (second from left in photo) is caught up in a “mud-filled battle” over re-election, columnist Greg Hinz writes in a Chicago Business commentary. Hinz suggests the overall state picture is not a pretty one:

“Welcome to the wild and woolly world of Illinois judicial elections, where it certainly looks like the well-heeled are trying to buy justice.”

When Justice Kilbride won election a decade ago, Hinz writes, he benefited from “hundreds of thousands of dollars in late campaign contributions from Illinois House Speaker Mike Madigan, who perhaps wanted a friend on the court as it prepared to take up a legislative remap.”

This time, Justice Kilbride has upset some groups by voting with a state Supreme Court majority that declared unconstitutional a law limiting the sums that doctors and hospitals could be sued for (see Gavel Grab). The Illinois Civil Justice League isn’t happy with Justice Kilbride and has attacked him as soft on crime, perceiving that as a more voter-friendly issue.

One ICJL radio spot about crime “had to be revised after stations refused to run it on factual grounds,” according to Hinz, and Justice Kilbride and some outsiders have contended the attacks were unfair.

Meanwhile, more money is flowing into the election. The ICJL has been helped by a $100,000 donation from the American Justice Partnership, and $150,000 is “on the way” from the U.S. Chamber of Commerce, Hinz reports. (To learn about equally large donations supporting Justice Kilbride, see below.) Hinz’s conclusion:

“Judge for yourself, folks. But cases like this make my skin crawl. Judges need to worry about the law?not about offending, or pleasing, someone with a big wad of cash. There has to be a better way.”

Meanwhile a Legal News Line article explored a broader political context for the retention election under the headline, “For Republicans, Kilbride race about more than court decisions.”

The article suggested that a number of Republicans may want to oust Justice Kilbride in order to secure a majority on the state Supreme Court; state political redistricting will begin after the November elections. The article also noted wide-ranging endorsements for Justice Kilbride, including that of former Republican Gov. Jim Thompson; the National Rifle Association; and unions.

The Illinois Federation of Teachers has reported backing Kilbride with two donations in August and September adding up to $250,000, according to the article.

Full post as published by The Gavel on October 18, 2010 (boomark / email).