St. Clair County Associate Judge Elaine LeChien ordered the Circuit Clerk's office to correct a document in the June 21 traffic incident case of Appellate Justice Judy Cates.
The Record had reported on Cates' traffic incident in December. On Feb. 4, a Record reporter asked Cates by email about a document labeled "Alcohol-Drug Rept/Confidential" that appeared on the court record docket of her traffic case.
"This email prompted Judy L. Cates to begin an inquiry into the nature of the receipt, as no drugs or alcohol were involved in this minor traffic accident," Cates wrote in a Feb. 19 motion to open the court file and correct the record of the circuit clerk.
On Feb. 4, a Record reporter was told by State's Attorney James Gomric and later by Circuit Clerk Kahala Clay that the computer generated document was due to a "coding error" made by an office clerk. The Record did not run a story about the coding error.
"Judy L. Cates assumed, quite incorrectly, that the St. Clair County circuit clerk's office, once notified of the mistake, would correct the designation, as this was simply a receipt, and not an order of the court," her motion states.
On Feb. 13, the Record published a letter to the editor which questioned the "Alcohol-Drug Rept/Confidential," that remained a part of the Cates' traffic ticket docket.
On Feb. 24, Circuit Clerk Clay confirmed that the computer generated form that had been incorrectly coded was corrected on Feb. 20. It now states "Non public document."
Cates, however, did release the insurance-related communication documents that had been incorrectly coded.
In her motion to correct the traffic case record, Cates wrote that the Record has targeted her because she is running as a candidate for the Illinois Supreme Court "and despite knowing the truth of the matters involved, the Record has intentionally and fraudulently attacked Justice Cates' integrity.
"Therefore, rather than allow the Record, or any others, to continue this fraudulent attack on the integrity of Judy L. Cates, and to avoid any further suggestion that Judy L. Cates is 'covering up' a drug or alcohol-related report, Judy L. Cates has filed this motion requesting that this court open the court file and make all records contained therein available to the public."
In response to a request for comment on this story, Cates wrote:
"I am thankful that the circuit clerk's unfortunate coding error is now resolved, and that any confusion which may have resulted from this error is now behind us. I look forward to moving on, and to meeting the voters of this district as a candidate for Illinois Supreme Court."