One of the most consequential races on the March 17 primary ballot is the GOP contest between Fifth District Appellate Court Justices David Overstreet and John Barberis, seeking to replace the retiring Republican Justice Lloyd Karmeier at the Illinois Supreme Court.
Both describe themselves as conservatives and say that if on the losing end, will support the victor as they believe in the importance of keeping the seat Republican, as it has been for nearly 16 years.
Karmeier was first elected to the seat in 2004 in what was the costliest (nearly $10 million spent) and arguably most contentious state Supreme Court race ever in the United States. At stake was the court's balance, and with Karmeier's election the high court gained a conservative whose vote mattered in many ways, including reining in class action litigation that had exploded in Madison County and stemming the exodus of physicians over skyrocketing medical malpractice rates.
How do they distinguish themselves?
"I consider my judicial experience the number one factor," Overstreet said. "I served as a trial court judge for almost 10 years before serving three years at the appellate court. I always have received high ratings from those who have evaluated me. And now, more specifically the Illinois State Bar Association has given me a 'highly recommended ' designation in their judicial advisory evaluation."
Overstreet said he has been selected to serve in various capacities over the years, including judicial conferences and judicial education that have shaped his experience.
"I have grown up in southern Illinois," he said. "I think I have good southern Illinois, conservative values that I have brought in the past and will bring to the Supreme Court. I've always known to interpret law, not make policy. I follow binding precedents, and uphold the constitution."
He also touted the support he has received from many state and federal GOP leaders, and said he is honored to have endorsements from a number of conservative groups, including the Illinois State Rifle Association, Illinois Citizens for Life, Illinois Fraternal Order of Police and others - including the Illinois Republican Party.
Barberis, however, indicated he was proud of the support he has coalesced.
"First and foremost, I am not an establishment insider," he said. "I am a fiercely independent, conservative Republican. I am no different than the folks that would be voting for me in the 37 counties that make up the Fifth Judicial District.
"I don't have a big political party behind me. What I have is common, every day guys behind me - farmers, firemen, police officers, electricians. I do have some lawyer friends, but I don't hang out with them exclusively.
"I am a strong supporter of the Second Amendment - and that is a distinguishing point about me between my opponent."
Barberis, who was first elected Madison County circuit court judge in 2014, then to the Fifth District Appellate Court in 2016, said he has "always been a gun guy" and has always believed in the right to protect family "with whatever means one chooses."
"I also understand that the Second Amendment was not written so that we can hunt deer. It was ratified in 1791 after we learned a hard lesson so that we could be independent of a tyrannical government, that if ever we faced one we have a means to protect ourselves."
While Overstreet has the backing of Congressmen John Shimkus and Mike Bost, several state lawmakers, Madison County Board Chairman Kurt Prenzler, and others, Barberis last week received a rare endorsement from the Madison County Republican Party.
Barberis called it the "crown jewel" of endorsements in the race, as more than 30 percent of the total vote in the primary will come from Madison County alone.
And as for the ISBA judicial evaluation, Barberis has criticized the process and downplayed its meaning upon the general electorate.
"I had gone through two of those (2014 and 2016) and in both of them was not recommended," he said. "And, it did not affect the outcome of my races. I belive the ISBA polls are important to the ISBA and its members. But the general public is not picking their judges based on these polls."
He said that in 2020, he made a last minute decision to go ahead and participate in the ISBA's judicial evaluation review, in spite of previous outcomes.
"I decided that I had been on the court for four years, and have given well reasonsed and sound decisions, have had no reversals, and less than a handlful of dissents," he said.
After having participated in the most recent review, he said he felt good about the interview and the process overall, which included listing five professional references.
When he later learned that he was not recommended he contacted the five individuals whom he had named and said that not one of them had been contacted on a reference check.
Filling judicial vacancies
Overstreet would apply a similar approach to filling circuit court vacancies as his role model Karmeier, saying it is the best approach.
He said he would adopt a committee of eight that would include attorneys and retired judges in the particular area where a vacancy existed. The committee would screen applicants to come up with a top three to four.
"I would interview them and make the call," Overstreet said.
He said he would look for individulas who are fair and impartial.
"I would look at things such as philosphy," he said. "I am sensitive to diversity. People have confidence in a system that looks like them - gender or race, those things would factor in.
"On the political end, you have seen Justice Karmeier appoint Republicans and Democrats," he said, adding that he would as well.
For appellate court vacancies, Overstreet said he would not necessarily use a committee approach. He said he would likely have enough knowledge about potential appointees already serving at the trial court level. But he said he would talk to both parties.
"I would be sensitive as well to balance," he said. "I am open minded. A good judge is fair and impartial, and not necessarily in lock step with me. I don't have a litmus test."
Barberis said he has two criteria for selecting judges.
"Political party is not one of them," he said.
"One, is the most qualified of those applying for a seat. And that means qualified, not who they know, whose campaigns they worked on and including if they know me. If they know me, if they are a personal friend, that does not give them an advantage.
"Two, they have to have conservative values. The Fifth District is one of the last bastions (of conservatism in the state). When I say conservative values, they don't have to have the same exact mindset as me, but they have to understand and appreciate the value of life, the value of the Second Amendment and value a strict constitutional approach - not be an activist. They have to uphold the values of the people in the Fifth District."
General Election battle
The 2004 contest between Karmeier and Democrat Gordon Maag could be described as a battle between business interests that were getting hammered in specific courts (Madison, St. Clair and Cook counties) and trial lawyers that wanted to maintain their access to bring class action, asbestos and other personal injury litigation.
In Karmeier's 2014 retention campaign, trial lawyers poured millions into a late challenge that nearly booted him from the bench.
How prepared are the Republican candidates for a general election campaign against fellow Fifth District Appellate Court Justice Judy Cates, who before her election was a personal injury attorney, and was a former president of the Illinois Trial Lawyers Association?
"It's not something you look forward to," Overstreet said.
He said he has faced "honorable" opponents and campaigns in runs for circuit and appellate court seats, but understands that outside influences could be a part of the fall campaign if he is elected in the primary.
"It will likely be difficult in the fall," he said. "But I know who I am and just have to work hard."
"My campaign will want to keep things as positive as much as possible. It will depend on what is thrown out."
He said that Karmeier's conduct and leadership has been influential on how he would conduct himself in a contentious campaign.
Barberis says that he is the only candidate in the primary who has faced negative ads and "the type of money that can be expected in the general election."
"My primary opponent was able to win his election, but he had much less significant effort to overcome," Barberis said.
Using a hunting analogy, he compared his election tests to squirrel to bear hunting.
"I have been the only one bear hunting," he said.
He also said that he "cannot be bought and I will not be intimidated. I will do whatever is necessary within the bounds of judicial campaign ethics that is allowed, to make sure that we retain that seat."