If not for a pandemic, an Illinois Supreme Court race might be making more headlines in southern Illinois.
A race in the state's Fifth Judicial District between David Overstreet, Republican from Mount Vernon, and Judy Cates, Democrat from Swansea, is one of two contests in November's general election for the state's seven-member high court.
The outcome would either keep the court's balance 4-3 Democrat to Republican or shift more liberally, 5-2.
Balance is not really in play in the other high court contest in Chicago - at the state's First Judicial District - as the winner of the Democratic primary in March, sitting justice P. Scott Neville, Jr., will likely hold on to the seat. Neville won 26 percent of the vote among a field of seven Democrat candidates with 214,066 votes. One Republican candidate, Richard Mayers, secured his party's nomination with 22 votes.
A third seat on the high court may be in play in November with a retention race of Justice Thomas Kilbride in the Third Judicial District, although he has until later this month to decide whether to place his name on the ballot for what would be a third 10-year term.
A fourth seat might have been in play in the Second Judicial District, however Justice Robert Thomas, a Republican, retired and his replacement, Michael J. Burke, was named in March. That seat will be on the ballot in 2022.
Like most political campaigns this unprecedented election year, the Illinois Supreme Court race in southern Illinois is quiet.
"As everyone deals with the COVID-19 pandemic and the stay-at-home orders it has been neither appropriate nor practical to campaign in traditional ways at this point," said Overstreet in an emailed statement.
"I have been posting occasionally on social media and helping with local produce giveaways. I have also been checking in with many of my supporters by phone. We are planning for the more public campaigning which I look forward to engaging in when it is appropriate and practical. Depending on the duration of the COVID-19 pandemic, myself and my team are looking at alternative ways of reaching out to voters. I am looking forward to hearing everyone's thoughts out on the campaign trail."
Overstreet, 54, was elected to the Fifth District Appellate Court in 2018 in a contest with Democrat Kevin Hoerner of Belleville, who was later picked as associate judge in St. Clair County.
He's facing his colleague on the appellate bench, Justice Judy Cates, 68, first elected in 2012 in a contest with Republican Stephen McGlynn, who later won election as circuit judge in St. Clair County in 2014 and who was nominated late last year to serve as federal judge at the Southern District of Illinois.
Cates said in an emailed statement that her campaign looks forward to political forums and a "robust discussion of issues" with her opponent, as she believes voters "need to be able to ask questions of the candidates and get answers, even if these events are done by a virtual forum."
"Prior to the COVID-19 shutdown, the campaign was in full swing, right up to the March 17 primary on St. Patrick’s Day," Cates stated. "I had been attending community events throughout the District. For example, I enjoyed being at the fundraiser for the Boys and Girls Clubs of Southern Illinois, the Women’s Center’s fundraiser, the 99th Marion Chamber of Commerce Annual Awards Banquet, and even played in the trivia night for St. Anthony’s Memorial Hospital in Effingham. (BTW - the “Judge Judy for Supreme Court” team won,) I also attended a women’s event hosted by the S.I.U. School of Law, and many other community events held in Murphysboro, Duquoin, and throughout the 37 counties that I will represent when I am on the Supreme Court, and presently represent, as an Appellate Court justice.
"Then, the COVID-19 pandemic occurred, and, for a while, our campaign was upended. With the closing of schools, and other “non-essential” businesses, my focus shifted away from the campaign. My first priority was to keep my family safe, and make sure all of my friends recognized the serious health consequences of exposure to this deadly coronavirus. I spent time learning as much as I could regarding the science of this new enemy, to gather more information.
Cates's full statement can be found here.
While active campaigning is paused, the candidates' finance committees are drawing contributions.
In the first quarter, Cates' committee took in total receipts of $130,559, topping Overstreet's, $79,242.
Unsurprisingly, Cates, a former president of the Illinois Trial Lawyers Association, has received heavy funding from the trial bar, locally and from Chicago and St. Louis firms - $11,600 from Power Rogers & Smith, Salvi, Schostok & Prichard, Driscoll Law, and family David and Jennifer Cates. She also received $11,200 from Korein Tillery and $10,000 from Womick Law in Carbondale.
Overstreet, who fended off a primary challenge in March from Fifth District colleague Justice John Barberis by a margin of 3-1, has received contributions from business interests and modest contributions from practicing attorneys in the district. But, he also received a $11,600 contribution from prolific medical malpractice firm Keefe Keefe & Unsell in the first quarter.
The Keefe firm typically is a big contributor to Democratic candidates and causes.
In the primary election, Cates - who ran unopposed - received more votes than Overstreet, 85,117 to 77,438. However, the combined vote total for Overstreet and Barberis in a district that has leaned conservative in the past decade was 101,215.