Democrat lawmakers are expected to ram through legislation in Springfield, possibly Wednesday, creating new judicial subcircuits in four state court systems, including Madison and Bond counties' Third Judicial Circuit.
Details of the proposal indicate Madison County would be divided into three subcircuits with populations close to 90,000 each.
The western portion would run from Alton south, jutting into northern Edwardsville. The most compact section includes Edwardsville south to Collinsville. The eastern portion stretches from the northwest to southeast corner of the county, including Highland.
Bond County, which currently elects its own resident circuit judge, would become a subcircuit with a population of less than 17,000.
The legislation is being rushed so that potential judicial candidates can partake in circulating nomination papers when the process opens on Jan. 13.
According to a report in Capitol Fax, the creation of new subcircuits would give minority communities "a better opportunity to elect candidates of their choice and influence elections. These new subcircuits will help improve the diversity of opinion and background of judges, while giving everyone a voice in electing a bench of judges they feel best represent their communities."
But, just exactly what subcircuits would mean for the Third Judicial Circuit, voters and sitting judges remains unclear.
Madison County Chief Judge William Mudge on Wednesday morning said the proposal did not yet have a bill number, "so without the benefit of the text of whatever is or will be proposed, it is difficult to comment on."
Madison County Republican chair Ray Wesley called it dangerous for the legislature to interfere with the independence of the judiciary.
He said that as he understands the proposal, Republican circuit judges Amy Maher, elected in 2020, and Amy Sholar, appointed last April, would have to face off because they live in the same proposed subcircuit.
"What strikes me is that by drawing two sitting judges together they are disenfranchising voters in Madison and Bond counties," Wesley said.
"They're trying to take control of the judicial appointment process, and that could be dangerous. They are completely politicizing the judiciary in order to sway its philosophical bent. Voters deserve better."
According to a report in Capitol Fax, the creation of new subcircuits would give minority communities "a better opportunity to elect candidates of their choice and influence elections. These new subcircuits will help improve the diversity of opinion and background of judges, while giving everyone a voice in electing a bench of judges they feel best represent their communities."
And, as of 9 p.m. Tuesday, the proposed legislation was not filed or made public on the General Assembly's website. The House and Senate Redistricting committees also had not posted notice of hearing, but hearing is expected in either Redistricting or Executive committees sometime after 11 a.m. on Wednesday. Votes are also expected in both chambers Wednesday.
At present, the Third Judicial Circuit includes nine elected circuit judges; eight are elected in Madison, and of those, three are resident circuit judges - meaning they are elected by Madison only voters. The other "at-large" circuit judges are elected by voters in Madison and Bond counties.
The political balance of elected judges in the Third Judicial Circuit is 5-4 Democrat to Republican. In 2014, Madison County voters elected the first Republican circuit judge in decades (John Barberis), and the electorate has trended Republican since then.
The Third Judicial Circuit also has 13 appointed associate judges. The newest, Judge Andy Carruthers, is the only Republican among them.
The entire associate bench is appointed (or re-appointed or not re-appointed) every four years by a vote of the elected circuit judges. The next cycle is May 2023.
Before Carruthers' appointment, prompted by the retirement of Judge Clarence Harrison, Stephen Stobbs was one of two Republicans on the associate bench. Republican Jim Hackett served as associate judge between 1995 and 2013. Hackett was appointed circuit judge in June 2013. Stobbs was appointed associate judge in 2006, and elected circuit judge in 2020.
Other circuits the state legislature plans on adding subcircuits to include the 7th, 17th and 18th.
According to Capitol Fax, the public may offer feedback via email to redistrictingcommittee@hds.ilga.gov and redistrictingcommittee@senatedem.ilga.gov.