Members of the Madison County Judiciary Committee condemned a bill creating gerrymandered judicial subcircuits within the Third Judicial Circuit and the secrecy with which it was passed.
The Democratically-controlled legislature passed the bill on Jan. 5, which was signed by Gov. J.B. Pritzker on Jan. 7. It creates three judicial subcircuits in Madison County and one in Bond County for the Third Judicial Circuit. Subcircuits were also created for the 7th, 17th and 18th Judicial Circuits.
During the Judiciary Committee meeting on Jan. 7, Chairman Mike Walters said the issue is not Republican versus Democrat but is “an insult to everybody.”
Mudge
“This is a power grab. This is what’s wrong with politics,” he added. “When people go out and elect individuals and Springfield doesn’t like it, this is what they do.”
Walters asked Chief Judge William Mudge if he knew about the bill before it was passed. He said he did not know and was not consulted. He added that he learned about it “like everybody else” by reading the media coverage. He said there had been rumors that the legislature may be considering subcircuits during the summer veto session, but nothing happened. Then the bill was passed last week without any notice.
He explained that it was his understanding that a legislative liaison with the Administrative Office of the Illinois Courts was in contact with the legislature. He said the liaison speaks on behalf of the entire Illinois judiciary, not just Madison County.
“In the past, when we have individually reached out to the legislature, we’d been told by the Supreme Court, ‘Stand down, that’s our responsibility,’” Mudge said.
Walters said it is “appalling” that no one would contact the chief judge before establishing judicial subcircuits.
“Well that’s an absolute slap in the face to you,” he said.
Committee member Mike Babcock asked how the bill affects Circuit Judges Chris Threlkeld and Amy Sholar, both Republicans, who planned on running in the 2022 election for the seats they currently occupy.
Mudge called them “two fine judges,” and said they would have to move into Subcircuit One in order to run. Neither of them currently live in that subcircuit. Residency must be asserted before they may begin circulating petitions to run for the judicial vacancies, giving them about two weeks to move.
He added that he is also up for retention in 2022, but the subcircuit change wouldn’t affect him because he isn’t running for a vacancy. Threlkeld and Sholar were appointed circuit judges to fill the vacancies created by the retirement of judge Richard Tognarelli and judge David Dugan’s appointment to the U.S. District Court for the Southern District of Illinois.
“It’s egregious,” Babcock said. “It’s criminal.”
Babcock asked for a special board meeting so the full board could formally denounce the action. Walters agreed.
Committee member Jamie Goggin said the bill is the “worst thing” he has seen out of Springfield.
“It’s the way they substitute all the text in the bill and the public doesn’t have any opportunity to review it and ram it through in the middle of the night,” Goggin said.
“Shame on anyone who votes for this,” he added.
Local lawmakers Sen. Rachelle Crowe (D-Alton), Rep. Katie Stuart (D-Collinsville) and Rep. Jay Hoffman (D-Belleville) voted in favor of the bill.
“This is shameful what they’ve done,” Goggin said. “It’s just partisan hackery at its worst.”
Committee member Eric Foster asked Madison County Circuit Clerk Tom McRae if he or anyone in his office was consulted by anyone concerning subcircuits before the bill was passed.
McRae said neither he nor anyone in his office knew about the bill. He added that during the “so-called debate” on Jan. 5, legislators refused to say who they talked to about it.
“It is very frustrating to watch what is going on in Madison County and how well we work together,” Walters said. “And to see what they are doing up in Springfield. It’s just an abomination, it’s horrible.”
McRae said the legislature has gone “way too far” in creating judicial subcircuits without Madison County’s input or knowledge.
“Once we politicize the judiciary, what’s left?” he asked.
“It’s an overreach, it’s egregious, and I don’t think we should stand for it,” he added.
During the public comment portion of the Judiciary Committee meeting, Madison County Republican Deb Detmers explained that subcircuits are not a new concept, but they were implemented in Madison County without any public notice or input.
“This all happened in a very Springfield way with great partisanship, no cooperation with anyone outside of the legislature, only hours of notice and it passed when most of Madison County was in their pajamas,” Detmers said.
Detmers explained that traditionally, subcircuits elect judges in numerical order. However, the subcircuit plan passed for Madison County will allow Subcircuit One to vote for the first three judges, then Subcircuit Two will vote for the next three, leaving Subcircuit Three to vote for the last two judges.
She said that according to the current trend in judicial vacancies, “the good taxpayers of Subcircuit Three aren’t going to get an opportunity to vote for Madison County judges again until 2030.”
“That was intentional by the state legislature to stack the courts,” Detmers said.
Additionally, Detmers pointed out that while the other counties divided into subcircuits will see the measure implemented in 2024, Madison County’s subcircuits begin immediately in 2022.
She urged the Judiciary Committee to continue to pursue the issue.
“You can give the voters the public hearing that nobody had in Springfield,” Detmers said.