State's Attorney Tom Haine is asking the IIlinois Supreme Court to overturn a controversial redistricting law that carved Madison County into three judicial subcircuits.
Whether or not the case is accepted or even heard in an expedited manner, Haine said, "We're putting our best foot forward. It's an important issue... that needs clarity."
On Tuesday, Haine filed a petition that asks the high court to review the Fourth District Appellate Court's February ruling which in effect allows the judicial redistricting act to stand.
Haine is joined in the petition by pro se plaintiff Christina Wiley of Bethalto, Circuit Judges Christopher Threlkeld and Amy Sholar, represented by attorney James Craney, and Senate Minority Leader Dan McConchie, represented by Phillip A. Luetkehans.
“Prior to the passage of this subcircuit law, all residents of Madison County could vote for their circuit judges,” Haine said. “Now, the boundaries have been gerrymandered in such a way that only a fraction of the residents of Madison County will have the right to vote on circuit judges, even though they will still have power to decide cases for all county residents. We think that concept is fundamentally unfair and a violation of our Constitution.
“Also, the political chicanery in the passage of this law was obvious."
The law passed in the Democratically controlled state legislature late at night without public debate in early January. It forced Republican Judges Threlkeld and Sholar to move from their homes to be eligible to run for the vacancies they were appointed to by the Supreme Court, and which they had announced they would seek last year.
After the bill was signed into law, a bipartisan majority of Madison County Board members asked Haine to pursue legal action.
"We are hopeful that the Supreme Court recognizes the grave consequences of the legislature’s overreach and grants our request to bring these Constitutional concerns before it for final adjudication,” Haine said.
In his petition, he argues that if the subcircuit law is allowed to stand there will be no end to the political manipulation of the judiciary throughout the state.
"Simply put, the (Redistricting) Act allows the General Assembly to gerrymander subcircuits to benefit a particular political party," his petition states. "The Fourth District Appellate Courts interpretation of Article VI, section 7(a) of the Illinois Constitution amounts to a grant of unlimited authority to the General Assembly to gerrymader subcircuits throught the State as it sees fit."
While Haine's effort may be a longshot, he said he was willing to "carry the water" for the rest of the state.
Prior to the Fourth District Appellate Court ruling, no Illinois court had addressed whether the General Assembly can eliminate all at-large judgeships in a judicial circuit, Haine argues.