Capitol Fax.com - Your Illinois News Radar » A new twist
SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
A new twist

Tuesday, Dec 15, 2015

* When it comes to gaming the electoral system, nobody does it “better” than judges

A hearing officer for the Illinois State Board of Elections on Monday laid out the procedure for how he will review challenges to the candidacies of three St. Clair County judges.

The three circuit judges — John Baricevic, Robert Haida and Robert LeChien — have filed paperwork to retire in December 2016, but also are seeking to run as candidates in the November 2016 regular election. Normally, circuit judges are up for a retention vote every six years, where they’re required to get “yes” votes from at least 60 percent of voters. By running as candidates in a regular election, the three would need to receive only a simple majority of votes over any challenger. […]

After Monday’s conference, Cook said the tactic being employed by the three judges should be prohibited, because it will lead to other judges doing the same.

“The whole retention process will be avoided,” Cook said.

Sigh.

- Posted by Rich Miller        

21 Comments
  1. - Anon - Tuesday, Dec 15, 15 @ 10:57 am:

    I bet they think they’re clever.


  2. - The Captain - Tuesday, Dec 15, 15 @ 11:01 am:

    I may be in the minority but I favor this move. We have two standards for electing judges, one where they need 60% who favor their retention and a different one where they just need to be the leading vote getter in the race. However well intentioned that double standard is it still creates an unequal methodology for deciding who should or shouldn’t be on the bench. It’s a little uncomfortable that these three judges are acting in their own self interest but I tend to think that if I was in their shoes I’d probably consider the same. Their actions will probably lead to some change in the election law and I simply hope that we settle on one consistent standard for how we elect and retain judges.


  3. - Streator Curmudgeon - Tuesday, Dec 15, 15 @ 11:05 am:

    If they’re “retiring” then being elected as “new” judges, does that mean they will lose all seniority/experience pay increases, or is every judge in Illinois paid the same, regardless of years on the bench?


  4. - Mama - Tuesday, Dec 15, 15 @ 11:09 am:

    “Normally, circuit judges are up for a retention vote every six years, where they’re required to get “yes” votes from at least 60 percent of voters.”
    Are judges the only candidate which needs 60% of the votes? If yes, it is not right that they need a higher percentage of the votes than the governor’s office.


  5. - Just Observing - Tuesday, Dec 15, 15 @ 11:10 am:

    I’m not sure I entirely understand the “scheme” here. Hardly anyone loses retention — isn’t it much harder to run a campaign against other candidates than the yes/no retention process??

    What am i missing here?


  6. - Mama - Tuesday, Dec 15, 15 @ 11:14 am:

    “After Monday’s conference, Cook said the tactic being employed by the three judges should be prohibited, because it will lead to other judges doing the same.”
    The point is all judges should be treated equally.


  7. - Bigtwich - Tuesday, Dec 15, 15 @ 11:18 am:

    “Are judges the only candidate which needs 60% of the votes?”

    When they run for retention there are no opponents, just their name and the question shall they be retained.


  8. - buffalo bill - Tuesday, Dec 15, 15 @ 11:21 am:

    Baricevic knows his prospects are poor based on his last time on the ballot …

    The lowest recorded retention percentage - other than Maag in 2004 - came in 2010, when St. Clair County Chief Judge Baricevic was retained by a margin of 62.49 percent (65,252 votes).

    http://madisonrecord.com/stories/510556986-burden-for-retention-is-higher-than-initial-election-to-judgeship-but-odds-favor-incumbents-in-southern-illinois


  9. - Judge Cooked - Tuesday, Dec 15, 15 @ 11:25 am:

    Captain: Your assessment (and others in the media coverage) is basically correct, as they are saying there’s a 60% vs 50% +1 standard. But, with the crazy system of not allowing party-slating for judicial races (which I think is a case law-created phenomenon), judges can effectively reduce the 60% retention standard to getting elected by just their own vote (through lack of competition). Granted, it requires inepitude by the local opposition party, but that is not impossible and maybe probable in some of these highly partisan places like St. Clair County. I know a lawyer who was once almost bankrupted after opposing a politically popular judge. He was basically almost blacklisted by the legal community.

    So, the prevailing wisdom is that the 2 systems were by constitutional design. But, in practice, it could easily become a “file for 50+1,” but then “pray no one files and you automatically get retained.” That was certainly not the constitutional framers’ design on the system.

    By the way, if these 3 get kicked off, the GOP challengers would only face independent or third-party competition (likely). Maybe clarifying that party-slating should be allowed in judicial contests is the solution if the 2-system arrangement is legal?


  10. - illini - Tuesday, Dec 15, 15 @ 11:27 am:

    Southern Illinois and St. Clair politics at its best! Or should I say normal.

    And the rest of the commenters are always critical of what happens North of I-80.

    This is metro-east politics. Those of us who live in the area should not be, and are not, at all surprised.


  11. - Anonymous - Tuesday, Dec 15, 15 @ 11:28 am:

    Just Observing:

    The “scheme” is that if no one files against them, or if they knock off the opponent’s petitions, there is no party-slating for judicial races. So, there is great likelihood that they run unopposed and automatically win.


  12. - Dudeman - Tuesday, Dec 15, 15 @ 11:30 am:

    Damn lawyers. This tactic alone should be reason to not retain them. But I generally vote not to retain all judges.


  13. - Anonymous - Tuesday, Dec 15, 15 @ 11:32 am:

    Removing the ban on party-slating of judicial contests would need to happen if there is going to be an “alternate system” of retaining judges. If these the judicial election system is not going to held to a higher standard, then these contests should not be any different than other electoral contests.


  14. - buffalo bill - Tuesday, Dec 15, 15 @ 11:35 am:

    The apple does not fall far from the tree

    http://www.bnd.com/news/local/article27863773.html


  15. - Anonymous - Tuesday, Dec 15, 15 @ 11:36 am:

    And, in this particular case, two of them intentionally ran for the other’s seat. So, Candidate A is running for the B Vacancy and Candidate B is running for the A Vacancy, proving they knew they would be challenged for running for their “own” vacancy. This is all politics and self-preservation. And, it’s not as if the St. Clair County courthouse has been in the news lately.


  16. - Stones - Tuesday, Dec 15, 15 @ 11:42 am:

    I believe if they start in tier I, retire and then are reelected they remain tier I unless I am mistaken.


  17. - Blago's Luxurious Grey Mane - Tuesday, Dec 15, 15 @ 11:48 am:

    The St. Clair County Dem machine is expert at survival. The place is a cesspool when it comes to ethics.


  18. - Joe cannon - Tuesday, Dec 15, 15 @ 11:55 am:

    Stones is correct


  19. - CrookCounty60827 - Tuesday, Dec 15, 15 @ 12:20 pm:

    So the lawyers wrote laws, and the judges interpreted them accordingly. Rather hard to become morally outraged over a completely legal act that deprives no one of their vote.


  20. - Agricola - Tuesday, Dec 15, 15 @ 1:19 pm:

    Hmm, judges who read the law and know how to interpret it. We’ll have none of that!!


  21. - downstater - Tuesday, Dec 15, 15 @ 2:19 pm:

    ==I’m not sure I entirely understand the “scheme” here. Hardly anyone loses retention — isn’t it much harder to run a campaign against other candidates than the yes/no retention process??

    What am i missing here?==

    What you’re missing is that it’s St. Clair County. Where the corrupt system in place by the Democrat machine allows them to easily get 51% (thanks in most part to the East St. Louis Election Commission, which is independent of the St. Clair County election authority), but much more difficult to get 60% for retention.


Sorry, comments for this post are now closed.


* SUBSCRIBERS ONLY - Tonight's edition of Capitol Fax (use all CAPS in password)
* Reader comments closed for the holiday weekend
* Sen. Connelly concedes
* Question of the day
* GOMB: State needs another $3+ billion a year to stay even
* Raoul announces transition committee
* *** UPDATED x1 *** The Democrats' vote-by-mail juggernaut
* Why the Firearms Restraining Order Act is so important
* Pension benefits are not cut in the abstract
* The way forward
* Yes, something can be done
* Monday's heroes
* *** LIVE COVERAGE ***
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............

...............
<


Loading


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0
WordPress




Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller