Metro East Sun

Madison County State’s Attorney Tom Haine says his office will consider all “appeal options” after a Sangamon County Circuit judge earlier this week dismissed his lawsuit against what he views as a hastily approved measure by the Democratic-controlled General Assembly that creates judicial subcircuits in politically targeted counties including Madison.

"This law is unprecedented and radical," Haine told the Madison-St. Clair Record. "Important fights are never easy and this issue needs to be fully decided on the merits."

Under the law, signed by Gov. J.B. Pritzker, a Democrat, on Jan. 7, residents of the newly created Third Subcircuit, which includes northern and rural parts of Madison County, get to vote for two judges, not three as in the other two new subcircuits. They also don’t get to vote until the seventh and eighth judicial vacancies occur, which could be many years. By that time, boundaries may change after the next U.S. Census in 2030.

The creation of the subcircuits put two Republican circuit judges, Chris Threlkeld and Amy Sholar, in a bind. Instead of seeking retention as resident judges of the Third Judicial Circuit's Madison County, the judges now are required to run in the heavily Democratic First Subcircuit, which runs along the Mississippi River. Both had to quickly change their residences so they could begin circulating nominating petitions for the November election.

The law was condemned by Madison County officials from both parties. The Madison County Board voted 21-2 on Jan. 13, with Democrats joining Republicans, to recommend that the state’s attorney explore all legal options to stop implementation of the law. Republican lawmakers say they were given little notice that the measure was coming up for a vote.

In a statement issued after the dismissal of the lawsuit, State Rep. Representative Amy Elik (R-Fosterburg) said “regardless of [the] ruling, right is right, and wrong is wrong.”

“The Democrats' scheme to elect more Democratic judges by taking away the ability of Madison County voters to elect a judge countywide is just plain wrong," Elik said. "The Democrat-controlled legislature continues to pass laws that give themselves a competitive advantage, in this case, they overstepped their boundaries.”