Highland News Leader

Runoff election needed to replace ousted judges in Madison County

A runoff election will determine who takes the bench in Madison County, as more than 40 people vied to replace the five judges who were removed a few months ago.

None of the applicants for the five vacant associate judgeships received a sufficient majority of votes to be confirmed. But 11 of the applicants have received enough votes to advance to a runoff election.

Five associate judges in Madison County lost their seats when they failed to receive 60 percent of the retention votes cast by the circuit judges in June. Judges Duane Bailey, Ben Beyers, Donald Flack, David Grounds and Elizabeth Levy all applied to be reinstated, along with dozens of others who put in their applications for the bench. The circuit judges received their ballots two weeks ago, along with biographies of the 46 candidates.

However, none of the candidates received a sufficient majority to be confirmed. Thus, a runoff election will be held with the top 11 candidates, and the circuit judges again will have to choose, this time from a shorter list.

In Madison County’s 3rd Judicial Circuit, there are nine circuit judges who are elected by the general public, and 13 associate judges who are elected by the circuit judges. Associate judges need a 60 percent vote to be retained, but only a majority to be placed on the bench.

Beyers, Flack and Levy each made the short list to be reinstated. The other candidates who made the short list are: Christopher J.T. Bauer, Timothy Berkley, Rodney Caffey, Jennifer Hightower, Allyson Romani, Maureen Schuette, Luther Simmons and Sarah D. Smith.

Circuit judges are elected every six years, and vote on appointment and retention of the associate judges every four years. According to Rule 39 of Illinois Supreme Court rules, associate judges must be licensed attorneys, U.S. citizens and residents of the area included in the judicial circuit. The circuit judges each voted for five candidates. A simple majority determines who receives the judgeship, but with so many applicants, it’s possible that no candidate receives a majority. According to the rules, then, a runoff ballot is created.

Statewide, only eight associate judges were not retained this year, while 376 were retained.

Contact reporter Elizabeth Donald at edonald@bnd.com or 618-239-2507.

This story was originally published August 11, 2015 at 7:31 AM with the headline "Runoff election needed to replace ousted judges in Madison County."

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