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New Supreme Court Districts May Mean Close Races

Illinois Supreme Court Justice Rita Garman listens to oral arguments in 2019 at Lewis and Clark Community College in Godfrey during a public event held to “raise the profile of the judicial branch.”

New Supreme Court districts enacted by the General Assembly in May will surely have an impact on the makeup of the Supreme Court beyond the 2022 election, but it isn’t clear yet how competitive the new districts will be and who may be coming or going from the current court.

Under the new map, Cook County will continue to have three of the seven seats on the court, and all three will likely continue to remain in Democratic hands for the foreseeable future.

Supreme Court Justice Rita Garman, who lives in Danville in the current 4th District, had her home moved into the 5th District, which is represented by Justice David Overstreet, who won his seat in 2020. Garman is up for retention in 2020 and, obviously, can’t serve in the same district Overstreet serves.

Garman, who is 77, could still seek retention in the 4th District, according to John Pastuovic of the Illinois Civil Justice League, a group referred to by some as “right-leaning,” which advocates for legal reform.

“My interpretation of the constitution is that she can seek retention in the 4th,” Pastuovic said.

He says it would likely mean if Garman wins retention in the new district (which runs from Springfield to Rockford and includes Bloomington-Normal, Peoria, and the Quad Cities) she has until the term starts to move into the district.

Appointed Justice Michael Burke, a Republican, who currently represents the 2nd District, had his home in DuPage County moved into the new 3rd District. He would have to seek a full term in the new 3rd, which includes DuPage, Will, Kankakee, and LaSalle Counties. Current Third District Justice Robert Carter, a Democrat, was appointed this year to replace former Justice Tom Kilbride, who lost a retention race last year. Carter lives in Ottawa.

Bruce Rauner beat Pat Quinn 60.7% to 39.3% in those counties in 2014. Rauner then proceeded to lose the same district 50.5% to 49.5% to JB Pritzker in 2018. Of course, 2014 was a Democratic President’s midterm election and 2018 was the midterm for a Republican President.

That potentially leaves only the new 2nd District without an incumbent. The new district will include Lake, McHenry, DeKalb, Kane, and Kendall counties. It is considered to be a potential toss-up district. Pritzker beat Rauner 50.4% to 49.6% in those counties in 2018, but Rauner defeated incumbent Democrat Pat Quinn 62%-38% in the same counties in 2014.

Patrick Pfingsten

@pfingsten1 patrick@theillinoize.com