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October 8, 2014

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Ceremony Rededicates Renovated Illinois Supreme Court Building
From the Springfield State Journal-Register
Illinois Supreme Court justices and guests officially rededicated the newly renovated headquarters of the state’s judicial branch during a Tuesday evening ceremony.
The main chamber of the building was packed with Supreme Court justices, local, state and federal judges, state lawmakers and attorneys for the event honoring the renovation of the 106-year-old building at Second Street and Capitol Avenue across from the Capitol.
“For a year, the justices of the Illinois Supreme Court held their terms in Chicago. Last month, however, we returned to this building to hold our September term of court,” Chief Justice Rita Garman said. “I have to tell you, it was like coming home after a long trip to find our home even better than when we left.”
“All of us, the justices and the staff, are glad to be back home in Springfield where we belong,” she said.
Former Gov. James Thompson, who now serves as chairman of the Illinois Supreme Court Preservation Commission, said he was proud to see how great the building where he started his career more than a half-century ago looks following the $16 million renovation.
“This is an extraordinary occasion for me,” Thompson said. “This is where my legal career began 55 years ago.”
Thompson remembered when, as a young attorney, he would sneak away from arguing cases to eat cookies with a housekeeper in the justice’s chambers on the third floor, keeping an eye on the time so he wouldn’t get caught.
“There are other stories, but I don’t think I’ll tell them. I just mention it to show my reverence for this court which has stretched from that first case in the September term when I was 23 years old to this day, where we celebrate the restoration of the courthouse,” Thompson said. “It stands now as a refreshed symbol of all that is good about the justice system in Illinois.”
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October 9, 2014

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Drug Testing Is Central Theme In St. Clair County Judicial Race: Rudolf v. McGlynn
From the Madison County Record
When St. Clair County judge Michael Cook was arrested last year on heroin possession charges, the community was stunned.
Not just because he was addicted to drugs while serving as drug court judge, but also because it was learned that fellow judge Joe Christ’s death two months earlier was not really from natural causes as authorities indicated at the time. It was actually due to a cocaine overdose brought on by partying with Cook at Cook’s Pike County hunting lodge.
The public also found out that county probation officer James Fogarty was dealing and using drugs with Cook and Christ. They further learned that Christ, a long time felony prosecutor in the State’s Attorney’s office before his appointment as judge, arranged for the dismissal of a ticket issued to a drug dealer who supplied Cook, and Cook dismissed it even though it was not on his docket.
Cook quickly resigned in May 2013, a guilty plea followed, and now he serves a two year prison sentence at a minimum security federal prison camp in Pensacola, Fla.
But, in the 18 months since he was arrested, the Record has reported that an FBI agent in a sworn affidavit portrayed Cook as partner of heroin dealer Sean McGilvery rather than his customer, as their eventual guilty pleas would indicate. Rather than pursuing more serious charges against Cook, the federal prosecutor ultimately charged Cook with offenses based on a warrant for a home search involving a drug user owning weapons, instead of the FBI agent’s warrant for tracking drug dealing.
The newspaper also reported that genetic tests connected Cook more closely to a “one-hitter” cocaine device that was found on Christ’s body during autopsy, than it did to Christ.
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October 10, 2014

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Quinn-Rauner Debate: Each Casts Other As State's Worst Nightmare
From the Chicago Sun-Times
In their first live, televised debate, Republican Bruce Rauner and Gov. Pat Quinn on Thursday night clashed repeatedly as each insisted the other would take the state down a treacherous path.
Rauner warned that four more years of Quinn would mean businesses would leave the state and job losses would rise.
Meanwhile, Quinn warned that if Rauner is governor, he would bring on a so-called "Rauner tax" on basic services like garbage pickup, while the rich got richer.
The two broke little new ground in the 60-minute debate in Peoria, although each seemed to have taken some time honing responses to the bombs the other has been hurling for months in TV ads.
Off the bat, Quinn got off a zinger to neutralize Rauner’s recent efforts to put a term limits question on the ballot, pointing to his own history of attempting to do so.
“He’s a born again term limits advocate,” Quinn said of Rauner.
Rauner, meanwhile, cast himself as the outsider who wants to reform a crooked state. He painted Quinn as a corrupt politician, enmeshed in a culture of cronyism and waste. Just as he has in the ads against Quinn, Rauner made parallels between the incumbent governor and imprisoned former Gov. Rod Blagojevich. Rauner called House Speaker Mike Madigan, Blagojevich and Quinn the “trio of terrible government.”
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October 13, 2014

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Workers Comp Reform Hasn't Helped The Construction Industry
From Crain's Chicago Business
It's been three years since sweeping reforms to Illinois workers' compensation laws reduced the costs for treating injured employees. But those in the construction industry say they have yet to see meaningful reductions in premium costs. In fact, some firms still are watching their workers' compensation rates creep up—even as Gov. Pat Quinn touts a 19.3 percent drop in such costs statewide since 2011.
“Everybody agrees costs have come down, but nobody is reporting that premiums have gone down,” says David Menchetti, a partner in Chicago law firm Cullen Haskins Nicholson & Menchetti PC, who represents injured workers. “For the overwhelming majority of employers in the state of Illinois, premium is all that matters.”
“There are a lot of moving parts,” says Chris Irle, a managing director in the Chicago office of London-based Aon Risk Solutions, a commercial risk brokerage firm. “When (costs) come down, that doesn't necessarily translate into workers' compensation premium savings.” Mr. Irle says that for years, insurance companies were losing money on Illinois polices. In 2010, they paid out $1.21 for every $1 earned from a premium.
Insurance programs have become profitable, paying out 94 cents for every dollar earned in 2013.
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October 14, 2014

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Governor Debates Round 2: Are Voters Tired Of Sniping?
From the Chicago Daily Herald
Democratic Gov. Pat Quinn and Republican businessman Bruce Rauner meet for their second televised debate in Chicago tonight.
If last week's first round was an indicator, each candidate could work during the 6 p.m. debate on CBS 2 to persuade voters the other would be a nightmare governor.
Paired with a slew of negative ads from both sides, attacks in the debate will add to an already harsh campaign that could be turning voters off altogether.
A group of suburban residents interviewed at the Palatine Metra stop Monday didn't have kind words for either man.
"I understand you have to advertise your campaign, but the negative ads are just on so much," said Jacque Donahue of Palatine. "With all of this negative stuff, I don't like anyone anymore. It just makes me not want to vote."
Quinn has tried to highlight bankruptcies and lawsuits among the companies Rauner has invested in to try to sully the Winnetka Republican's reputation as a successful businessman. Rauner has pointed to allegations of political hiring under Quinn to try to tie the Democrat to former Gov. Rod Blagojevich.
Rauner says Quinn is bad for the economy because he wants to raise taxes. Quinn says Rauner has no budget plan and floats numbers that don't add up.
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October 15, 2014

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ISBA Releases Downstate Bar Surveys
From the Chicago Daily Law Bulletin
To replace one judge, choose another. That’s the message members of the Illinois State Bar Association in the Metro East area sent when they recommended 3rd Judicial Circuit Associate Judge Clarence W. Harrison II over attorney John B. Barberis Jr. for a Madison County circuit judgeship.
The two are vying for the position that opened up after former chief judge Ann Callis stepped down to run as a Democrat for Congress in the 13th District against incumbent U.S. Rep. Rodney Davis.
More than 93 percent of survey respondents said Harrison — an associate judge since 1999 — “meets acceptable requirements for the office,” while a little less than 24 percent said the same for Barberis, who is based in St. Jacob.
Candidates who receive 65 percent or more “yes” answers to that criterion are deemed “recommended.” Harrison said today that the positive rating is especially meaningful for him.
“As a judge, as you can imagine, we don’t get very much in the way of feedback — particularly positive feedback for those of us who sit in family court,” he said.
“So it’s particularly important to see that our peers and the people that are regularly appearing in front of us do appreciate the job we’re doing and do recognize how much time and effort is put in.”
Barberis runs his own firm, the Law Office of John B. Barberis Jr. He ran unsuccessfully for Madison County circuit clerk in 2012. He could not be reached for comment.
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October 16, 2014

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Screenings For Ebola To Start At O'Hare Today
From the Chicago Daily Herald
Fever screenings are set to begin at O'Hare International Airport on today.
Dr. Julie Morita, chief medical officer of Chicago's Department of Public Health, emphasized that there are no confirmed cases of Ebola in the Chicago area, but she told ABC 7 Chicago her agency has been working closely with area hospitals to make sure they're ready in case that happens.
Morita said O'Hare will implement procedures today to screen all passengers arriving from West Africa for fever.
The screenings are part of government plans to begin taking the temperatures of travelers from West Africa arriving at five U.S. airports as part of a stepped-up response to the Ebola epidemic. The additional layer of screening is underway at or planned for New York's JFK International and the international airports in Newark, Washington Dulles and Atlanta, in addition to O'Hare.
If someone is suspected of being ill at O'Hare, Morita told ABC 7, that passenger would likely be taken to Presence Resurrection Medical Center in Chicago, which already has an arrangement with O'Hare to screen passengers for other contagious diseases.
If an Ebola diagnosis is made, Morita told ABC 7, that patient could be treated in isolation at any number of Chicago hospitals, but she said no facility has been designated as the place where a patient would be treated.
"We're fortunate we have an abundance of high-quality health care facilities that have trained experts, so we're having conversations with many health care facilities," Morita told ABC 7.
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October 17, 2014

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Bar Groups Split On Two Cook Retention Candidates
From the Chicago Daily Law Bulletin
Two Cook County circuit judges have received negative retention ratings from several bar groups.
But other members of the Alliance of Bar Associations for Judicial Screening, along with the Suburban Bar Coalition, believe Circuit Judges Ann O’Donnell and Laura Marie Sullivan should be supported by voters.
O’Donnell, who presides over felony preliminary hearings at 5555 W. Grand Ave., received a thumbs-down from the Chicago Council of Lawyers, the only alliance member providing written summaries of its evaluations.
She was the lone judge among 73 circuit or appellate judges up for retention Nov. 4 that received a negative rating from the council.
The council’s summary says many lawyers criticized O’Donnell’s judicial temperament “as being unduly flip, sarcastic and rude.”
The summary also says some lawyers criticized O’Donnell’s method within the past year of refusing to appoint an assistant public defender to a number of indigent defendants. Instead, she believed family members should have paid for a private lawyer.
In addition to the council, the alliance also consists of the Asian American Bar Association, the Black Women Lawyers’ Association of Greater Chicago, Cook County Bar Association, Decalogue Society of Lawyers, Hellenic Bar Association of Lawyers, Hispanic Lawyers Association of Illinois, Illinois State Bar Association, Lesbian and Gay Bar Association of Chicago, the Puerto Rican Bar Association of Illinois and the Women’s Bar Association of Illinois.
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October 20, 2014

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Tribune Endorsements: Cook County Judicial Races
From the Chicago Tribune
Voters in Cook County will find the usual sea of judicial candidates on the ballot in the Nov. 4 election. Here's the maddening thing: You'll find more than 80 candidates seeking election or retention, but you'll have few chances to affect the outcome.
The Republican Party didn't bother to put up candidates in the countywide elections, so the Democrats are guaranteed to win.
And the 72 judges seeking retention? Judges almost never lose a retention vote because the Democratic Party supports them, good record or bad. This year, the two major bar organizations didn't agree on any judge that should be removed, so those 72 judges have an extra layer of protection.
Does this signal that Cook County's court system has a blue-ribbon bench? No, the court system has some deep-seated problems.
Last year, the Illinois Supreme Court sent a review team to figure out how to unjam the backlog of inmates awaiting trial, sometimes for years. We're still waiting for Chief Judge Timothy Evans to act on its recommendations. Cook County Board President Toni Preckwinkle has been sharply critical of the operation of the court system.
Anyone who deals regularly with the civil side will tell you it's a long, expensive haul, too.
The Chicago Bar Association, the Chicago Council of Lawyers and other bar groups perform a valuable public service by screening and rating judicial candidates. The Tribune relies on their work and our own research, which includes discussions with judges and lawyers who know these candidates.
The evaluations are a voter's best guide to the long list of unfamiliar names at the bottom of the ballot. But this year's results are unusual.
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October 21, 2014

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‘Shadow’ Group Is Funding Karmeier Attack, Campaign Says
From the Madison County Record
More than a half million dollars has been spent to undermine the retention of Illinois Supreme Court Justice Lloyd Karmeier.
According to a release from Karmeier’s campaign committee, a “shadow” organization – “Campaign for 2016? – has spent $507,000 in an “11th hour” attack on Karmeier in the St. Louis and Paducah, Cape Girardeau and southern Illinois media markets.
The group is not registered with the Illinois State Board of Elections or the Federal Elections Commission, as of Monday morning.
“We do not know anything about Campaign for 2016,” said Karmeier campaign manager Ron Deedrick. “This is a complete shadow organization, because their leadership and funding sources are unknown. These factors should trouble the voting public of the southern 37 counties in Illinois.”
Deedrick said the group should show who is behind the effort “and make their true motives known to the voting public and media.”
Karmeier has so far raised $121,100 in individual campaign contributions.
Deedrick said that plans are under way to step up fund-raising in order to buy TV time. He said that print and radio advertising have already been scheduled. Other voter outreach efforts, such as robo-calls and endorsements, are planned.
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October 22, 2014

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Luechtefeld: Plaintiff Attorneys Trying To Cash In By Getting Karmeier Off High Court
From the Belleville News-Democrat
State Sen. Dave Luechtefeld says a handful of lawyers hoping to score a big payday are behind a last-minute campaign to get his longtime friend, Justice Lloyd Karmeier, voted off the Illinois Supreme Court.
Karmeier, an Okawville Republican who was first elected to the Supreme Court in 2004, is up for retention on the November ballot. A justice needs at least 60 percent "yes" votes in order to be retained. Voters in Illinois' 37 southernmost counties will vote on his retention.
Luechtefeld, an Okawville Republican who went to high school with Karmeier, said the campaign to unseat the judge is spearheaded by plaintiff attorneys who stand to gain if they win favorable Supreme Court rulings in two class-action lawsuits -- one against State Farm Insurance and one against cigarette maker Philip Morris.
"For these attorneys, it's just like putting money in the stock market. It's an investment," Luechtefeld said.
Television commercials critical of Karmeier began airing in the past day or so. A campaign committee, called Campaign for 2016, is conducting the anti-Karmeier effort.
Records show the committee's largest donation so far is $300,000 given last week by George Zelcs, an attorney for the Korein Tillery LLC law firm in St. Louis who was involved in the Philip Morris case. Christine Moody, another attorney at Korein Tillery, donated $200,000 on Tuesday.
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October 23, 2014

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Clifford Firm Contributes $150K To Unseat Justice On Same Day He’s In Court Saying Campaign Money Corrupted Supreme Court
From the Madison County Record
On the day Chicago lawyer Robert Clifford’s firm spent $150,000 opposing the retention of Illinois Supreme Court Justice Lloyd Karmeier, Clifford appeared in federal court on behalf of clients who claim campaign money corrupted the Supreme Court.
The Illinois election board posted Clifford’s contribution to “Campaign for 2016” on Oct. 21, during a hearing in an $8 billion suit he leads against State Farm.
Clifford and others allege that in 2004, State Farm secretly provided $4 million to Karmeier through third parties in order to overturn a $1 billion judgment against the insurer.
At the hearing, he told Magistrate Judge Stephen Williams that he plans to depose Karmeier after the Nov. 4 election.
Clifford’s contribution to Campaign for 2016 serves as a vivid reminder that plaintiff lawyers raised millions for Karmeier’s opponent, Gordon Maag.
Campaign for 2016 spent $571,000 last weekend, for television spots that accuse Karmeier of selling justice. The committee spent another $169,056 for a brochure.
Most of the money came from associates of St. Louis lawyer Stephen Tillery, whose $10 billion judgment against Philip Morris awaits review at the Illinois Supreme Court.
The group’s name fits because if voters don’t retain Karmeier, they will choose a replacement in two years.
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October 24, 2014

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Illinois Ballot Machine Changes Votes From Republican to Democrat
From Town Hall
As liberals and Democrats continue to argue voter fraud doesn't exist, voting machines in Cook County Illinois are changing votes for Republican candidates to votes for Democrats.
Early Voting in Illinois got off to its typical start Monday, as votes being cast for Republican candidates were transformed into votes for Democrats.
Republican state representative candidate Jim Moynihan went to vote Monday at the Schaumburg Public Library.
“I tried to cast a vote for myself and instead it cast the vote for my opponent,” Moynihan said. “You could imagine my surprise as the same thing happened with a number of races when I tried to vote for a Republican and the machine registered a vote for a Democrat.”
So why is this happening? Officials are blaming the problem on a "calibration error" and promised changed votes weren't actually registered.
Cook County Clerk’s Office Deputy Communications Director Jim Scalzitti, told Illinois Watchdog, the machine was taken out of service and tested.
“This was a calibration error of the touch-screen on the machine,” Scalzitti said. “When Mr. Moynihan used the touch-screen, it improperly assigned his votes due to improper calibration.”
This machine error was visible, what about the changes these machines are making to votes cast for Republicans that aren't visible? How many registered voters have had their votes and participation in the process stolen as a result of "faulty" machines?
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October 27, 2014

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10 Years Later, Karmeier Fight Has Same Flavor
From the Chicago Daily Law Bulletin
For Illinois Supreme Court Justice Lloyd A. Karmeier, what’s past is prologue this election season.
Ten years after waging what was then the most costly state Supreme Court election in U.S. history, the southern Illinois Republican is fighting another expensive, nasty election battle in his retention campaign.
This time, his opponent isn’t a candidate. It’s a group of trial lawyers upset about his role in a pair of billion-dollar cases that have wound through the courts for years.
The group, Campaign for 2016, has so far raised about $1.3 million for its bid to unseat Karmeier, unleashing ads saying he took contributions from the defendants in the cases, Philip Morris USA and State Farm Insurance, and then overturned verdicts against them.
Clifford Law Offices; Power, Rogers & Smith P.C.; and attorneys at St. Louis-based Korein, Tillery LLC — which represents the plaintiffs in the Philip Morris case — have contributed to the group.
Both Chicago firms contributed $150,000 each. Two lawyers at the St. Louis firm gave a total of $700,000. South Carolina-based Richardson, Patrick, Westbrook & Brickman LLC has also donated $300,000 to the cause.
“Vote ‘no’ on Judge Karmeier,” one TV ad proclaims. “Our justice is not for sale.”
Karmeier addressed those accusations in a rare filing last month in which he rejected a recusal request from the Korein, Tillery lawyers in the Philip Morris case.
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October 28, 2014

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Tribune: A Vote Of Confidence For Supreme Court Justice Lloyd Karmeier
From the Chicago Tribune
Ten years ago, an election to fill a vacancy on the Illinois Supreme Court turned into a high-stakes proxy war between businesses and the lawyers who make a living suing them.
Democrat Gordon Maag, an appellate court judge who has since retired, and Republican Lloyd Karmeier, then a circuit court judge, spent a combined $9.3 million on the race. It was widely viewed as a referendum on abuses of the state's civil justice system, particularly in the plaintiff-friendly 5th Judicial District, which covers 37 Southern Illinois counties.
Trial lawyers broke out the checkbooks for Maag; business interests and tort-reform groups did the same for Karmeier. Karmeier won.
Now Karmeier is seeking voter approval to stay on the court, and plaintiffs' lawyers have thrown at least $1.3 million into a furious, late-breaking campaign to defeat him. The reason for their crusade: He joined other members of the Supreme Court in decisions that overturned a $10.1 billion judgment against cigarette-maker Philip Morris and a $1 billion judgment against State Farm.
The lawyers don't like the way the Supreme Court ruled. They want to buy themselves a different Supreme Court.
That is, a court that might rule differently in the Philip Morris and State Farm cases. Both of the cases are still alive. The Philip Morris case, a class-action suit accusing the tobacco company of falsely advertising its "light" cigarettes as less harmful than full-flavor brands, has found its way back to the Supreme Court.
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October 29, 2014

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Asbestos Trial Settings Are ‘Trigger’ For Overwhelming Madison Docket
From the Madison County Record
That 90 percent of asbestos cases in Madison County are filed for out of state residents is not the only problem facing a docket that has doubled over the last three years.
Defense attorneys say that one of the most critical ways to shrink what has become a national asbestos docket would be to reduce the number of cases set for trial during each trial week.
“If we could just get some relief with the trial slots that would help with the jurisdiction” said Lisa LaConte, defense attorney with Heyl Royster in Edwardsville.
LaConte said that the availability of trial slots and the fact that forum non conveniens motions filed by defendants have been denied in Madison County work together to create an attractive place for plaintiffs.
“It doesn’t boil down to one issue,” she said. “All issues build on each other.”
Calling trial settings the “trigger,” LaConte said that as long as the local court maintains its current practice of setting sometimes 50 cases or more for trial on any given week, more lawsuits will be filed there. As more cases are filed and less cases are transferred to more appropriate jurisdictions, more trial slots are required to resolve the excessive number of case, creating a vicious cycle, she said.
“If you were not pushing so many cases through the trial process, it would make this a more equal jurisdiction,” LaConte said. “There would be no real incentive to bring them here, because there is no fast track to a trial date.”
Defense attorney Brian Huelsmann of HeplerBroom agreed, saying that when out of state cases remain in Madison County, a larger number of trial settings are created as a result.
“That is where it all stems,” he said. “If the cases are not getting dismissed on forum, they get trial settings.”
“That has been the issue for a long time,” he added.
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October 30, 2014

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Audit: Two-thirds Of Chicago's Elevators Uninspected
From the Associated Press
An audit by Chicago's inspector general has determined two-thirds of the city's elevators were not inspected last year.
The audit by Joe Ferguson examined the Chicago Department of Buildings, which is responsible for insuring the city's elevators are safe.
The audit released Wednesday indicates 62 percent of safety violations uncovered over the prior eight years went "unresolved."
Ferguson said regulatory experts have set the standard of annual inspections to ensure elevators are safe. He says the Building Department is not meeting their own standard. He says because of that, riders don't know how safe some elevators are.
Buildings Commissioner Felicia Davis says despite the lagging inspections, there is no risk to the public. She says when the department is made aware of an issue with an elevator it is addressed.
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October 31, 2014

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Anti-retention Group Stops Payment On Checks Sent To Democrat Committees After Karmeier Campaign Files Complaint
From the Madison County Record
The organization seeking to oust Justice Lloyd Karmeier from the Illinois Supreme Court has advised the Illinois State Board of Elections that it mistakenly made payments to county Democratic organizations, but stopped payment on checks before funds were ever deposited.
Campaign for 2016 chairman Barzin Emami notified the elections board in a letter dated Wednesday that a $5,000 check to the Williamson County Democratic Central Committee and a $3,000 check to the Franklin County Democratic Organization were incorrectly reported as expenditures on a disclosure report filed Monday.
Emami’s notification to the board came the same day that Karmeier’s campaign issued a release stating the contributions broke campaign finance laws that prohibit independent groups like Campaign for 2016 from contributing to local political party organizations.
Illinoisans for Karmeier campaign spokesperson Ron Deedrick said a formal complaint was filed against Campaign for 2016 on Wednesday.
“These laws aren’t set up to allow shadow organizations of out-of-state lawyers to steal Supreme Court seats,” Deedrick said.
Karmeier is seeking retention to a second 10-year term in a district that encompasses the state’s 37 southern-most counties. To be retained, Karmeier needs 60 percent voter approval.
Campaign for 2016, which has so far received $1.9 million in contributions from six attorneys or firms, has been running negative ads in the St. Louis, Cape Girardeau, Mo. and Paducah, Ky. markets. The advertising says that Karmeier voted to reverse judgments against State Farm and Philip Morris after the companies supported his campaign in 2004.
In 2005, Karmeier participated in decisions that overturned class action judgments of about $10 billion in Price v. Philip Morris, and about $1 billion in Avery v. State Farm.
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Big Money In Play In Southern Illinois Supreme Court Retention

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From the Chicago Tribune

One of the many downsides of an elected judiciary is that voters typically have little information about the candidates whose names appear on the ballot.

That’s because judges are supposed to be impartial — and apolitical. They’re supposed to make decisions based on the law, not to appease voters or campaign donors. So you don’t see judges stumping as pro-choice, for example, or brandishing their business-friendly credentials. Their campaigns stress experience, competence, integrity, fairness.

It’s a different story now in Southern Illinois, where voters are being bombarded by information — bad information — about state Supreme Court Justice Lloyd Karmeier, who’s seeking retention from the 5th Judicial District.

A committee calling itself Campaign for 2016 has spent $1.7 million on a furious last-minute effort to deny Karmeier a second 10-year term. The campaign, bankrolled by plaintiffs lawyers seeking big paydays from class-action lawsuits, has sponsored mailers and television ads accusing Karmeier of “letting corporations buy justice.”

Here’s what that’s about: In 2004, Republican Karmeier and Democrat Gordon Maag spent a record $9.3 million fighting for the open Supreme Court seat. Karmeier’s campaign was funded largely by business and tort reform groups; Maag got most of his money from trial lawyers.

After he won, Karmeier voted with the majority in decisions that overturned a $10.1 billion judgment against cigarette-maker Philip Morris and a $1 billion judgment against State Farm.

Lawyers working on the Philip Morris case have given $1.7 million to Campaign for 2016. And guess what? Their case is headed back to the Supreme Court. Clifford Law Offices of Chicago, representing plaintiffs in the State Farm case, which is now in federal court, has given $200,000.

Who’s trying to buy justice here? The plaintiffs’ lawyers, that’s who. They don’t like the way Karmeier and his colleagues interpreted the law in those cases. They want to buy themselves a Supreme Court that sees things their way.

The Washington-based Republican State Leadership Committee, which works to elect Republicans in down-ballot state races, has spent nearly $1 million to counter the attacks on Karmeier.

Illinois isn’t the only state where big money is being spent to shape the judiciary. In the final weeks before the election, independent groups have spent millions on Supreme Court elections in Michigan, Ohio, North Carolina and Montana, according to analysis by the Brennan Center for Justice and the nonpartisan Justice at Stake.

We urge voters in Southern Illinois to reject the trial lawyers’ self-serving pitch and vote “yes” to retain Karmeier.

The 2004 election that sent Karmeier to the Supreme Court was widely seen as a referendum on “jackpot justice.” The 5th Judicial District, and Madison County in particular, is a magnet for personal injury and product liability cases because the courts are notoriously plaintiff-friendly.

Madison County has earned a perennial spot on the American Tort Reform Association’s list of “judicial hellholes.” Neighboring St. Clair County makes frequent appearances on the list, as does Cook County.

The U.S. Chamber Institute for Legal Reform says Madison County is the sixth worst litigation venue in America — and Cook County is worst of all.

That’s bad for the state’s business climate — who wants to locate in a lawsuit-happy jurisdiction? — but good for the trial lawyers, which is why they’re fighting so hard to stay on that hellhole list.

The millions they’re spending to smear Karmeier are also meant as a shot — make that a missile — across the bow of other judicial candidates. It puts judges on notice that adverse rulings will subject them to a retaliatory attack at election time. It forces them to build campaign chests to defend themselves, something good judges find profoundly discomfiting.

“Justice is not for sale,” says the Campaign for 2016 television ad. And somewhere, a plaintiffs’ attorney is reaching for the checkbook.

November 3, 2014

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Voice Of The Southern: Retain Karmeier
From the Carbondale Southern Illinoisan
We’re so tired of negative campaign ads that we may actually be immune to them. We’re sick of the negativity; we’re sick of not knowing what to believe; but most of all we’re sick of candidates being able to hide behind the campaign laws that enable PACS to run the attack ads. We are tempted to think we’ve seen it all when it comes to dirty politics and equally dirty campaigns.
Enter “Campaign for 2016.”
What is “Campaign for 2016?” Essentially, it’s a shell that funnels several million dollars in “contributions” to buy last-minute smear advertising urging residents of Southern Illinois to oust Supreme Court Justice Lloyd Karmeier.
Why? According to Campaign for 2016 Chairman Barzin Emani of Chicago, it’s simply to educate the public. Emani, of Chicago, told the Belleville News-Democrat, “Lloyd Karmeier can’t hide from his record. He can be angry at us for bringing it up, and they can claim it’s a last-minute attack of whatever, but the voters deserve to see his record for themselves.” Have we told you that Emani is from Chicago?
And what exactly is Judge Karmeier’s record? It is precisely 10 years of distinguished service on the Illinois Supreme Court and a record of highly ethical decision-making.
Conversely, Campaign for 2016 is funded by plaintiff lawyers and law firms that have injected more than $1.3 million into the campaign against Karmeier
Read more in our daily News Update...
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