SPRINGFIELD - Sangamon County Associate Judge Esteban Sanchez has ruled for St. Clair County judges John Baricevic, Robert LeChien and Robert Haida, finding that the state constitution gives them the option to run for election.
Sanchez denied Belleville City Clerk Dallas Cook's petition for review of a Jan. 20 State Board of Elections deadlock vote that in effect allowed the judges' names to be placed on the March 15 Democratic primary ballot
"The voters of the 20th Judicial Circuit will ultimately have a choice on primary and Election Day," Sanchez wrote in an order entered Tuesday.
"They will decide if they approve of the Judges' past judicial record and their conduct by casting their votes for or against the Judges. The voters are not being denied the opportunity to exercise their rights to vote for these Judges."
Cook, a Republican who is running for St. Clair County Circuit Clerk in November, had argued that the state constitution establishes that the only process for a judge to retain office is through a non-partisan retention vote that requires 60 percent voter approval - not simple majority partisan re-election style.
In August, the three judges submitted letters of resignation to the Illinois Supreme Court, indicating that they intended to seek election to the seats they were vacating rather than to run for retention. In the meantime, they would remain in office while running for election as their resignations would not take effect until December, on the last day of their current terms.
"[A]s unsavory as the Judges maneuvers may seem to Petitioner, the fact that the Judges delayed their effective day of their resignation allowing them to remain as a sitting judge is irrelevant because they are eligible and not prohibited from filling the vacancies they created," Sanchez wrote.
The judges are represented by Michael Kasper of Chicago.
Cook is represented by Aaron Weishaar of St. Louis.