Judge grants Madison County plaintiff TRO against new law creating judicial subcircuits
A Sangamon County Circuit judge granted a Madison County plaintiff a temporary restraining order late Monday against a law enacted earlier this month creating judicial subcircuits.
The four-page decision issued by Circuit Judge Ryan Cadagin Tuesday prevents Gov. JB Pritzker, the Illinois State Board of Elections, and the clerk of the Illinois Supreme Court “from taking any steps to enforce or institute the Judicial Circuits Districting Act of 2022.”
Madison County State's Attorney Thomas Haine filed for the injunctive relief Friday on behalf of a Madison County resident. Pritzker, the board of elections and supreme court clerk Cynthia A. Grant were among the defendants named in the lawsuit.
While that new law signed by Pritzker on Jan. 7 affects the 7th Judicial Circuit including Sangamon County, Madison County has elections for judges this fall.
The law divided the 3rd Judicial Circuit, which includes Madison and Bond counties, into four subcircuits.
Sangamon County will have two subcircuits, including one covering most of Springfield, as part of the 7th Judicial Circuit, but those elections aren't slated until 2024.
"We were very pleased with the opinion of the TRO, which is a big deal," Haine said Tuesday. "“This is not a partisan issue, it is a Constitutional issue.
"In the meantime, it's clear from the TRO, that the status quo is preserved. Our prior election laws are applicable in Madison County."
That means judges will be elected at-large instead of in subcircuits, Haine added.
"The plaintiffs," Cadagin's decision read, "have demonstrated they have a legally protectable interest as Madison County has an interest in ensuring a fair and error free election that has credible potential to be substantially hindered by the requirement to immediately implement (subcircuits)."
Cadagin added that "the potential for voter confusion, the potential for voter disenfranchisement, and the exclusion of candidates from the ballot could not be remedied absent entry of a temporary restraining order."
The filing in Springfield, Haine noted, came one day before circulation of election petitions started in Madison County.
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"I appreciated the thoroughness with which the court considered this issue," Haine said. "We had a long hearing on Monday afternoon, and we had many in-depth discussions about the issues the law presented. I think there was a lot of attention given to this very important issue, and it's what both sides wanted in this case, a light shone on these issues.
"We're going to continue to press forward with these arguments for the preliminary injunction in the coming days asking the court to continue this protection past Feb. 15.”
That is the day Cadagin set for the next court hearing.
Contact Steven Spearie: 217-622-1788, sspearie@sj-r.com, twitter.com/@StevenSpearie.
This article originally appeared on State Journal-Register: Madison County wins temporary restraining order against subcircuits
