Rejecting bitter personal attacks and unprecedented TV campaigning, voters signaled Tuesday that big spending does not guarantee a candidate a party nomination to the Illinois Supreme Court.
Just as Illinois voters turned away from millionaire lawyer Al Hofeld in 1992 when he spent $5 million of his own money in a bid for the U.S. Senate, on Tuesday they dealt a stunning rejection to free-spending Democratic Supreme Court candidate Morton Zwick.
Thomas Fitzgerald, the presiding judge of Cook County Criminal Court, breezed to a comfortable victory in a four-way race for the Democratic nomination for the high court seat being vacated by retiring Justice Michael Bilandic. Zwick, who spent more than $1 million in a campaign that featured slashing attack ads against Fitzgerald, was trailing all the candidates, including one who spent only $10,000.
In a hotly contested race for a suburban seat on the high court, Republican Appellate Judge Bob Thomas appeared headed for victory over the candidate endorsed by GOP leaders, S. Louis “Lou” Rathje, who was appointed to fill a vacancy on the high court 15 months ago.
Rathje and another candidate in the race, DuPage Circuit Judge Bonnie Wheaton, each spent more than $1 million, much of it their own money, while Thomas spent only about $600,000.
Thomas, a former placekicker for the Chicago Bears, will face Democrat Larry Drury in November. But in the heavily Republican district, he is widely expected to be elected in November.
Though he was outspent, Thomas raised eyebrows late in the campaign by sending out a flier to 13,000 homes in the collar counties proclaiming himself the only “pro-life” candidate in the race. Critics complained that was a violation of a Supreme Court rule barring judicial candidates from telegraphing their views on hot-button issues that could appear before the courts.
“We expected to win,” Thomas said Tuesday. “I am just thrilled that the voters of the 2nd District have put their trust in me.”
Boosted by a stellar reputation, heavy-hitting endorsements and the might of the Cook County Democratic organization, Fitzgerald was easily able to defeat his three opponents.
Since Republicans fielded no candidate for the vacant seat, Fitzgerald’s primary win is tantamount to election.
Zwick congratulated Fitzgerald late Tuesday in a concession statement that made no apologies for a tough-talking campaign that implied Fitzgerald was responsible for several overturned death-penalty convictions.
“I am proud of the issues we raised in the course of this campaign,” he said in a statement. “I will continue to do my best to improve the Illinois court system.”
In the 2nd District race, an area that covers 13 northern Illinois Counties, including DuPage, Kane, McHenry and Lake, the campaign was also marked by attack ads and nearly $3 million in spending.
In a Downstate Supreme Court race, state Sen. Carl Hawkinson (R-Galesburg) was leading William Holdridge to win the Republican primary in the 3rd Judicial District, which covers 21 counties in north and central Illinois.
Hawkinson will face Democrat Tom Kilbride of Rock Island in November to fill the seat of controversial Justice James Heiple, who did not seek retention.
The Supreme Court races in Chicago and the collar counties were characterized by an unusual amount of judicial mudslinging and big spending.
Typically, races for the Supreme Court are low-key, polite affairs, generating little controversy or voter interest.
In Chicago, Fitzgerald ran against Christine P. Curran, 45, who hoped to draw votes as a woman with an Irish name; Illinois Appellate Judge William Cousins Jr., a 1951 Harvard Law School graduate praised by bar groups; and Illinois Appellate Judge Morton Zwick.
“Money won’t buy an election,” said Cousins on Tuesday night, reflecting on the failure of Zwick’s campaign.
Zwick, a former pork-bellies trader, led spending in his race, having raised about $1.1 million, including $130,000 in contributions and loans from himself.
Fitzgerald raised more than $800,000, Cousins more than $200,000 and Curran less than $10,000.
Zwick’s attack ads against Fitzgerald were blasted by two bar associations as a violation of Supreme Court rules, which prohibit disingenuous campaign tactics.
Zwick stood by the ads, saying Fitzgerald could not both take credit for improvements in the Criminal Court system while ducking accountability for its failures.
In the suburban race, Thomas defended the anti-abortion mailer, arguing that the Supreme Court rules permit a candidate to express his personal views provided the candidate does not commit to ruling in a certain way.
Rathje had the backing of Illinois Senate leader James “Pate” Philip (R-Wood dale) and a legion of Republican volunteers.
Rathje’s defeat marks the second time that a candidate backed by Philip was defeated in a Supreme Court race.
In 1993, Justice John Nickels defeated the late George W. Unverzagt, who had Philip’s backing.
