Trial Lawyers Still Control Courts In Madison

What the plaintiff's lawyers are doing in Madison County is perfectly legal: if they don't like the judge their case is assigned to, they can request a change. Every plaintiff and every defendant gets one opportunity to make that kind of a change.

But what has been happening in Madison County recently points out the need for voters in that county to take their own perfectly legal step and get rid of some of the judges. The stately white Courthouse in Edwardsville needs a thorough housecleaning.

What has been happening lately was reported in two local newspapers this past week, the Madison County Record and the Belleville News-Democrat. The ICJL's Daily News Update carried both reports.

This is what's happening:

Plaintiffs' attorneys are asking for a substitute judge for cases that are assigned to Judge Don Weber, the newest member of the Madison County bench. Weber was appointed to the bench by the Illinois Supreme Court on the recommendation of Justice Lloyd Karmeier. Filling vacancies on the lower courts is one of the responsbilities of Supreme Court justices. They make a recommendation to the full Court and it routinely is approved, regardless of political party.

In this case, Weber is a Republican and he plans to seek election to a full term in the seat he now holds. The seat was vacated by former Judge Phillip Kardis who retired following Karmeier's election and said something to the effect that "times are changing."

The trial lawyers who seem to have been running the court system in Madison County for years are not happy to have Weber on the court so they are moving "their" cases elsewhere.

According to the Record:

"All the stars of the plaintiff's bar - the Lakin Law Firm, SimmonsCooper, Stephen Tillery and Rex Carr -- have joined the substitution blitz, along with the less famous."

The reason is obvious: they have had a congenial -- and profitable -- relationship with certain judges in Madison County and they do not want to risk a case before Weber -- a risk that Weber might not interpret the facts of the case and the law in quite the same way the other judges would -- the same judges who have earned Madison County's judicial system such glowing accolades in recent years.

The "stars" of the plaintiff's bar, as described above, are hoping they only have to wait until next December to have a new judge sworn in and take over the chambers now occupied by Judge Weber. They're betting that Weber's replacement will be local plaintiff's attorney David Hylla, the Democrat's candidate against Weber in the November election. You can learn more about Hylla by following this link but this statement from his law office website gives a hint. It's the first sentence on the website:

Bilbrey & Hylla, P.C., is dedicated to representing those who have been affected by diseases and inuries caused by corporate misconduct.

But Madison County voters will be the ones to make the choice in November -- just as they made the choice in the Illinois Supreme Court race in November of 2004, and just as they helped show a former Appellate Judge the door in his retention effort.

In fact, this could very well be the year Madison County voters show the judges that the voters control the Courthouse, not the politicians or lawyers or judges, and perhaps a few judges who are seeking retention to another six year term might begin to feel some heat. There are three who will be on the retention ballot in November. They'll need 60% of the voters to give them a "yes" vote to keep them in office for another six years.

It's too early to say if any of the three should be retained or not but they have to be thinking about the continuing bad publicity generated by Madison County trial lawyers and their cozy relationship with the courts -- and how they really don't like it when that relationship is disturbed.

The trial lawyers are likely to be the judges' worst nightmare, just as they were for their friend, the FORMER appellate judge.