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Cates moves on in judicial race despite controversy

BY BECKY MALKOVICH, THE SOUTHERN

Wednesday, January 9, 2008 11:02 PM CST

BENTON - Recent controversy in the race for 5th District Appellate Court judge will only help her get out her message, candidate Judy Cates said Wednesday.

Cates, of Belleville, will face off on the Democratic primary ballot Feb. 5 with Appellate Judge James Wexstten, who was appointed last year to fill the vacancy created by the death of Judge Terrence Hopkins in October 2006.

Wexstten, of Mount Vernon, filed a complaint recently with the Illinois State Bar Association's Committee on Supreme and Appellate Court Election Campaign Tone and Conduct asking for a review of Cates' campaign materials.

Among the materials is an ad that ties Cates' opponent to "political power brokers." The ad also cites Cates as "The only candidate who believes that politics as usual and political influence have no place in judicial races or in the courtroom."

In his complaint, Wexstten wrote that the statement is "an outrageous attack on my character, suggesting that politics is allowed in courtrooms."

Although neither the ISBA nor Wexstten could be reached for comment, Cates said the association's committee has responded to the complaint.

"What they don't want to see is any more press on it," she said. "I can say that my campaign is going to proceed. It will not change. It will proceed just as it did before the complaint was filed. I can also say that I was disappointed. The individual making the complaint is a judge and one thing a judge is supposed to do is protect your right to due process, and that is fair notice and an opportunity to be heard. I get a call from a reporter and that was my notice."

Cates said she is also disappointed that the race has taken such a turn.

"To my knowledge I have never said anything about my opponent that would make him seem dishonest or criticize him. He has not taken that approach. On Dec, 29, before this complaint, he was quoted saying some not-so-nice things about me. Then when he was interviewed the day of this complaint he took the opportunity to say some additional things that were very untrue, very unkind, and had nothing to do with the campaign," she said.

Cates said news reports Wednesday afternoon that Wexstten's campaign fund had received a $50,000 boost from an Indiana corporation only furthered her resolve to get her message out.

"To me this is just politics as usual. That's what this is. You want to talk about some special interest groups? Indiana? I can't even believe it. I would never take a check that large," said Cates, whose largest donation was $2,500. "That is contrary to everything I have stood for in this campaign. Isn't that the message? Let's talk about this with the voters. That's why I'm running and that's why I think the message will get even louder as people learn it's politics as usual. It's time for a change."

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