JUDGE MAAG'S LAWSUIT DISMISSED . . . Back in December, I wrote about Judge Gordon Maag's lawsuit over an allegedly defamatory election flyer that was mailed to voters before the November elections, when Maag was running for justice of the Illinois Supreme Court. I wrote that "whether or not you agree with Judge Maag's decision to sue, it's not hard to see why he was upset about the flier: it's false from start to finish, and makes Maag out to be complete scum--a monster, in fact."

Today comes word that Judge Maag's lawsuit was dismissed. According to the account in the St. Louis Post-Dispatch by Paul Hampel, Circuit Judge Patrick Kelley of Sangamon County ruled the flyer was not defamatory per se.

“The Flyer is clearly capable of innocent construction in that it does not malign Plaintiff personally, but instead appears to be careful to criticize only his (Maag’s) decisions and record while in office,” wrote Kelly, a Republican. . . .

Kelly stated in his order that he “sympathized with Plaintiff’s displeasure with the Flyer. It harshly criticizes a number of Plaintiff’s rulings in a crass and unreasonable manner. No judge in the State of Illinois could look at the Flyer and not find it appalling.

“But the issue here is not whether materials such as the Flyer are appropriate in judicial campaigns. That, perhaps, is for others to decide.”

I suspect an appeal is in the works.