DECATUR — As all sides anxiously await a judge’s decision in the legal fight over who should be Macon County Sheriff, mystery surrounds a new written entry in the court docket.
On Monday an entry was added that reads: “The Court entered the following docket entry: Written Order entered to be filed under seal as per written order entered on July 24, 2019. Letter from the Court to Counsel sent by email this date.”
John Fogarty, the lawyer representing Republican challenger Lt. Jim Root, said Thursday he’s not aware of receiving any notifications and isn’t sure what the entry is referring to. The mention of the July, 2019 date is, he said, a reference to the filing of an earlier recount report.
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The incumbent Sheriff Tony Brown, a Democrat, confirmed Thursday that he is unaware of any official new notice sent from the court.
The entry was discovered during a regular check of the court file and after the courthouse had closed for the day, preventing contact with Champaign County Circuit Court Judge Anna M. Benjamin seeking clarification.
The legal fight over the results of the 2018 sheriff’s race began before the dust from the close-fought contest had even settled. Brown had been declared the winner by just one vote — 19,655 to Root’s tally of 19,654.
A “discovery recount” of ballots followed in December 2018 to gather evidence to persuade a judge to order a full recount. Benjamin, brought in as an impartial jurist to handle the legal battle, then ordered a full hand recount in July 2020.
This time Brown re-emerged the winner with a margin of 18 votes, but the recount also revealed dozens and dozens of disputed ballots. And there were two uncounted ballots for Root that had previously been discovered in a ballot tabulating machine and then forgotten until after the 2018 count had been ratified.
Benjamin then presided over five court hearings that finished up in February as lawyers on both sides fought over issues ranging from what ballots should count to questions of whether there had been any election fraud.
Now, after both sides also submitted detailed closing written arguments, it's up to Judge Benjamin to make her decision as to who she believes is the rightful winner. But how much longer we will wait to hear that decision is yet another mystery.
Fogarty said the judge had a mass of evidence to weigh-up and decide. “Both sides put a lot of effort into their written closings and we presented the court with a lot of material, a lot of material,” he added.
The lawyer said the judge may call all sides together to give her decision, or to have specific new questions answered, or she might make up her mind and announce her decision in writing.
“No, there does not have to be a hearing,” Fogarty said.
PHOTOS: Jim Root, Tony Brown and the Macon County sheriff's race
Tony Brown gets a hug from Jim Root being sworn in as Macon County sheriff on Friday afternoon after a short ceremony at the Macon County Law Enforcement Center. The swearing-in takes effect at midnight, Sheriff Howard Buffett said. More photos at www.herald-review.com
Macon County Sheriff Howard Buffett receives a plague from Tony Brown, who was sworn Friday as the county's new sheriff during a ceremony at the Macon County Law Enforcement Center. Joining them is Jim Root, who is considering a court challenge of the election's outcome.
Macon County Sheriff's Lt. Jim Root, right, hugs Sheriff Tony Brown after Brown is sworn in on Friday. Root is seeking a discovery recount after election results showed Brown winning by one vote.
Jim Root, republican candidate for Macon County Sheriff, middle, speaks with attorney Jerry Stocks while observing the discovery recount for the Macon County Sheriff’s race at the Macon County Office Building Friday morning.
Jim Root, left, and Josh Tanner remove political signs on North Water Street in Decatur on Wednesday. Root, a lieutenant in the Macon County sheriff's office, was the GOP candidate for sheriff and Tanner ran as a Republican for clerk. They both received the most votes Tuesday.
JIM BOWLING, HERALD & REVIEW From left, campaign committee member Trevor May, Macon County Sheriff candidate Tony Brown and campaign manager Kendall Briscoe monitor voting results during the Macon County Democrats Election Day party at Doherty’s Pub and Pins Tuesday night. More photos at herald-review.com
Republican Jim Root finished Tuesday with 99 more votes than his Democratic opponent in the Macon County sheriff's race at the Macon County GOP office in Decatur.
Republican Jim Root finished Tuesday with 99 more votes than his Democratic opponent in the Macon County sheriff's race at the Macon County GOP office in Decatur.
Macon County Sheriff candidate Jim Root speaks with the new Macon County clerk Josh Tanner Tuesday at the Macon County GOP headquarters in Decatur. More photos at Herald-Review.com
Floyd Jenkins, left, greets Macon County Sheriff candidate Tony Brown at Doherty's Pub and Pins for an election party on Tuesday. Brown is asking for a recount in the race.
JIM BOWLING, HERALD & REVIEW Supporters of Macon County Sheriff candidate Tony Brown display signs on the corner of Franklin Street and Eldorado Street Tuesday.
Sheriff Howard Buffett takes a photo of Democrat Tony Brown and Republican Jim Root before the start of the Macon County Sheriff debate on Wednesday at the Decatur Public Library.
Democrat Tony Brown answers a question during a debate for Macon County sheriff candidates Wednesday. Brown stressed his experience and connection with the community in his remarks.
Republican Jim Root answers a question during a Herald & Review debate on Oct. 24 in Decatur. Root was elected Macon County sheriff.
Central Illinois Editor Chris Coates, center, moderates the debate between Democrat Tony Brown and Republican Jim Root on Wednesday at the Decatur Public Library.
Tony Brown, Democrat
JIM BOWLING, HERALD & REVIEW Macon County Sheriff candidate Tony Brown, middle right, celebrates with his fiancé Jaime West, middle left, campaign manager Kendall Briscoe, far right, and campaign member Trevor May as 97 percent of the sheriff primary votes are posted during a gathering at Doherty’s Pub and Pins Tuesday night. Online gallery at herald-review.com/gallery
Macon County Sheriff candidates Jon L. Butts, Jim Root, and Tony "Chubby" Brown — all lieutenants with the sheriff's office — address the crowd during the NAACP Decatur Branch's Candidates Forum on March 8 at Antioch Missionary Baptist Church Fellowship Hall.
