In 1988, the Illinois General Assembly created two new judgeships on the Fifth District Appellate Court. Judge Wexstten now sits in the seat that traditionally has been held by a judge from Southern/Central Illinois to help have geographic balance on the Court.

Past judges elected to that position have been Judge Charles Jones of McLeansboro, Judge Robert Howerton of Marion and Judge Terry Hopkins of West Frankfort. With the overwhelming election of Judge Bruce Stewart of Harrisburg, Illinois in 2006, counties outside of the Metro-East finally had two elected judges on the Appellate Court for the first time ever. Upon the untimely death of Judge Hopkins in late 2006, one of Southern Illinois’ most experienced judges, Judge James Wexstten of Mt. Vernon, was selected to take his place.