| |||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||
1 | AN ACT concerning courts.
| ||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||
4 | Section 5. The Circuit Courts Act is amended by changing | ||||||||||||||||||||||||||||||
5 | Sections 2 and 2f
as follows:
| ||||||||||||||||||||||||||||||
6 | (705 ILCS 35/2) (from Ch. 37, par. 72.2)
| ||||||||||||||||||||||||||||||
7 | Sec. 2. Circuit judges shall be elected at the general | ||||||||||||||||||||||||||||||
8 | elections and
for terms as provided in Article VI of the | ||||||||||||||||||||||||||||||
9 | Illinois Constitution.
Ninety-four circuit judges shall be | ||||||||||||||||||||||||||||||
10 | elected in the Circuit of Cook
County prior to the effective | ||||||||||||||||||||||||||||||
11 | date of this amendatory Act of
the 99th General Assembly, and | ||||||||||||||||||||||||||||||
12 | for
each vacancy that exists on or occurs on or after the | ||||||||||||||||||||||||||||||
13 | effective date of this
amendatory Act of
the 99th General | ||||||||||||||||||||||||||||||
14 | Assembly, that number shall be reduced by one until the 94
| ||||||||||||||||||||||||||||||
15 | circuit judgeships have been allocated to subcircuits, and 3 | ||||||||||||||||||||||||||||||
16 | circuit
judges shall be elected in each of the other
circuits | ||||||||||||||||||||||||||||||
17 | except as provided in this Section. In circuits other than Cook | ||||||||||||||||||||||||||||||
18 | County containing a population
of 230,000 or more inhabitants | ||||||||||||||||||||||||||||||
19 | and in which there is included a county
containing a population | ||||||||||||||||||||||||||||||
20 | of 200,000 or more inhabitants, or in circuits
other than Cook | ||||||||||||||||||||||||||||||
21 | County containing a population of 270,000 or more
inhabitants, | ||||||||||||||||||||||||||||||
22 | according to the last preceding federal census and in the
| ||||||||||||||||||||||||||||||
23 | circuit where the seat of State government is situated at the |
| |||||||
| |||||||
1 | time fixed
by law for the nomination of judges of the Circuit | ||||||
2 | Court in such circuit
and in any circuit which meets the | ||||||
3 | requirements set out in Section 2a of
this Act, 4 circuit | ||||||
4 | judges shall be elected in the manner provided by
law. In | ||||||
5 | circuits other than Cook County in which each county in the
| ||||||
6 | circuit has a population of 475,000 or more, 4 circuit judges | ||||||
7 | shall be
elected in addition to the 4 circuit judges provided | ||||||
8 | for in this
Section. In any circuit composed of 2 counties | ||||||
9 | having a total
population of 350,000 or more, one circuit judge | ||||||
10 | shall be elected in
addition to the 4 circuit judges provided | ||||||
11 | for in this Section.
| ||||||
12 | Any additional circuit judgeships in the 19th and 22nd | ||||||
13 | judicial circuits resulting by operation of this Section shall | ||||||
14 | be filled, if at all, at the general election in 2006 only as | ||||||
15 | provided in Section 2f-1. Thereafter, however, this Section | ||||||
16 | shall not apply to the determination of the number of circuit | ||||||
17 | judgeships in the 19th and 22nd judicial circuits. The number | ||||||
18 | of circuit judgeships in the 19th judicial circuit shall be | ||||||
19 | determined thereafter in accordance with Section 2f-1 and | ||||||
20 | Section 2f-2 and shall be reduced in accordance with those | ||||||
21 | Sections. The number of circuit judgeships in the 22nd judicial | ||||||
22 | circuit shall be determined thereafter in accordance with | ||||||
23 | Section 2f-1 and Section 2f-5 and shall be reduced in | ||||||
24 | accordance with those Sections.
| ||||||
25 | Notwithstanding the provisions of this Section or any other | ||||||
26 | law, the number
of at large judgeships of the 12th judicial |
| |||||||
| |||||||
1 | circuit may be reduced as provided in subsections (a-10) and | ||||||
2 | (a-15) of Section 2f-4.
| ||||||
3 | In the 23rd judicial circuit, there shall be no at large | ||||||
4 | circuit judgeships and only resident circuit judges shall be | ||||||
5 | elected as provided in Sections 2f-10 and 2f-11. | ||||||
6 | The
several judges of the circuit courts of this State, | ||||||
7 | before entering upon
the duties of their office, shall take and | ||||||
8 | subscribe the following oath
or affirmation, which shall be | ||||||
9 | filed in the office of the Secretary of
State:
| ||||||
10 | "I do solemnly swear (or affirm, as the case may be) that I | ||||||
11 | will
support the constitution of the United States, and the | ||||||
12 | constitution of
the State of Illinois, and that I will | ||||||
13 | faithfully discharge the duties
of judge of.... court, | ||||||
14 | according to the best of my ability."
| ||||||
15 | One of the 3 additional circuit judgeships authorized by
| ||||||
16 | this amendatory Act in circuits other than Cook County in which | ||||||
17 | each
county in the circuit has a population of 475,000 or more | ||||||
18 | may be filled
when this Act becomes law. The 2 remaining | ||||||
19 | circuit
judgeships in such circuits shall not be filled until | ||||||
20 | on or after July
1, 1977.
| ||||||
21 | (Source: P.A. 96-108, eff. 7-30-09; 97-1069, eff. 8-24-12.)
| ||||||
22 | (705 ILCS 35/2f) (from Ch. 37, par. 72.2f)
| ||||||
23 | Sec. 2f. (a) The Circuit of Cook County shall be divided | ||||||
24 | into 15
units to be known as subcircuits. The subcircuits shall | ||||||
25 | be compact,
contiguous, and substantially equal in population.
|
| |||||||
| |||||||
1 | The General Assembly
shall create the subcircuits by law on or | ||||||
2 | before
July 1, 1991, using population data as determined by the | ||||||
3 | 1990 Federal census.
| ||||||
4 | (b) The 270 165 resident judges to be elected from the | ||||||
5 | Circuit of Cook
County shall be determined under paragraph (4) | ||||||
6 | of subsection (a) of Section 2 of the
Judicial Vacancies Act.
| ||||||
7 | (c) The Supreme Court shall allot (i) the additional | ||||||
8 | resident judgeships
provided by paragraph (4) of subsection (a) | ||||||
9 | of Section 2 of the Judicial Vacancies Act
and (ii) all | ||||||
10 | vacancies in
resident judgeships existing on or occurring on or | ||||||
11 | after February 15, 1991 the effective date
of this amendatory | ||||||
12 | Act of 1990 ,
with respect to the other resident judgeships of | ||||||
13 | the Circuit
of Cook County, for election from the various | ||||||
14 | subcircuits until there are 18
11 resident judges to be
elected | ||||||
15 | from each of the 15 subcircuits (for a total of 270 165 ). A | ||||||
16 | resident
judgeship authorized before February 15, 1991 the | ||||||
17 | effective date of this amendatory Act of
1990 that became | ||||||
18 | vacant and was filled by appointment by the Supreme Court
| ||||||
19 | before February 15, 1991 that effective date shall be filled by | ||||||
20 | election at the general
election in November of 1992 from the | ||||||
21 | unit of the Circuit of Cook County
within Chicago or the unit | ||||||
22 | of that Circuit outside Chicago, as the case may
be, in which | ||||||
23 | the vacancy occurred.
| ||||||
24 | (d) As soon as practicable after the subcircuits are | ||||||
25 | created by law, the
Supreme Court shall determine by lot a | ||||||
26 | numerical order for the 15
subcircuits. That numerical order |
| |||||||
| |||||||
1 | shall be the basis for the order in which resident
judgeships | ||||||
2 | are assigned to the subcircuits. After the first round of
| ||||||
3 | assignments, the second and all later rounds shall be based on | ||||||
4 | the same
numerical order. Once a resident judgeship is assigned | ||||||
5 | to a subcircuit,
it shall continue to be assigned to that | ||||||
6 | subcircuit for all purposes.
| ||||||
7 | (e) A resident judge elected from a subcircuit shall | ||||||
8 | continue to reside
in that subcircuit as long as he or she | ||||||
9 | holds that office. A resident judge elected from a subcircuit | ||||||
10 | after January 1, 2008, must retain residency as a registered | ||||||
11 | voter in the subcircuit to run for retention from the circuit | ||||||
12 | at large thereafter.
| ||||||
13 | (Source: P.A. 95-610, eff. 9-11-07.)
| ||||||
14 | Section 10. The Judicial Vacancies Act is amended by | ||||||
15 | changing Section 2 as
follows:
| ||||||
16 | (705 ILCS 40/2) (from Ch. 37, par. 72.42)
| ||||||
17 | Sec. 2. (a) Except as provided in paragraphs (1),
(2), (3), | ||||||
18 | (4), and (5) of this subsection (a),
vacancies in the office of | ||||||
19 | a resident circuit judge in any county or in any
unit or | ||||||
20 | subcircuit of any circuit shall not be filled.
| ||||||
21 | (1) If in any county of less than 45,000 inhabitants | ||||||
22 | there remains
in office no other resident judge following | ||||||
23 | the occurrence of a vacancy,
such vacancy shall be filled.
| ||||||
24 | (2) If in any county of 45,000 or more but less than |
| |||||||
| |||||||
1 | 60,000
inhabitants there remains in office only one | ||||||
2 | resident judge following
the occurrence of a vacancy, such | ||||||
3 | vacancy shall be filled.
| ||||||
4 | (3) If in any county of 60,000 or more inhabitants, | ||||||
5 | other than the
County of Cook or as provided in paragraph | ||||||
6 | (5), there remain in office no
more than 2 resident judges
| ||||||
7 | following the occurrence of a vacancy, such vacancy shall | ||||||
8 | be filled.
| ||||||
9 | (4) The County of Cook shall have 270 165 resident | ||||||
10 | judges on
and after the effective date of this amendatory | ||||||
11 | Act of the 99th General Assembly 1990 . Of those
resident | ||||||
12 | judgeships, (i) 56 shall be those authorized before | ||||||
13 | February 15, 1991 the effective
date of this amendatory Act | ||||||
14 | of 1990 from the unit of the Circuit of Cook
County within | ||||||
15 | Chicago, (ii) 27 shall be those authorized before February | ||||||
16 | 15, 1991 the
effective date of this amendatory Act of 1990 | ||||||
17 | from the unit of the Circuit
of Cook County outside | ||||||
18 | Chicago, (iii) 12 shall be additional resident
judgeships | ||||||
19 | first elected at the general election in November of 1992,
| ||||||
20 | (iv) 10 shall be additional resident judgeships first | ||||||
21 | elected at the
general election in November of 1994, and | ||||||
22 | (v) 60 shall be additional
resident judgeships to be | ||||||
23 | authorized
one each for each
reduction upon vacancy in the | ||||||
24 | office of associate judge in the Circuit of
Cook County as | ||||||
25 | those vacancies
exist or occur on and after February 15, | ||||||
26 | 1991 the effective date of this amendatory Act of
1990 and |
| |||||||
| |||||||
1 | as those vacancies are
determined under subsection (b) of | ||||||
2 | Section 2 of the Associate Judges Act
until the total
| ||||||
3 | resident judgeships authorized under this item (v) is 60 , | ||||||
4 | (vi) 11 shall be
additional resident judgeships to be | ||||||
5 | authorized one each for each reduction
upon vacancy in the | ||||||
6 | office of associate judge in the Circuit of Cook County as
| ||||||
7 | those vacancies exist or occur on and after the effective | ||||||
8 | date of this
amendatory Act of
the 99th General Assembly
| ||||||
9 | and as those vacancies are determined under subsection
(b) | ||||||
10 | of Section 2 of the Associate Judges Act until the total | ||||||
11 | resident
judgeships authorized under this item (vi) is 11, | ||||||
12 | and (vii) 94 shall be
additional resident judgeships to be | ||||||
13 | authorized one each for each reduction
upon vacancy in the | ||||||
14 | office of circuit judge in the Circuit of Cook County as
| ||||||
15 | those vacancies exist or occur on and after the effective | ||||||
16 | date of this
amendatory Act of
the 99th General Assembly
| ||||||
17 | and as those vacancies are determined under Section 2 of
| ||||||
18 | the Circuit Courts Act until the total resident judgeships | ||||||
19 | authorized under
this item (vii) is 94 . Seven of the 12
| ||||||
20 | additional resident judgeships provided in item (iii)
may | ||||||
21 | be filled by appointment by the Supreme Court during the
| ||||||
22 | period beginning on February 15, 1991 the effective date of | ||||||
23 | this amendatory Act of 1990 and
ending 60 days before the | ||||||
24 | primary election in March of 1992; those judicial
| ||||||
25 | appointees shall serve until the first Monday in December | ||||||
26 | of 1992. Five
of the 12 additional resident judgeships |
| |||||||
| |||||||
1 | provided in item (iii) may be
filled by appointment by the | ||||||
2 | Supreme Court during the period beginning July
1, 1991 and | ||||||
3 | ending 60 days before the primary election in March of | ||||||
4 | 1992;
those judicial appointees shall serve until the first | ||||||
5 | Monday in December of
1992. Five of the 10 additional | ||||||
6 | resident judgeships provided in item (iv)
may be filled by | ||||||
7 | appointment by the Supreme Court during the period
| ||||||
8 | beginning July 1, 1992 and ending 60 days before the | ||||||
9 | primary election in
March of 1994; those judicial | ||||||
10 | appointees shall serve until the first Monday
in December | ||||||
11 | of 1994. The remaining 5 of the 10 additional resident
| ||||||
12 | judgeships provided in item (iv) may be filled by | ||||||
13 | appointment by the
Supreme Court during the period | ||||||
14 | beginning July 1, 1993 and ending 60 days
before the | ||||||
15 | primary election in March of 1994; those judicial | ||||||
16 | appointees
shall serve until the first Monday in December | ||||||
17 | 1994. The additional
resident judgeships created upon | ||||||
18 | vacancy in the office of associate judge
provided in item | ||||||
19 | (v) may be filled by appointment by the Supreme Court
| ||||||
20 | beginning on February 15, 1991, and the additional resident | ||||||
21 | judgeships
created
upon vacancy in the office of associate | ||||||
22 | judge provided in item (vi) and in the
office of the | ||||||
23 | circuit judge provided in item (vii) may be filled by | ||||||
24 | appointment
by the Supreme Court beginning on the effective | ||||||
25 | date of this amendatory Act
of
the 99th General Assembly | ||||||
26 | the effective date of this amendatory Act of 1990 ; but no
|
| |||||||
| |||||||
1 | additional resident judgeships created upon vacancy in the | ||||||
2 | office of
associate judge provided in item (v) shall be | ||||||
3 | filled during the 59 day
period before the next primary | ||||||
4 | election to nominate judges.
The Circuit of Cook County | ||||||
5 | shall be
divided into units to be known as subcircuits as | ||||||
6 | provided in Section 2f of
the Circuit Courts Act.
A vacancy | ||||||
7 | in the office of resident judge of the
Circuit of Cook | ||||||
8 | County existing on or occurring on or after February 15,
| ||||||
9 | 1991 the effective
date of this amendatory Act of 1990 , but | ||||||
10 | before the date the subcircuits
are created by law, shall | ||||||
11 | be filled by appointment by the Supreme Court
from the unit | ||||||
12 | within Chicago or the
unit outside Chicago, as the case may | ||||||
13 | be, in which the vacancy occurs and
filled by election from | ||||||
14 | the subcircuit to which it is allotted under
Section 2f of | ||||||
15 | the Circuit Courts Act. A
vacancy in the office
of resident | ||||||
16 | judge of the
Circuit of Cook County existing on or | ||||||
17 | occurring on or after the
date the subcircuits are created | ||||||
18 | by law
shall be
filled by appointment by the Supreme Court | ||||||
19 | and by election from the subcircuit
to
which it is allotted | ||||||
20 | under Section 2f of the Circuit Courts Act.
| ||||||
21 | (5) Notwithstanding paragraphs (1), (2), and (3) of | ||||||
22 | this subsection (a), resident judges in the 12th, 16th, | ||||||
23 | 17th, 19th, 22nd, and 23rd
judicial circuits
are as | ||||||
24 | provided in Sections 2f-1, 2f-2, 2f-4, 2f-5, 2f-6, 2f-9, | ||||||
25 | and 2f-10 of
the Circuit
Courts Act.
| ||||||
26 | (b) Nothing in paragraphs (2) or (3) of subsection (a) of |
| |||||||
| |||||||
1 | this
Section shall be construed
to require or permit in any | ||||||
2 | county a greater number of resident judges
than there were | ||||||
3 | resident associate judges on January 1, 1967.
| ||||||
4 | (c) Vacancies authorized to be filled by this Section 2 | ||||||
5 | shall be filled
in the manner provided in Article VI of the | ||||||
6 | Constitution.
| ||||||
7 | (d) A person appointed to fill a vacancy in the office of | ||||||
8 | circuit judge
shall be, at the time of appointment, a resident | ||||||
9 | of the subcircuit from which
the person whose vacancy is
being | ||||||
10 | filled was elected if the vacancy occurred in a circuit divided | ||||||
11 | into
subcircuits. If a vacancy
in the office of circuit judge | ||||||
12 | occurred in a circuit not divided into
subcircuits, a person | ||||||
13 | appointed to fill the vacancy shall be, at the time of
| ||||||
14 | appointment, a resident of the
circuit from which the person | ||||||
15 | whose vacancy is being filled was elected.
Except as provided | ||||||
16 | in Sections 2f-1, 2f-2, 2f-4, 2f-5, 2f-6, and 2f-9
of the
| ||||||
17 | Circuit Courts
Act, if a
vacancy occurred in the office of a | ||||||
18 | resident circuit judge, a person appointed
to
fill the vacancy | ||||||
19 | shall be, at the time of appointment, a resident of the county
| ||||||
20 | from which the person whose
vacancy is being filled was | ||||||
21 | elected.
| ||||||
22 | (Source: P.A. 98-744, eff. 7-16-14.)
| ||||||
23 | Section 15. The Associate Judges Act is amended by changing | ||||||
24 | Section 2 as
follows:
|
| |||||||
| |||||||
1 | (705 ILCS 45/2) (from Ch. 37, par. 160.2)
| ||||||
2 | Sec. 2. (a) The maximum number of associate judges | ||||||
3 | authorized for each
circuit is the greater of the applicable | ||||||
4 | minimum number specified in this
Section or one for each 35,000 | ||||||
5 | or fraction thereof in population as
determined
by the last | ||||||
6 | preceding Federal census, except for circuits with a population | ||||||
7 | of
more than 3,000,000 where the maximum number of associate | ||||||
8 | judges is one for
each 29,000 or fraction thereof in population | ||||||
9 | as determined by the last
preceding federal census, reduced in | ||||||
10 | circuits of less than 200,000 inhabitants
by the number of | ||||||
11 | resident circuit judges elected in the circuit in excess of
one | ||||||
12 | per county. In addition, in circuits of 1,000,000 or more | ||||||
13 | inhabitants,
there shall be one additional associate judge | ||||||
14 | authorized for each
municipal
district of the circuit court. | ||||||
15 | The number of associate judges to be appointed
in each circuit, | ||||||
16 | not to exceed the maximum authorized, shall be
determined from
| ||||||
17 | time to time by the Circuit Court. The minimum number of | ||||||
18 | associate judges
authorized for any circuit consisting of a | ||||||
19 | single county shall be
14, except that the minimum in the 22nd | ||||||
20 | circuit shall be 8 and except that the minimum in the 19th | ||||||
21 | circuit on and after December 4, 2006 shall be 20. The
minimum | ||||||
22 | number of associate judges authorized for any circuit | ||||||
23 | consisting of 2
counties with a combined population of at least | ||||||
24 | 275,000 but less than 300,000
shall be 10. The minimum number | ||||||
25 | of associate judges authorized
for any circuit
with a | ||||||
26 | population of at least 303,000 but not more than 309,000 shall
|
| |||||||
| |||||||
1 | be 10.
The minimum number of associate judges authorized for | ||||||
2 | any circuit with a
population of at least 329,000, but not more | ||||||
3 | than 335,000 shall be
11. The
minimum number of associate | ||||||
4 | judges authorized for any circuit with a population
of at least | ||||||
5 | 173,000 shall be 5. As
used in this
Section, the term "resident | ||||||
6 | circuit judge" has the meaning given it in the
Judicial | ||||||
7 | Vacancies Act.
| ||||||
8 | (b) The maximum number of associate judges authorized under | ||||||
9 | subsection
(a) for a circuit with a population of more than | ||||||
10 | 3,000,000 shall
be reduced
as provided in this subsection (b). | ||||||
11 | For each vacancy that exists on or
occurs on or after February | ||||||
12 | 15, 1991 the effective date of this amendatory Act of 1990 , | ||||||
13 | that
maximum number shall be reduced by one until the total | ||||||
14 | number of
associate
judges authorized under subsection (a) is | ||||||
15 | reduced by 60. Additionally, for each vacancy that exists on or | ||||||
16 | occurs on or after the
effective date of this amendatory Act of
| ||||||
17 | the 99th General Assembly, that maximum number shall be
reduced | ||||||
18 | by one until the total number of associate judges authorized | ||||||
19 | under
subsection (a) is reduced by 11. A vacancy exists
or | ||||||
20 | occurs when an associate judge dies, resigns, retires, is | ||||||
21 | removed, or is
not reappointed upon expiration of his or her | ||||||
22 | term; a vacancy does not
exist or occur at the expiration of a | ||||||
23 | term if the associate judge is
reappointed. | ||||||
24 | (c) The maximum number of associate judges authorized under | ||||||
25 | subsection (a) for the 17th judicial circuit shall be reduced | ||||||
26 | as provided in this subsection (c). Due to the vacancy that |
| |||||||
| |||||||
1 | exists on or after the effective date of this amendatory Act of | ||||||
2 | the 93rd General Assembly in the associate judgeship that is | ||||||
3 | converted into a resident judgeship under subsection (a-10) of | ||||||
4 | Section 2f-6 of the Circuit Courts Act, the maximum number of | ||||||
5 | judges authorized under subsection (a) of this Section shall be | ||||||
6 | reduced by one. A vacancy exists
or occurs when an associate | ||||||
7 | judge dies, resigns, retires, is removed, or is
not reappointed | ||||||
8 | upon expiration of his or her term; a vacancy does not
exist or | ||||||
9 | occur at the expiration of a term if the associate judge is
| ||||||
10 | reappointed.
| ||||||
11 | (d) The maximum number of associate judges authorized under
| ||||||
12 | subsection (a) for the 23rd judicial circuit shall be reduced
| ||||||
13 | as provided in this subsection (d). Due to the vacancy that
| ||||||
14 | exists on or after the effective date of this amendatory Act of
| ||||||
15 | the 98th General Assembly in the associate judgeship that is
| ||||||
16 | converted into a resident judgeship under subsection (k) of
| ||||||
17 | Section 2f-10 of the Circuit Courts Act, the maximum number of
| ||||||
18 | judges authorized under subsection (a) of this Section shall be
| ||||||
19 | reduced by one. | ||||||
20 | (Source: P.A. 98-744, eff. 7-16-14.)
|