99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1774

Introduced 2/20/2015, by Sen. Bill Cunningham

SYNOPSIS AS INTRODUCED:
705 ILCS 35/2 from Ch. 37, par. 72.2
705 ILCS 35/2f from Ch. 37, par. 72.2f
705 ILCS 40/2 from Ch. 37, par. 72.42
705 ILCS 45/2 from Ch. 37, par. 160.2

Amends the Circuit Courts Act, the Judicial Vacancies Act, and the Associate Judges Act. Increases the number of resident judges in Cook County from 165 to 270, the new judges to replace vacating judges as vacancies occur in Cook County circuit judgeships and associate judgeships. Reduces the number of circuit judges in Cook County by 94 as vacancies occur on and after the effective date of the amendatory Act. Reduces the number of associate judges in Cook County by 11 as vacancies occur on and after the effective date of the amendatory Act. Provides that resident judgeship vacancies shall be filled by appointment by the Supreme Court. Effective immediately.
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JUDICIAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning courts.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Circuit Courts Act is amended by changing
5Sections 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
8elections and for terms as provided in Article VI of the
9Illinois Constitution. Ninety-four circuit judges shall be
10elected in the Circuit of Cook County prior to the effective
11date of this amendatory Act of the 99th General Assembly, and
12for each vacancy that exists on or occurs on or after the
13effective date of this amendatory Act of the 99th General
14Assembly, that number shall be reduced by one until the 94
15circuit judgeships have been allocated to subcircuits, and 3
16circuit judges shall be elected in each of the other circuits
17except as provided in this Section. In circuits other than Cook
18County containing a population of 230,000 or more inhabitants
19and in which there is included a county containing a population
20of 200,000 or more inhabitants, or in circuits other than Cook
21County containing a population of 270,000 or more inhabitants,
22according to the last preceding federal census and in the
23circuit where the seat of State government is situated at the

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1time fixed by law for the nomination of judges of the Circuit
2Court in such circuit and in any circuit which meets the
3requirements set out in Section 2a of this Act, 4 circuit
4judges shall be elected in the manner provided by law. In
5circuits other than Cook County in which each county in the
6circuit has a population of 475,000 or more, 4 circuit judges
7shall be elected in addition to the 4 circuit judges provided
8for in this Section. In any circuit composed of 2 counties
9having a total population of 350,000 or more, one circuit judge
10shall be elected in addition to the 4 circuit judges provided
11for in this Section.
12 Any additional circuit judgeships in the 19th and 22nd
13judicial circuits resulting by operation of this Section shall
14be filled, if at all, at the general election in 2006 only as
15provided in Section 2f-1. Thereafter, however, this Section
16shall not apply to the determination of the number of circuit
17judgeships in the 19th and 22nd judicial circuits. The number
18of circuit judgeships in the 19th judicial circuit shall be
19determined thereafter in accordance with Section 2f-1 and
20Section 2f-2 and shall be reduced in accordance with those
21Sections. The number of circuit judgeships in the 22nd judicial
22circuit shall be determined thereafter in accordance with
23Section 2f-1 and Section 2f-5 and shall be reduced in
24accordance with those Sections.
25 Notwithstanding the provisions of this Section or any other
26law, the number of at large judgeships of the 12th judicial

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1circuit 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
4circuit judgeships and only resident circuit judges shall be
5elected as provided in Sections 2f-10 and 2f-11.
6 The several judges of the circuit courts of this State,
7before entering upon the duties of their office, shall take and
8subscribe the following oath or affirmation, which shall be
9filed in the office of the Secretary of State:
10 "I do solemnly swear (or affirm, as the case may be) that I
11will support the constitution of the United States, and the
12constitution of the State of Illinois, and that I will
13faithfully discharge the duties of judge of.... court,
14according to the best of my ability."
15 One of the 3 additional circuit judgeships authorized by
16this amendatory Act in circuits other than Cook County in which
17each county in the circuit has a population of 475,000 or more
18may be filled when this Act becomes law. The 2 remaining
19circuit judgeships in such circuits shall not be filled until
20on 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
24into 15 units to be known as subcircuits. The subcircuits shall
25be compact, contiguous, and substantially equal in population.

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1The General Assembly shall create the subcircuits by law on or
2before July 1, 1991, using population data as determined by the
31990 Federal census.
4 (b) The 270 165 resident judges to be elected from the
5Circuit of Cook County shall be determined under paragraph (4)
6of subsection (a) of Section 2 of the Judicial Vacancies Act.
7 (c) The Supreme Court shall allot (i) the additional
8resident judgeships provided by paragraph (4) of subsection (a)
9of Section 2 of the Judicial Vacancies Act and (ii) all
10vacancies in resident judgeships existing on or occurring on or
11after February 15, 1991 the effective date of this amendatory
12Act of 1990, with respect to the other resident judgeships of
13the Circuit of Cook County, for election from the various
14subcircuits until there are 18 11 resident judges to be elected
15from each of the 15 subcircuits (for a total of 270 165). A
16resident judgeship authorized before February 15, 1991 the
17effective date of this amendatory Act of 1990 that became
18vacant and was filled by appointment by the Supreme Court
19before February 15, 1991 that effective date shall be filled by
20election at the general election in November of 1992 from the
21unit of the Circuit of Cook County within Chicago or the unit
22of that Circuit outside Chicago, as the case may be, in which
23the vacancy occurred.
24 (d) As soon as practicable after the subcircuits are
25created by law, the Supreme Court shall determine by lot a
26numerical order for the 15 subcircuits. That numerical order

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1shall be the basis for the order in which resident judgeships
2are assigned to the subcircuits. After the first round of
3assignments, the second and all later rounds shall be based on
4the same numerical order. Once a resident judgeship is assigned
5to a subcircuit, it shall continue to be assigned to that
6subcircuit for all purposes.
7 (e) A resident judge elected from a subcircuit shall
8continue to reside in that subcircuit as long as he or she
9holds that office. A resident judge elected from a subcircuit
10after January 1, 2008, must retain residency as a registered
11voter in the subcircuit to run for retention from the circuit
12at large thereafter.
13(Source: P.A. 95-610, eff. 9-11-07.)
14 Section 10. The Judicial Vacancies Act is amended by
15changing 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
19a resident circuit judge in any county or in any unit or
20subcircuit 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

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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

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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

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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

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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

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1this Section shall be construed to require or permit in any
2county a greater number of resident judges than there were
3resident associate judges on January 1, 1967.
4 (c) Vacancies authorized to be filled by this Section 2
5shall be filled in the manner provided in Article VI of the
6Constitution.
7 (d) A person appointed to fill a vacancy in the office of
8circuit judge shall be, at the time of appointment, a resident
9of the subcircuit from which the person whose vacancy is being
10filled was elected if the vacancy occurred in a circuit divided
11into subcircuits. If a vacancy in the office of circuit judge
12occurred in a circuit not divided into subcircuits, a person
13appointed to fill the vacancy shall be, at the time of
14appointment, a resident of the circuit from which the person
15whose vacancy is being filled was elected. Except as provided
16in Sections 2f-1, 2f-2, 2f-4, 2f-5, 2f-6, and 2f-9 of the
17Circuit Courts Act, if a vacancy occurred in the office of a
18resident circuit judge, a person appointed to fill the vacancy
19shall be, at the time of appointment, a resident of the county
20from which the person whose vacancy is being filled was
21elected.
22(Source: P.A. 98-744, eff. 7-16-14.)
23 Section 15. The Associate Judges Act is amended by changing
24Section 2 as follows:

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1 (705 ILCS 45/2) (from Ch. 37, par. 160.2)
2 Sec. 2. (a) The maximum number of associate judges
3authorized for each circuit is the greater of the applicable
4minimum number specified in this Section or one for each 35,000
5or fraction thereof in population as determined by the last
6preceding Federal census, except for circuits with a population
7of more than 3,000,000 where the maximum number of associate
8judges is one for each 29,000 or fraction thereof in population
9as determined by the last preceding federal census, reduced in
10circuits of less than 200,000 inhabitants by the number of
11resident circuit judges elected in the circuit in excess of one
12per county. In addition, in circuits of 1,000,000 or more
13inhabitants, there shall be one additional associate judge
14authorized for each municipal district of the circuit court.
15The number of associate judges to be appointed in each circuit,
16not to exceed the maximum authorized, shall be determined from
17time to time by the Circuit Court. The minimum number of
18associate judges authorized for any circuit consisting of a
19single county shall be 14, except that the minimum in the 22nd
20circuit shall be 8 and except that the minimum in the 19th
21circuit on and after December 4, 2006 shall be 20. The minimum
22number of associate judges authorized for any circuit
23consisting of 2 counties with a combined population of at least
24275,000 but less than 300,000 shall be 10. The minimum number
25of associate judges authorized for any circuit with a
26population of at least 303,000 but not more than 309,000 shall

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1be 10. The minimum number of associate judges authorized for
2any circuit with a population of at least 329,000, but not more
3than 335,000 shall be 11. The minimum number of associate
4judges authorized for any circuit with a population of at least
5173,000 shall be 5. As used in this Section, the term "resident
6circuit judge" has the meaning given it in the Judicial
7Vacancies Act.
8 (b) The maximum number of associate judges authorized under
9subsection (a) for a circuit with a population of more than
103,000,000 shall be reduced as provided in this subsection (b).
11For each vacancy that exists on or occurs on or after February
1215, 1991 the effective date of this amendatory Act of 1990,
13that maximum number shall be reduced by one until the total
14number of associate judges authorized under subsection (a) is
15reduced by 60. Additionally, for each vacancy that exists on or
16occurs on or after the effective date of this amendatory Act of
17the 99th General Assembly, that maximum number shall be reduced
18by one until the total number of associate judges authorized
19under subsection (a) is reduced by 11. A vacancy exists or
20occurs when an associate judge dies, resigns, retires, is
21removed, or is not reappointed upon expiration of his or her
22term; a vacancy does not exist or occur at the expiration of a
23term if the associate judge is reappointed.
24 (c) The maximum number of associate judges authorized under
25subsection (a) for the 17th judicial circuit shall be reduced
26as provided in this subsection (c). Due to the vacancy that

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1exists on or after the effective date of this amendatory Act of
2the 93rd General Assembly in the associate judgeship that is
3converted into a resident judgeship under subsection (a-10) of
4Section 2f-6 of the Circuit Courts Act, the maximum number of
5judges authorized under subsection (a) of this Section shall be
6reduced by one. A vacancy exists or occurs when an associate
7judge dies, resigns, retires, is removed, or is not reappointed
8upon expiration of his or her term; a vacancy does not exist or
9occur at the expiration of a term if the associate judge is
10reappointed.
11 (d) The maximum number of associate judges authorized under
12subsection (a) for the 23rd judicial circuit shall be reduced
13as provided in this subsection (d). Due to the vacancy that
14exists on or after the effective date of this amendatory Act of
15the 98th General Assembly in the associate judgeship that is
16converted into a resident judgeship under subsection (k) of
17Section 2f-10 of the Circuit Courts Act, the maximum number of
18judges authorized under subsection (a) of this Section shall be
19reduced by one.
20(Source: P.A. 98-744, eff. 7-16-14.)