98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
HC0010

 

Introduced , by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
ILCON Art. VI, Sec. 12
ILCON Art. VI, Sec. 12.1 new

    Proposes to amend the Judiciary Article of the Illinois Constitution concerning the retention of Supreme, Appellate, and Circuit Judges. Creates a Judicial Retention Commission in each Judicial District to evaluate the qualifications of Supreme and Appellate Court Judges seeking retention and creates a Judicial Retention Commission in each Judicial Circuit to determine the qualification for Judges for retention in the Circuit. Provides for the impaneling of additional Judicial Retention Commissions in a Circuit if more than 40 Judges have filed a declaration of candidacy for retention. Provides that Judges found unqualified by the Commissions may seek retention in retention elections. Provides that Judges found qualified are retained in office. Effective upon being declared adopted under Section 7 of the Illinois Constitutional Amendment Act.


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1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
4NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5SENATE CONCURRING HEREIN, that there shall be submitted to the
6electors of the State for adoption or rejection at the general
7election next occurring at least 6 months after the adoption of
8this resolution a proposition to amend Section 12 of and to add
9Section 12.1 to Article VI of the Illinois Constitution as
10follows:
 
11
ARTICLE VI
12
THE JUDICIARY

13    (ILCON Art. VI, Sec. 12)
14SECTION 12. ELECTION AND RETENTION
15    (a) Supreme, Appellate and Circuit Judges shall be
16nominated at primary elections or by petition. Judges shall be
17elected at general or judicial elections as the General
18Assembly shall provide by law. A person eligible for the office
19of Judge may cause his name to appear on the ballot as a
20candidate for Judge at the primary and at the general or
21judicial elections by submitting petitions. The General
22Assembly shall prescribe by law the requirements for petitions.
23    (b) The office of a Judge shall be vacant upon his death,
24resignation, retirement, removal, or upon the conclusion of his

 

 

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1term without retention in office. Whenever an additional
2Appellate or Circuit Judge is authorized by law, the office
3shall be filled in the manner provided for filling a vacancy in
4that office.
5    (c) A vacancy occurring in the office of Supreme, Appellate
6or Circuit Judge shall be filled as the General Assembly may
7provide by law. In the absence of a law, vacancies may be
8filled by appointment by the Supreme Court. A person appointed
9to fill a vacancy 60 or more days prior to the next primary
10election to nominate Judges shall serve until the vacancy is
11filled for a term at the next general or judicial election. A
12person appointed to fill a vacancy less than 60 days prior to
13the next primary election to nominate Judges shall serve until
14the vacancy is filled at the second general or judicial
15election following such appointment.
16    (d) Not less than six months before the general election
17preceding the expiration of his term of office, a Supreme,
18Appellate or Circuit Judge who has been elected to that office
19may file in the office of the Secretary of State a declaration
20of candidacy to succeed himself. The Secretary of State, not
21less than 63 days before the election, shall certify the
22Judge's candidacy to the proper election officials. The names
23of Judges seeking retention shall be submitted to the electors,
24separately and without party designation, on the sole question
25whether each Judge shall be retained in office for another
26term. The retention elections shall be conducted at general

 

 

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1elections in the appropriate Judicial District, for Supreme and
2Appellate Judges, and in the circuit for Circuit Judges. The
3affirmative vote of three-fifths of the electors voting on the
4question shall elect the Judge to the office for a term
5commencing on the first Monday in December following his
6election.
7    (e) A law reducing the number of Appellate or Circuit
8Judges shall be without prejudice to the right of the Judges
9affected to seek retention in office. A reduction shall become
10effective when a vacancy occurs in the affected unit.
11(Source: Illinois Constitution.)
 
12    (ILCON Art. VI, Sec. 12.1 new)
13SECTION 12.1. JUDICIAL RETENTION PROCEDURES
14    (a) There shall be a Judicial Retention Commission in each
15Judicial District to determine qualifications for retention of
16Judges of the Supreme and Appellate Courts for each District
17and a separate Judicial Retention Commission to determine
18qualifications for retention of Circuit Judges for each
19Circuit. A combined Judicial Retention Commission shall be
20impaneled to consider the qualifications of judges seeking
21retention in the First Judicial District and the Cook County
22Circuit. If more than 40 Judges in a Circuit, or in Cook County
23in the combined District and Circuit, have filed declarations
24of candidacy for retention under this Section, one or more
25additional Judicial Retention Commissions shall be impaneled

 

 

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1so that not more than 40 Judges are assigned to a single
2Judicial Retention Commission. When more than one Commission is
3impaneled in a Circuit or in a combined District and Circuit,
4the Administrative Director of the Illinois Courts shall divide
5the candidates for retention by lot into equal groups or groups
6that are as close to equal as possible and shall by lot
7designate the groups for assignment to each Judicial Retention
8Commission.
9    (b) Each Judicial Retention Commission shall consist of 11
10members. Six members shall be non-lawyers and 5 members shall
11be lawyers. All members shall be residents of the appropriate
12District or Circuit.
13    (c) Two non-lawyer members of each Judicial Retention
14Commission shall be appointed by the Governor and 2 non-lawyer
15members shall be appointed by the State official or officer
16first in the order indicated who was elected to office and is
17not affiliated with the same political party as the Governor:
18the Attorney General, the Secretary of State, the Comptroller,
19the Treasurer, the President of the Senate, the Speaker of the
20House of Representatives. If all of those State officials and
21officers are affiliated with the same political party as the
22Governor, one non-lawyer member shall be appointed by the
23Minority Leader of the Senate and one non-lawyer member shall
24be appointed by the Minority Leader of the House of
25Representatives. If there is a vacancy in a position for which
26the original appointment was made under this subsection (c), a

 

 

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1successor non-lawyer member shall be appointed by the same
2person who appointed the predecessor non-lawyer member if that
3person's office and political party affiliation have not
4changed since the predecessor non-lawyer member was appointed.
5If that person's office or political party affiliation have
6changed since the predecessor non-lawyer member was appointed,
7the successor non-lawyer member shall be appointed: (i) by the
8Governor if the Governor is affiliated with the same political
9party as the predecessor non-lawyer member; or (ii) otherwise
10by the State official or officer first in the order indicated
11in this subsection (c) who was elected to office and is not
12affiliated with the same political party as the Governor.
13    (d) If a Circuit or a District comprises a single county,
14one non-lawyer member of each Judicial Retention Commission
15shall be appointed by the county board chairman and one
16non-lawyer member shall be appointed by the county board member
17with the longest service on the county board who is not
18affiliated with the same political party as the chairman. If 2
19or more county board members who are not affiliated with the
20same political party as the chairman are tied for the longest
21service, one of them shall be chosen by lot to make the
22appointment. If the county board consists only of members of
23the same political party, the county board shall appoint 2
24non-lawyer members of the Judicial Retention Commission, but
25those appointees may not both be affiliated with the same
26political party. If there is a vacancy in a position for which

 

 

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1the original appointment was made under this subsection (d) and
2the county board does not consist only of members of the same
3political party, a successor non-lawyer member shall be
4appointed by the same person who appointed the predecessor
5non-lawyer member if that person's office and political party
6affiliation have not changed since the predecessor non-lawyer
7member was appointed. If that person's office or political
8party affiliation have changed since the predecessor
9non-lawyer member was appointed, the successor non-lawyer
10member shall be appointed: (i) by the county board chairman if
11the county board chairman is affiliated with the same political
12party as the predecessor non-lawyer member; or (ii) otherwise
13by the county board member with the longest service on the
14county board as determined under this subsection (d) who is not
15affiliated with the same political party as the chairman. If
16there is a vacancy in a position for which the original
17appointment was made under this subsection (d) and the county
18board consists only of members of the same political party, the
19county board shall appoint a successor non-lawyer member and
20the member appointed may not be affiliated with the same
21political party as the other non-lawyer member appointed under
22this subsection (d).
23    (e) If a Circuit or a District is comprised of more than a
24single county, the chairmen of the county boards within that
25Circuit or District shall select 2 non-lawyer members of the
26Judicial Retention Commission, but both of those appointees may

 

 

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1not be affiliated with the same political party. If there is a
2vacancy in a position for which the original appointment was
3made under this subsection (e), the vacancy shall be filled by
4the county board chairmen, and the member appointed may not be
5affiliated with the same political party as the other
6non-lawyer member appointed under this subsection (e).
7    (f) If any official, group of officials, or body fails to
8appoint a non-lawyer member to a Judicial Retention Commission
9or fill a vacancy, the Supreme Court shall make the appointment
10or fill the vacancy. When a Judge of the Supreme Court is
11seeking retention, he or she shall not participate in the
12appointment of any member of his or her District's Judicial
13Retention Commission under this subsection (f) or under
14subsection (h).
15    (g) For purposes of filling a non-lawyer vacancy on a
16Judicial Retention Commission under this Section, the
17political affiliation of the predecessor non-lawyer member
18shall be deemed to be his or her political affiliation at the
19time of his or her appointment.
20    (h) The lawyer members of each Judicial Retention
21Commission shall be selected by secret ballot, without
22political party or other designation, by the lawyers who are
23admitted to practice in Illinois and who reside in the
24appropriate District or Circuit, in a manner provided by
25Supreme Court Rule. The lawyer members of the Judicial
26Retention Commission shall be admitted to practice in Illinois

 

 

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1and reside in the appropriate District or Circuit. If an
2inadequate number of lawyers is selected in the manner set
3forth in this Section, the Supreme Court shall appoint the
4other lawyer members. If there is a vacancy in a position for
5which the original appointment was made under this subsection
6(h), the currently eligible lawyer who was not selected in the
7most recent election held under this subsection (h) in the
8appropriate District or Circuit but who received more votes
9than the other currently eligible lawyers who were not selected
10shall be appointed; however, if no lawyer is eligible to fill a
11vacancy in this manner, the Supreme Court shall appoint a
12lawyer to fill the vacancy.
13    (i) To ensure racial diversity in any District or Circuit
14where African-Americans, Asian-Americans, or
15Hispanic-Americans exceed 3% of the population and are not
16represented on a Judicial Retention Commission, the Supreme
17Court shall appoint a lawyer-member from the listed racial
18group that exceeds 3% of the population so that that group has
19no less than one member on that Commission.
20    (j) The term of each member of a Judicial Retention
21Commission shall begin 8 months before the general election in
22each year in which a general election is held, and shall expire
23on the first Monday in November of the same year. Appointments
24and elections to a Judicial Retention Commission may not take
25place earlier than 45 days before the term is to commence. A
26member appointed to fill a vacancy shall serve for the

 

 

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1unexpired portion of the term.
2    (k) The chairman of each Judicial Retention Commission
3shall be selected by its members.
4    (l) Any person who holds any office under the United States
5or this State or any political subdivision or unit of local
6government of this State and receives compensation for services
7rendered in that office, or who holds any office or official
8position in a political party, is ineligible to serve on a
9Judicial Retention Commission. Compensation for service in the
10State militia or the armed services of the United States for a
11period of time as determined by Supreme Court Rule is not a
12disqualification to service on a Judicial Retention
13Commission.
14    (m) Members of a Judicial Retention Commission may not
15serve consecutive terms on a Commission. No person may serve on
16more than one Judicial Retention Commission at the same time.
17    (n) All members of a Judicial Retention Commission are
18subject to ethics and economic disclosure requirements as
19provided by law, and lawyer members are subject to campaign
20financing disclosure requirements as provided by law.
21    (o) Not less than 10 months before the general election
22next preceding the expiration of his or her term of office, a
23Supreme, Appellate, or Circuit Judge who has been elected to
24that office may file in the office of the Secretary of State a
25declaration of candidacy for retention in that office. The
26Secretary of State shall, within 14 days of receipt of the

 

 

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1declaration of candidacy, submit the Judge's name to the
2Administrative Director of the Illinois Courts. The
3Administrative Director of the Illinois Courts shall certify
4the number of Judicial Retention Commissions that are
5necessary. Not less than 7 and not more than 8 months before
6the general election next preceding the expiration of the term
7of office of the Judge, the Administrative Director of the
8Illinois Courts shall notify the chairman of the appropriate
9Judicial Retention Commission of the Judge's candidacy. The
10chairman shall then promptly convene the Commission.
11    (p) A Judicial Retention Commission may conduct
12investigations, meetings, and hearings, all of which may be
13confidential, and employ staff members as may be necessary to
14perform its duties. Each Commission shall determine its own
15rules, which shall be broadly disseminated and at a minimum
16shall contain provisions affording judges seeking retention
17the opportunity to appear before it and, when it finds that a
18Judge is not qualified to serve another term, an opportunity
19for rehearing. Members of Commissions may not receive any
20compensation for their services but are entitled to
21reimbursement for necessary expenses. The General Assembly
22shall appropriate funds to the Supreme Court for expense
23reimbursement and for all other administrative expenses of the
24Commissions.
25    (q) If, by concurrence of not less than three-fifths of its
26members, the Commission finds the candidate to be qualified to

 

 

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1serve another term, the candidate shall be retained in office
2for a full term commencing on the first Monday in December
3following the general election. The standard for determining
4qualifications to serve another term is that the person who by
5his or her character, background, temperament, professional
6aptitude, experience, and commitment to justice is deemed by
7the Commission to be qualified to be retained in office. Each
8qualified person may be considered for retention by a Judicial
9Retention Commission free from discrimination on the basis of
10race, color, creed, national ancestry, or sex.
11    (r) Not less than 84 days before the election, the
12Commission shall prepare and submit to each candidate its
13finding as to whether the Commission finds or fails to find
14that the candidate is qualified to serve another term. Not less
15than 77 days before the election, the Commission shall submit
16to the Secretary of State a list stating by name which
17candidates: (i) it has found qualified to serve another term;
18(ii) it has found to be not qualified; and (iii) have withdrawn
19their candidacy by written notification to the Commission.
20    (s) If a Judicial Retention Commission finds that a Judge
21is not qualified for retention, the Judge has the right to be
22informed of the reason or reasons for the finding. That judge
23may stand for retention by the electorate at the general
24election by filing in the office of the Secretary of State, not
25less than 70 days before the election, a declaration of
26candidacy for retention by the electorate. Not less than 63

 

 

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1days before the election, the Secretary of State shall certify
2the Judge's candidacy to the proper election officials. When a
3Judge files a declaration of candidacy for retention by the
4electorate, the reason or reasons for the Commission's finding
5that the Judge is not qualified for retention shall be made
6public by the Commission. At the election, the name of each
7Judge who has timely filed a declaration of candidacy for
8retention by the electorate shall be submitted to the electors,
9separately and without party designation, on the sole question
10of retention in office for another term. Retention elections
11shall be conducted at general elections in the appropriate
12Judicial Districts and Circuits. The affirmative vote of
13three-fifths of the electors on the question of retention shall
14elect a Judge to that office for a full term commencing on the
15first Monday in December following the election.
16    (t) A Judge eligible to file a declaration of candidacy for
17retention who fails to do so within the time specified in this
18Section, or having filed, fails of retention, shall vacate the
19office on the first Monday in December following the election,
20whether or not a successor is qualified. If an incumbent Judge,
21eligible to do so, does not timely file a declaration of
22candidacy for retention, the selection of a successor, if any,
23shall proceed in the manner provided in Section 12.
24    (u) An authorized reduction in the number of Judges shall
25be without prejudice to the right of Judges in office at the
26time to seek retention in accordance with this Section. The

 

 

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1reduction shall become effective when a vacancy occurs in the
2affected unit.
 
3
SCHEDULE
4    This Constitutional Amendment takes effect upon being
5declared adopted in accordance with Section 7 of the Illinois
6Constitutional Amendment Act.