Illinois General Assembly - Full Text of HB5824
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Full Text of HB5824  98th General Assembly

HB5824enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
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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
5Section 2f-10 as follows:
 
6    (705 ILCS 35/2f-10)
7    Sec. 2f-10. 16th and 23rd judicial circuits.
8    (a) On December 3, 2012, the 16th judicial circuit is
9divided into the 16th and 23rd judicial circuits as provided in
10Section 1 of the Circuit Courts Act. This division does not
11invalidate any action taken by the 16th judicial circuit or any
12of its judges, officers, employees, or agents before December
133, 2012. This division does not affect any person's rights,
14obligations, or duties, including applicable civil and
15criminal penalties, arising out of any action taken by the 16th
16judicial circuit or any of its judges, officers, employees, or
17agents before December 3, 2012.
18    (b) The 16th circuit shall have one additional resident
19judgeship to be allotted by the Supreme Court under subsection
20(d). The additional resident judgeship shall be filled by
21election beginning at the 2012 general election.
22    (c) The 16th circuit shall have an additional resident
23judgeship from Kendall County to be allotted by the Supreme

 

 

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1Court. The additional judgeship shall be filled by election
2beginning at the 2012 general election. This judgeship shall
3become a resident judgeship from Kendall County in the 23rd
4circuit on December 3, 2012.
5    (d) The Supreme Court shall allot: (i) all vacancies in at
6large judgeships or resident judgeships from the County of Kane
7of the 16th circuit occurring after the 2012 general election,
8excluding the vacancy in subsection (e); and (ii) the one
9resident judgeship added by subsection (b), for election from
10the various subcircuits until there are 2 resident judges to be
11elected from each subcircuit. The additional resident
12judgeship added by subsection (b) that shall be filled by
13election beginning at the 2012 general election shall be
14assigned to subcircuit 2 for election. The Supreme Court may
15fill the judgeship by appointment prior to the 2012 general
16election. The vacancies allotted by the Supreme Court under
17this subsection shall become resident judgeships of the 16th
18circuit to be assigned to the 3rd, 1st, and 4th subcircuits in
19that order. Subcircuit judgeships in the 3rd, 1st, and 4th
20subcircuits shall be filled by election as vacancies occur. No
21resident judge of the 16th circuit serving on the effective
22date of this amendatory Act of the 97th General Assembly shall
23be required to change his or her residency in order to continue
24serving in office or to seek retention in office as resident
25judgeships are allotted by the Supreme Court in accordance with
26this Section. As used in this subsection, a vacancy does not

 

 

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1include the expiration of a term of an at large judge or of a
2resident judge who intends to seek retention in that office at
3the next term.
4    (e) The Supreme Court shall assign to the 16th circuit the
57 circuit judgeships elected at large in the 16th circuit
6before and at the 2012 general election. The 3 resident
7judgeships elected from Kane County before the 2012 general
8election shall become at large circuit judgeships on December
93, 2012. An individual seeking election to one of the 7
10judgeships at large or a judge seeking retention to one of the
117 judgeships at large at the 2012 general election shall seek
12election or retention solely within the boundaries of Kane
13County. The 7 circuit judgeships assigned to the 16th circuit
14shall continue to be elected at large, and the 3 resident
15judges shall be elected at large at the first general election
16following the expiration of a term of office. Of the 7 circuit
17judgeships elected at large as of April 15, 2011, and the 3
18resident judgeships elected from Kane County before the general
19election of 2012 converting to at large judgeships on December
203, 2012, the first vacancy occurring after December 3, 2012
21shall be assigned to the 23rd circuit as a Kendall County
22resident judge. As used in this subsection, a vacancy does not
23include the expiration of a term of an at large judge or of a
24resident judge who intends to seek retention in that office at
25the next term.
26    (f) The 3 resident judgeships elected from DeKalb County

 

 

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1before the 2012 general election shall become resident
2judgeships from DeKalb County in the 23rd circuit on December
33, 2012, and the 2 resident judgeships elected from Kendall
4County before the 2012 general election shall become resident
5judgeships from Kendall County in the 23rd circuit on December
63, 2012.
7    (g) The 4 subcircuit judgeships of the 16th circuit elected
8as of April 15, 2011, shall become the 4 subcircuit judgeships
9of the 16th circuit as established in Section 2f-9. The
10remaining unfilled subcircuit judgeship of the 16th circuit as
11of April 15, 2011 shall be eliminated. If the judgeship of the
125th subcircuit of the 16th circuit is filled prior to the
13effective date of this amendatory Act of the 97th General
14Assembly, that judgeship shall be eliminated on December 3,
152012.
16    (h) On December 3, 2012, the Supreme Court shall allocate
17the associate judgeships of the 16th circuit before that date
18between the 16th and 23rd circuits. The number of associate
19judges allocated to the 23rd circuit shall be no less than 5.
20    (i) On December 3, 2012, the Supreme Court shall allocate
21personnel, books, records, documents, property (real and
22personal), funds, assets, liabilities, and pending matters
23concerning the 16th circuit before that date between the 16th
24and 23rd circuits based on the population and staffing needs of
25those circuits and the efficient and proper administration of
26the judicial system. The rights of employees under applicable

 

 

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1collective bargaining agreements are not affected by this
2amendatory Act of the 97th General Assembly.
3    (j) The judgeships set forth in this Section include the
4judgeships authorized under Sections 2g, 2h, 2j, 2k, 2m, and
52n. The judgeships authorized in those Sections are not in
6addition to those set forth in this Section.
7    (k) Of the 23rd circuit's associate judgeships, the first
8associate judgeship that is or becomes vacant on or after the
9effective date of this amendatory Act of the 98th General
10Assembly shall become a resident judgeship from DeKalb County
11in the 23rd circuit. The additional resident judgeship shall be
12filled by election beginning at the 2016 general election. The
13Supreme Court may fill the judgeship by appointment prior to
14the 2016 general election. As used in this subsection, a
15vacancy does not include the expiration of a term of a resident
16judge who seeks retention in that office at the next term. A
17vacancy does not exist or occur at the expiration of an
18associate judge's term if the associate judge is reappointed. A
19vacancy exists or occurs when an associate judge dies, resigns,
20retires, is removed, or is not reappointed upon expiration of
21his or her term, or when a new judgeship is authorized under
22subsection (a) of Section 2 of the Associate Judges Act but is
23not filled.
24(Source: P.A. 97-81, eff. 8-26-11; 97-585, eff. 8-26-11.)
 
25    Section 10. The Judicial Vacancies Act is amended by

 

 

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1changing Section 2 as follows:
 
2    (705 ILCS 40/2)  (from Ch. 37, par. 72.42)
3    Sec. 2. (a) Except as provided in paragraphs (1), (2), (3),
4(4), and (5) of this subsection (a), vacancies in the office of
5a resident circuit judge in any county or in any unit or
6subcircuit of any circuit shall not be filled.
7        (1) If in any county of less than 45,000 inhabitants
8    there remains in office no other resident judge following
9    the occurrence of a vacancy, such vacancy shall be filled.
10        (2) If in any county of 45,000 or more but less than
11    60,000 inhabitants there remains in office only one
12    resident judge following the occurrence of a vacancy, such
13    vacancy shall be filled.
14        (3) If in any county of 60,000 or more inhabitants,
15    other than the County of Cook or as provided in paragraph
16    (5), there remain in office no more than 2 resident judges
17    following the occurrence of a vacancy, such vacancy shall
18    be filled.
19        (4) The County of Cook shall have 165 resident judges
20    on and after the effective date of this amendatory Act of
21    1990. Of those resident judgeships, (i) 56 shall be those
22    authorized before the effective date of this amendatory Act
23    of 1990 from the unit of the Circuit of Cook County within
24    Chicago, (ii) 27 shall be those authorized before the
25    effective date of this amendatory Act of 1990 from the unit

 

 

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1    of the Circuit of Cook County outside Chicago, (iii) 12
2    shall be additional resident judgeships first elected at
3    the general election in November of 1992, (iv) 10 shall be
4    additional resident judgeships first elected at the
5    general election in November of 1994, and (v) 60 shall be
6    additional resident judgeships to be authorized one each
7    for each reduction upon vacancy in the office of associate
8    judge in the Circuit of Cook County as those vacancies
9    exist or occur on and after the effective date of this
10    amendatory Act of 1990 and as those vacancies are
11    determined under subsection (b) of Section 2 of the
12    Associate Judges Act until the total resident judgeships
13    authorized under this item (v) is 60. Seven of the 12
14    additional resident judgeships provided in item (iii) may
15    be filled by appointment by the Supreme Court during the
16    period beginning on the effective date of this amendatory
17    Act of 1990 and ending 60 days before the primary election
18    in March of 1992; those judicial appointees shall serve
19    until the first Monday in December of 1992. Five 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 July 1, 1991 and ending 60 days before the
23    primary election in March of 1992; those judicial
24    appointees shall serve until the first Monday in December
25    of 1992. Five of the 10 additional resident judgeships
26    provided in item (iv) may be filled by appointment by the

 

 

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1    Supreme Court during the period beginning July 1, 1992 and
2    ending 60 days before the primary election in March of
3    1994; those judicial appointees shall serve until the first
4    Monday in December of 1994. The remaining 5 of the 10
5    additional resident judgeships provided in item (iv) may be
6    filled by appointment by the Supreme Court during the
7    period beginning July 1, 1993 and ending 60 days before the
8    primary election in March of 1994; those judicial
9    appointees shall serve until the first Monday in December
10    1994. The additional resident judgeships created upon
11    vacancy in the office of associate judge provided in item
12    (v) may be filled by appointment by the Supreme Court
13    beginning on the effective date of this amendatory Act of
14    1990; but no additional resident judgeships created upon
15    vacancy in the office of associate judge provided in item
16    (v) shall be filled during the 59 day period before the
17    next primary election to nominate judges. The Circuit of
18    Cook County shall be divided into units to be known as
19    subcircuits as provided in Section 2f of the Circuit Courts
20    Act. A vacancy in the office of resident judge of the
21    Circuit of Cook County existing on or occurring on or after
22    the effective date of this amendatory Act of 1990, but
23    before the date the subcircuits are created by law, shall
24    be filled by appointment by the Supreme Court from the unit
25    within Chicago or the unit outside Chicago, as the case may
26    be, in which the vacancy occurs and filled by election from

 

 

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1    the subcircuit to which it is allotted under Section 2f of
2    the Circuit Courts Act. A vacancy in the office of resident
3    judge of the Circuit of Cook County existing on or
4    occurring on or after the date the subcircuits are created
5    by law shall be filled by appointment by the Supreme Court
6    and by election from the subcircuit to which it is allotted
7    under Section 2f of the Circuit Courts Act.
8        (5) Notwithstanding paragraphs (1), (2), and (3) of
9    this subsection (a), resident judges in the 12th, 16th,
10    17th, 19th, and 22nd, and 23rd judicial circuits are as
11    provided in Sections 2f-1, 2f-2, 2f-4, 2f-5, 2f-6, and
12    2f-9, and 2f-10 of the Circuit Courts Act.
13    (b) Nothing in paragraphs (2) or (3) of subsection (a) of
14this Section shall be construed to require or permit in any
15county a greater number of resident judges than there were
16resident associate judges on January 1, 1967.
17    (c) Vacancies authorized to be filled by this Section 2
18shall be filled in the manner provided in Article VI of the
19Constitution.
20    (d) A person appointed to fill a vacancy in the office of
21circuit judge shall be, at the time of appointment, a resident
22of the subcircuit from which the person whose vacancy is being
23filled was elected if the vacancy occurred in a circuit divided
24into subcircuits. If a vacancy in the office of circuit judge
25occurred in a circuit not divided into subcircuits, a person
26appointed to fill the vacancy shall be, at the time of

 

 

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1appointment, a resident of the circuit from which the person
2whose vacancy is being filled was elected. Except as provided
3in Sections 2f-1, 2f-2, 2f-4, 2f-5, 2f-6, and 2f-9 of the
4Circuit Courts Act, if a vacancy occurred in the office of a
5resident circuit judge, a person appointed to fill the vacancy
6shall be, at the time of appointment, a resident of the county
7from which the person whose vacancy is being filled was
8elected.
9(Source: P.A. 93-541, eff. 8-18-03; 93-1102, eff. 4-7-05.)
 
10    Section 15. The Associate Judges Act is amended by changing
11Section 2 as follows:
 
12    (705 ILCS 45/2)  (from Ch. 37, par. 160.2)
13    Sec. 2. (a) The maximum number of associate judges
14authorized for each circuit is the greater of the applicable
15minimum number specified in this Section or one for each 35,000
16or fraction thereof in population as determined by the last
17preceding Federal census, except for circuits with a population
18of more than 3,000,000 where the maximum number of associate
19judges is one for each 29,000 or fraction thereof in population
20as determined by the last preceding federal census, reduced in
21circuits of less than 200,000 inhabitants by the number of
22resident circuit judges elected in the circuit in excess of one
23per county. In addition, in circuits of 1,000,000 or more
24inhabitants, there shall be one additional associate judge

 

 

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1authorized for each municipal district of the circuit court.
2The number of associate judges to be appointed in each circuit,
3not to exceed the maximum authorized, shall be determined from
4time to time by the Circuit Court. The minimum number of
5associate judges authorized for any circuit consisting of a
6single county shall be 14, except that the minimum in the 22nd
7circuit shall be 8 and except that the minimum in the 19th
8circuit on and after December 4, 2006 shall be 20. The minimum
9number of associate judges authorized for any circuit
10consisting of 2 counties with a combined population of at least
11275,000 but less than 300,000 shall be 10. The minimum number
12of associate judges authorized for any circuit with a
13population of at least 303,000 but not more than 309,000 shall
14be 10. The minimum number of associate judges authorized for
15any circuit with a population of at least 329,000, but not more
16than 335,000 shall be 11. The minimum number of associate
17judges authorized for any circuit with a population of at least
18173,000 shall be 5. As used in this Section, the term "resident
19circuit judge" has the meaning given it in the Judicial
20Vacancies Act.
21    (b) The maximum number of associate judges authorized under
22subsection (a) for a circuit with a population of more than
233,000,000 shall be reduced as provided in this subsection (b).
24For each vacancy that exists on or occurs on or after the
25effective date of this amendatory Act of 1990, that maximum
26number shall be reduced by one until the total number of

 

 

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1associate judges authorized under subsection (a) is reduced by
260. A vacancy exists or occurs when an associate judge dies,
3resigns, retires, is removed, or is not reappointed upon
4expiration of his or her term; a vacancy does not exist or
5occur at the expiration of a term if the associate judge is
6reappointed.
7    (c) The maximum number of associate judges authorized under
8subsection (a) for the 17th judicial circuit shall be reduced
9as provided in this subsection (c). Due to the vacancy that
10exists on or after the effective date of this amendatory Act of
11the 93rd General Assembly in the associate judgeship that is
12converted into a resident judgeship under subsection (a-10) of
13Section 2f-6 of the Circuit Courts Act, the maximum number of
14judges authorized under subsection (a) of this Section shall be
15reduced by one. A vacancy exists or occurs when an associate
16judge dies, resigns, retires, is removed, or is not reappointed
17upon expiration of his or her term; a vacancy does not exist or
18occur at the expiration of a term if the associate judge is
19reappointed.
20    (d) The maximum number of associate judges authorized under
21subsection (a) for the 23rd judicial circuit shall be reduced
22as provided in this subsection (d). Due to the vacancy that
23exists on or after the effective date of this amendatory Act of
24the 98th General Assembly in the associate judgeship that is
25converted into a resident judgeship under subsection (k) of
26Section 2f-10 of the Circuit Courts Act, the maximum number of

 

 

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1judges authorized under subsection (a) of this Section shall be
2reduced by one.
3(Source: P.A. 92-17, eff. 6-28-01; 93-541, eff. 8-18-03;
493-1040, eff. 9-28-04; 93-1102, eff. 4-7-05.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.