State of Illinois
90th General Assembly
Legislation

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90_SC0052

      ILCON Art. VI, Sec. 15
          Proposes to amend the Judiciary Article of  the  Illinois
      Constitution.  Provides  that  the  Courts  Commission  shall
      consist  of 7 members appointed as follows: one Supreme Court
      Judge appointed by  that  Court,  2  Appellate  Court  Judges
      appointed  by  that  Court, 2 Circuit Judges appointed by the
      Supreme Court, and 2  citizens  appointed  by  the  Governor.
      Provides for alternates to serve if a member is disqualified.
      Requires  the Commission to adopt comprehensive rules.  Makes
      other changes.  Effective upon approval of the electors.
                                                     LRB9011708REmb
                                               LRB9011708REmb
 1                       SENATE JOINT RESOLUTION
 2                      CONSTITUTIONAL AMENDMENT
 3        RESOLVED, BY THE SENATE OF THE NINETIETH GENERAL ASSEMBLY
 4    OF THE  STATE  OF  ILLINOIS,  THE  HOUSE  OF  REPRESENTATIVES
 5    CONCURRING  HEREIN,  that  there  shall  be  submitted to the
 6    electors of the  State  for  adoption  or  rejection  at  the
 7    general  election  next occurring at least 6 months after the
 8    adoption of this resolution a proposition to amend Section 15
 9    of Article VI of the Illinois Constitution as follows:
10                             ARTICLE VI
11                            THE JUDICIARY
12         (ILCON Art. VI, Sec. 15)
13    SECTION 15. RETIREMENT - DISCIPLINE
14        (a)  The General Assembly may  provide  by  law  for  the
15    retirement  of  Judges  and  Associate Judges at a prescribed
16    age. Any retired Judge or Associate Judge, with  his  or  her
17    consent,  may  be  assigned  by the Supreme Court to judicial
18    service for which he or  she  shall  receive  the  applicable
19    compensation  in  lieu  of  retirement  benefits.  A  retired
20    Associate Judge may be assigned only as an Associate Judge.
21        (b)  A  Judicial  Inquiry  Board  is created. The Supreme
22    Court shall select two Circuit  Judges  as  members  and  the
23    Governor  shall  appoint four persons who are not lawyers and
24    three lawyers as members of the Board. No more  than  two  of
25    the  lawyers  and  two  of  the  non-lawyers appointed by the
26    Governor shall be members of the same  political  party.  The
27    terms  of Board members shall be four years. A vacancy on the
28    Board shall be filled for a  full  term  in  the  manner  the
29    original  appointment  was  made.  No member may serve on the
30    Board more than eight years.
31        (c)  The  Board  shall  be  convened  permanently,   with
32    authority  to  conduct  investigations,  receive  or initiate
                            -2-                LRB9011708REmb
 1    complaints concerning a Judge or Associate  Judge,  and  file
 2    complaints  with  the  Courts Commission. The Board shall not
 3    file  a  complaint  unless  five  members  believe   that   a
 4    reasonable  basis exists (1) to charge the Judge or Associate
 5    Judge with willful misconduct in office,  persistent  failure
 6    to  perform  his duties, or other conduct that is prejudicial
 7    to the administration of justice or that brings the  judicial
 8    office  into  disrepute,  or  (2) to charge that the Judge or
 9    Associate Judge is physically or mentally unable  to  perform
10    his   duties.   All   proceedings   of  the  Board  shall  be
11    confidential except the filing of a complaint with the Courts
12    Commission. The Board shall prosecute the complaint.
13        (d)  The  Board   shall   adopt   rules   governing   its
14    procedures.  It  shall  have  subpoena power and authority to
15    appoint and direct its staff. Members of the  Board  who  are
16    not  Judges shall receive per diem compensation and necessary
17    expenses; members who  are  Judges  shall  receive  necessary
18    expenses  only. The General Assembly by law shall appropriate
19    funds for the operation of the Board.
20        (e)  An  independent  A  Courts  Commission  is   created
21    consisting  of one Supreme Court Judge selected by that Court
22    as a member and  one  as  an  alternate,  who  shall  be  its
23    chairman,  two  Appellate Court Judges selected by that Court
24    as members and three as alternates, and  two  Circuit  Judges
25    selected  by  the  Supreme  Court  as  members  and  three as
26    alternates, and two citizens  selected  by  the  Governor  as
27    members and two as alternates. Members and alternates who are
28    Appellate Court Judges must each be from a different Judicial
29    District.  Members and alternates who are Circuit Judges must
30    each  be  from  a  different  Judicial  District. Members and
31    alternates of the Commission shall  not  be  members  of  the
32    Judicial  Inquiry Board.  The members of the Commission shall
33    select a chairperson to serve a two-year term.
34        The Commission shall  be  convened  permanently  to  hear
                            -3-                LRB9011708REmb
 1    complaints   filed   by   the  Judicial  Inquiry  Board.  The
 2    Commission shall  have  authority  after  notice  and  public
 3    hearing,  (1)  to  remove  from  office, suspend without pay,
 4    censure or reprimand a Judge or Associate Judge  for  willful
 5    misconduct  in  office,  persistent failure to perform his or
 6    her duties, or other  conduct  that  is  prejudicial  to  the
 7    administration  of justice or that brings the judicial office
 8    into disrepute, or (2) to suspend, with or  without  pay,  or
 9    retire  a  Judge  or  Associate  Judge  who  is physically or
10    mentally unable to perform his or her duties.
11        (f)  The  concurrence  of  four  three  members  of   the
12    Commission shall be necessary for a decision. The decision of
13    the Commission shall be final.
14        (g)  The  Commission  shall  adopt comprehensive rules to
15    ensure  that  governing   its   procedures   are   fair   and
16    appropriate.   These rules and any amendments shall be public
17    and filed with the Secretary of State at least 30 days before
18    becoming effective.
19        (h)  A member of the Commission shall disqualify  himself
20    or  herself,  or  the  other  members of the Commission shall
21    disqualify a member, with respect to any proceeding in  which
22    disqualification  or  recusal  would  be  required of a Judge
23    under  rules  of  the  Supreme  Court,  under  rules  of  the
24    Commission, or by law.
25        If a Supreme Court Judge is the subject of a  proceeding,
26    then  there  shall  be  no  Supreme  Court Judge sitting as a
27    member of the Commission with  respect  to  that  proceeding.
28    Instead, an alternate Appellate Court Judge not from the same
29    Judicial  District  as  the subject Supreme Court Judge shall
30    replace the subject Supreme Court Judge. If a member  who  is
31    an Appellate Court Judge is the subject of a proceeding, then
32    an  alternate Appellate Court Judge shall replace the subject
33    Appellate Court Judge. If an Appellate Court Judge who is not
34    a member is the subject of  a  proceeding  and  an  Appellate
                            -4-                LRB9011708REmb
 1    Court Judge from the same Judicial District is a member, then
 2    an alternate Appellate Court Judge shall replace that member.
 3    If  a  member  who  is  a  Circuit  Judge is the subject of a
 4    proceeding, then an alternate Circuit Judge shall replace the
 5    subject Circuit Judge. If a Circuit Judge who is not a member
 6    is the subject of a proceeding and a Circuit Judge  from  the
 7    same Judicial District is a member, then an alternate Circuit
 8    Judge shall replace that member.
 9        If  a member of the Commission is disqualified under this
10    Section with respect to any proceeding, that member shall  be
11    replaced  by  an  alternate  on  a rotating basis in a manner
12    provided by rule of the Commission.  The alternate shall  act
13    as  member  of the Commission with respect to that proceeding
14    only.
15        (i)  The  Commission  and  shall  have  power  to   issue
16    subpoenas.
17        (j)  Members and alternates of the Commission who are not
18    Judges  shall  receive  per  diem  compensation and necessary
19    expenses; members and alternates who are Judges shall receive
20    necessary expenses only.  The General Assembly shall  provide
21    by law for the expenses and compensation of the Commission.
22    (Source: Illinois Constitution.)
23                              SCHEDULE
24        This  Constitutional Amendment takes effect upon approval
25    by the electors of this State.

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