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90_SJ0068eng 90SJ0068 Engrossed SRS90SJ0024BWge 1 SENATE JOINT RESOLUTION NO. 68 2 (As amended by Senate Amendment No. 1) 3 WHEREAS, The 90th General Assembly of the State of 4 Illinois has submitted Senate Joint Resolution Constitutional 5 Amendment 52, a proposition to amend the Illinois 6 Constitution, to the voters of Illinois at the November 1998 7 general election; and 8 WHEREAS, The Illinois Constitutional Amendment Act 9 requires the General Assembly to prepare a brief explanation 10 of the proposed amendment, a brief argument in favor of the 11 amendment, a brief argument against the amendment, and the 12 form in which the amendment will appear on the ballot, and 13 also requires the information be published and distributed to 14 the electorate; and 15 WHEREAS, Senate Joint Resolution 64 created a Joint 16 Committee on the Courts Commission Amendment to prepare the 17 foregoing information; therefore, be it 18 RESOLVED, BY THE SENATE OF THE NINETIETH GENERAL ASSEMBLY 19 OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES 20 CONCURRING HEREIN, that the present and proposed forms of 21 Section 15 of Article VI shall be published as follows: 22 "PROPOSED AMENDMENT TO SECTION 15 OF ARTICLE VI 23 (The Judiciary) 24 ARTICLE VI 25 THE JUDICIARY 26 (Present Form) 27 SECTION 15. RETIREMENT - DISCIPLINE 28 (a) The General Assembly may provide by law for the 29 retirement of Judges and Associate Judges at a prescribed 30 age. Any retired Judge or Associate Judge, with his consent, 31 may be assigned by the Supreme Court to judicial service for 90SJ0068 Engrossed -2- SRS90SJ0024BWge 1 which he shall receive the applicable compensation in lieu of 2 retirement benefits. A retired Associate Judge may be 3 assigned only as an Associate Judge. 4 (b) A Judicial Inquiry Board is created. The Supreme 5 Court shall select two Circuit Judges as members and the 6 Governor shall appoint four persons who are not lawyers and 7 three lawyers as members of the Board. No more than two of 8 the lawyers and two of the non-lawyers appointed by the 9 Governor shall be members of the same political party. The 10 terms of Board members shall be four years. A vacancy on the 11 Board shall be filled for a full term in the manner the 12 original appointment was made. No member may serve on the 13 Board more than eight years. 14 (c) The Board shall be convened permanently, with 15 authority to conduct investigations, receive or initiate 16 complaints concerning a Judge or Associate Judge, and file 17 complaints with the Courts Commission. The Board shall not 18 file a complaint unless five members believe that a 19 reasonable basis exists (1) to charge the Judge or Associate 20 Judge with willful misconduct in office, persistent failure 21 to perform his duties, or other conduct that is prejudicial 22 to the administration of justice or that brings the judicial 23 office into disrepute, or (2) to charge that the Judge or 24 Associate Judge is physically or mentally unable to perform 25 his duties. All proceedings of the Board shall be 26 confidential except the filing of a complaint with the Courts 27 Commission. The Board shall prosecute the complaint. 28 (d) The Board shall adopt rules governing its 29 procedures. It shall have subpoena power and authority to 30 appoint and direct its staff. Members of the Board who are 31 not Judges shall receive per diem compensation and necessary 32 expenses; members who are Judges shall receive necessary 33 expenses only. The General Assembly by law shall appropriate 34 funds for the operation of the Board. 90SJ0068 Engrossed -3- SRS90SJ0024BWge 1 (e) A Courts Commission is created consisting of one 2 Supreme Court Judge selected by that Court, who shall be its 3 chairman, two Appellate Court Judges selected by that Court, 4 and two Circuit Judges selected by the Supreme Court. The 5 Commission shall be convened permanently to hear complaints 6 filed by the Judicial Inquiry Board. The Commission shall 7 have authority after notice and public hearing, (1) to remove 8 from office, suspend without pay, censure or reprimand a 9 Judge or Associate Judge for willful misconduct in office, 10 persistent failure to perform his duties, or other conduct 11 that is prejudicial to the administration of justice or that 12 brings the judicial office into disrepute, or (2) to suspend, 13 with or without pay, or retire a Judge or Associate Judge who 14 is physically or mentally unable to perform his duties. 15 (f) The concurrence of three members of the Commission 16 shall be necessary for a decision. The decision of the 17 Commission shall be final. 18 (g) The Commission shall adopt rules governing its 19 procedures and shall have power to issue subpoenas. The 20 General Assembly shall provide by law for the expenses of the 21 Commission. 22 ARTICLE VI 23 THE JUDICIARY 24 (Proposed Amendment) 25 (Proposed changes in the existing constitutional 26 provision are indicated by underscoring all new matter and by 27 crossing with a line all matter which is to be deleted.) 28 SECTION 15. RETIREMENT - DISCIPLINE 29 (a) The General Assembly may provide by law for the 30 retirement of Judges and Associate Judges at a prescribed 31 age. Any retired Judge or Associate Judge, with his or her 32 consent, may be assigned by the Supreme Court to judicial 90SJ0068 Engrossed -4- SRS90SJ0024BWge 1 service for which he or she shall receive the applicable 2 compensation in lieu of retirement benefits. A retired 3 Associate Judge may be assigned only as an Associate Judge. 4 (b) A Judicial Inquiry Board is created. The Supreme 5 Court shall select two Circuit Judges as members and the 6 Governor shall appoint four persons who are not lawyers and 7 three lawyers as members of the Board. No more than two of 8 the lawyers and two of the non-lawyers appointed by the 9 Governor shall be members of the same political party. The 10 terms of Board members shall be four years. A vacancy on the 11 Board shall be filled for a full term in the manner the 12 original appointment was made. No member may serve on the 13 Board more than eight years. 14 (c) The Board shall be convened permanently, with 15 authority to conduct investigations, receive or initiate 16 complaints concerning a Judge or Associate Judge, and file 17 complaints with the Courts Commission. The Board shall not 18 file a complaint unless five members believe that a 19 reasonable basis exists (1) to charge the Judge or Associate 20 Judge with willful misconduct in office, persistent failure 21 to perform his duties, or other conduct that is prejudicial 22 to the administration of justice or that brings the judicial 23 office into disrepute, or (2) to charge that the Judge or 24 Associate Judge is physically or mentally unable to perform 25 his duties. All proceedings of the Board shall be 26 confidential except the filing of a complaint with the Courts 27 Commission. The Board shall prosecute the complaint. 28 (d) The Board shall adopt rules governing its 29 procedures. It shall have subpoena power and authority to 30 appoint and direct its staff. Members of the Board who are 31 not Judges shall receive per diem compensation and necessary 32 expenses; members who are Judges shall receive necessary 33 expenses only. The General Assembly by law shall appropriate 34 funds for the operation of the Board. 90SJ0068 Engrossed -5- SRS90SJ0024BWge 1 (e) An independentACourts Commission is created 2 consisting of one Supreme Court Judge selected by that Court 3 as a member and one as an alternate,who shall be its4chairman,two Appellate Court Judges selected by that Court 5 as members and three as alternates,andtwo Circuit Judges 6 selected by the Supreme Court as members and three as 7 alternates, and two citizens selected by the Governor as 8 members and two as alternates. Members and alternates who are 9 Appellate Court Judges must each be from a different Judicial 10 District. Members and alternates who are Circuit Judges must 11 each be from a different Judicial District. Members and 12 alternates of the Commission shall not be members of the 13 Judicial Inquiry Board. The members of the Commission shall 14 select a chairperson to serve a two-year term. 15 The Commission shall be convened permanently to hear 16 complaints filed by the Judicial Inquiry Board. The 17 Commission shall have authority after notice and public 18 hearing, (1) to remove from office, suspend without pay, 19 censure or reprimand a Judge or Associate Judge for willful 20 misconduct in office, persistent failure to perform his or 21 her duties, or other conduct that is prejudicial to the 22 administration of justice or that brings the judicial office 23 into disrepute, or (2) to suspend, with or without pay, or 24 retire a Judge or Associate Judge who is physically or 25 mentally unable to perform his or her duties. 26 (f) The concurrence of fourthreemembers of the 27 Commission shall be necessary for a decision. The decision of 28 the Commission shall be final. 29 (g) The Commission shall adopt comprehensive rules to 30 ensure thatgoverningits procedures are fair and 31 appropriate. These rules and any amendments shall be public 32 and filed with the Secretary of State at least 30 days before 33 becoming effective. 34 (h) A member of the Commission shall disqualify himself 90SJ0068 Engrossed -6- SRS90SJ0024BWge 1 or herself, or the other members of the Commission shall 2 disqualify a member, with respect to any proceeding in which 3 disqualification or recusal would be required of a Judge 4 under rules of the Supreme Court, under rules of the 5 Commission, or by law. 6 If a Supreme Court Judge is the subject of a proceeding, 7 then there shall be no Supreme Court Judge sitting as a 8 member of the Commission with respect to that proceeding. 9 Instead, an alternate Appellate Court Judge not from the same 10 Judicial District as the subject Supreme Court Judge shall 11 replace the subject Supreme Court Judge. If a member who is 12 an Appellate Court Judge is the subject of a proceeding, then 13 an alternate Appellate Court Judge shall replace the subject 14 Appellate Court Judge. If an Appellate Court Judge who is not 15 a member is the subject of a proceeding and an Appellate 16 Court Judge from the same Judicial District is a member, then 17 an alternate Appellate Court Judge shall replace that member. 18 If a member who is a Circuit Judge is the subject of a 19 proceeding, then an alternate Circuit Judge shall replace the 20 subject Circuit Judge. If a Circuit Judge who is not a member 21 is the subject of a proceeding and a Circuit Judge from the 22 same Judicial District is a member, then an alternate Circuit 23 Judge shall replace that member. 24 If a member of the Commission is disqualified under this 25 Section with respect to any proceeding, that member shall be 26 replaced by an alternate on a rotating basis in a manner 27 provided by rule of the Commission. The alternate shall act 28 as member of the Commission with respect to that proceeding 29 only. 30 (i) The Commissionandshall have power to issue 31 subpoenas. 32 (j) Members and alternates of the Commission who are not 33 Judges shall receive per diem compensation and necessary 34 expenses; members and alternates who are Judges shall receive 90SJ0068 Engrossed -7- SRS90SJ0024BWge 1 necessary expenses only. The General Assembly shall provide 2 by law for the expenses and compensation of the Commission."; 3 and be it further 4 RESOLVED, That the brief explanation of the proposed 5 amendment shall read as follows: 6 "EXPLANATION OF PROPOSED AMENDMENT 7 The proposed amendment, which takes effect upon approval 8 by the voters, amends Section 15 of the Judiciary Article of 9 the 1970 Illinois Constitution. This section of the 10 Constitution includes provisions relating to the Illinois 11 Courts Commission, which hears complaints filed against 12 Judges by the Judicial Inquiry Board. 13 Currently, the Courts Commission consists of five members 14 (1 Supreme Court Justice appointed by the Supreme Court, 2 15 Appellate Court Justices appointed by the Appellate Court, 16 and 2 Circuit Court Judges appointed by the Supreme Court). 17 The proposed amendment adds two citizens appointed by the 18 Governor to the Courts Commission. The amendment prohibits 19 the participation of a member of the Courts Commission in any 20 proceeding when that participation is deemed inappropriate by 21 the rules of the Supreme Court, rules of the Courts 22 Commission, or by law. The proposed amendment provides that 23 no Supreme Court Justice may serve on the Courts Commission 24 in a proceeding concerning another Supreme Court Justice; no 25 Appellate Court Justice may serve on the Courts Commission in 26 a proceeding concerning another Appellate Court Justice from 27 the same Judicial District; and no Circuit Court Judge may 28 serve on the Courts Commission in a proceeding concerning 29 another Circuit Court Judge from the same Judicial District. 30 Alternate members are authorized to serve on the Courts 31 Commission when any member is ineligible to serve during a 32 proceeding. The proposed amendment also allows the members 90SJ0068 Engrossed -8- SRS90SJ0024BWge 1 of the Courts Commission to appoint a chairperson for a term 2 of 2 years."; and be it further 3 RESOLVED, That the brief argument in favor of the 4 proposed amendment shall read as follows: 5 "ARGUMENT IN FAVOR OF THE PROPOSED AMENDMENT 6 THIS AMENDMENT WILL ENHANCE THE CREDIBILITY OF THE COURTS 7 COMMISSION PROCEEDINGS. 8 Currently, only sitting Judges constitute the membership 9 of the Courts Commission. In both public perception and 10 practice the current Courts Commission is a body without any 11 public participation or involvement at any level. The public 12 is not involved in the appointment of the members of the 13 Courts Commission or in making Courts Commission decisions, 14 nor are these decisions widely circulated by the media. By 15 adding two private citizens to the Courts Commission, 16 representing the general public, the proposed amendment will 17 allow citizens to become a part of the process. The citizens 18 will serve as full voting members and will bring a fresh, 19 common-sense approach to these important proceedings and 20 allow for a well-balanced Courts Commission capable of 21 rendering fair and just decisions. Without public 22 participation in such matters, public faith and confidence in 23 the proceedings suffer. 24 THIS AMENDMENT WILL ENSURE THE IMPARTIALITY OF MEMBERS OF THE 25 COURTS COMMISSION BY CREATING A METHOD TO AVOID CONFLICTS OF 26 INTEREST. 27 Currently, all Judges in Illinois must disqualify 28 themselves from cases in which they have a personal interest, 29 financial interest, or any other conflict of interest. The 30 proposed amendment would place these same requirements on 31 members of the Courts Commission. Members of the Courts 90SJ0068 Engrossed -9- SRS90SJ0024BWge 1 Commission should not be involved in any proceeding where an 2 inherent conflict of interest may influence their decision. 3 The Courts Commission must be an independent and impartial 4 body capable of making decisions which are based upon facts. 5 The proposed amendment also provides for alternate members to 6 fill any position left vacant by a member who is ineligible 7 to serve during a proceeding. By not allowing members with 8 conflicts of interest to serve, this amendment adds 9 credibility to the Courts Commission's deliberations and 10 proceedings. 11 THIS AMENDMENT INSURES STATE-WIDE REPRESENTATION IN THE 12 COURTS COMMISSION. 13 Current constitutional provisions are silent as to 14 geographical representation of the Courts Commission, which 15 could result in all members residing in the same area of the 16 State. This amendment requires that the members and 17 alternates of the Courts Commission appointed from the 18 Appellate Court each be from a different Judicial District. 19 It makes the same requirement with regard to members and 20 alternates appointed from the Circuit Court. In effect, 21 this proposal provides for state-wide distribution of the 22 members of the Courts Commission. 23 THIS AMENDMENT PROMOTES A MORE DEMOCRATIC APPOINTMENT OF THE 24 CHAIRPERSON OF THE COURTS COMMISSION. 25 The Constitution currently provides that the chairperson 26 shall be the Supreme Court Justice serving on the Courts 27 Commission. The proposed amendment permits greater 28 participation by all members by permitting them to elect the 29 chairperson, who shall serve a two-year term. This proposed 30 change will provide the Courts Commission with greater 31 flexibility in regulating its own activities. The Circuit 32 Court Judges, Appellate Court Justices, and Supreme Court 90SJ0068 Engrossed -10- SRS90SJ0024BWge 1 Justices, as well as the public members, will have an equal 2 chance to serve as chairperson, with the opportunity to elect 3 a new chairperson every two years."; and be it further 4 RESOLVED, That the brief argument against the amendment 5 shall read as follows: 6 "ARGUMENT AGAINST THE PROPOSED AMENDMENT 7 THE ILLINOIS CONSTITUTION HAS A SYSTEM TO DISCIPLINE JUDGES. 8 The Illinois Constitution currently has a judicial 9 disciplinary system consisting of two parts. One, the 10 Judicial Inquiry Board receives, initiates, files, 11 investigates and prosecutes complaints concerning all 12 Illinois Judges. Two, the Courts Commission hears any 13 complaints filed by the Judicial Inquiry Board. The current 14 system provides for a sufficient means for reviewing the 15 conduct of Illinois Judges. Compelling reasons for change to 16 this system do not exist. 17 THE AMENDMENT WILL HARM THE COURTS COMMISSION'S INTEGRITY BY 18 POLITICIZING THE COMMISSION. 19 Although the proponents argue that two citizen members 20 would enhance integrity to the Illinois Courts Commission, it 21 could actually harm its integrity by politicizing the Courts 22 Commission. This Constitutional Amendment allows the 23 Governor to appoint two citizens to the Courts Commission 24 without the confirmation of the State Senate. Therefore, the 25 Governor could appoint two citizens of his or her own party 26 to the Courts Commission. These members could favor the 27 Governor who appointed them. As a result, these citizen 28 members could be influenced to vote in favor of Judges who 29 are members of the Governor's political party or for whom the 30 Governor has expressed support. 90SJ0068 Engrossed -11- SRS90SJ0024BWge 1 THIS AMENDMENT DOES NOT ALLOW THE SENATE TO CONFIRM THE 2 GOVERNOR'S APPOINTMENTS OF PUBLIC MEMBERS. 3 The inability of the Illinois State Senate to confirm or 4 reject these appointments contradicts other constitutional 5 provisions that require the Illinois State Senate to approve 6 gubernatorial appointees. This would eliminate an important 7 check on the Executive Branch of government, which helps to 8 ensure that unqualified individuals are not appointed to 9 commissions and boards like the Courts Commission. 10 THIS AMENDMENT MAY RESULT IN UNINFORMED DECISIONS. 11 The amendment provides only for the appointment of public 12 members to serve on the Courts Commission. The amendment 13 does not impose any special qualifications for these public 14 members. Because public members may not have the necessary 15 experience relating to the judiciary, there is an increased 16 chance that the Courts Commission decisions might not be made 17 in an informed manner. Also, decisions by other boards or 18 commissions consisting of public members that review the 19 conduct of other professionals in Illinois do not make final 20 decisions but often merely make recommendations to a 21 disciplinary board. If public members are added to the 22 Courts Commission, the same safeguard should be required. 23 The amendment fails to provide for review of decisions of the 24 Courts Commission by the Supreme Court of Illinois or by a 25 Special Tribunal consisting of Appellate Court Justices in 26 the event that a member of the Supreme Court is being 27 reviewed."; and be it further 28 RESOLVED, That the proposition shall appear on the ballot 29 in the following form: 30 "PROPOSED AMENDMENT TO 31 SECTION 15 OF ARTICLE VI 90SJ0068 Engrossed -12- SRS90SJ0024BWge 1 (The Judiciary) 2 Explanation of Proposed Amendment 3 The proposed amendment, which takes effect upon approval 4 by the voters, amends Section 15 of the Judiciary Article of 5 the 1970 Illinois Constitution. This section of the 6 Constitution includes provisions relating to the Illinois 7 Courts Commission, which hears complaints filed against 8 Judges by the Judicial Inquiry Board. 9 Currently, the Courts Commission consists of five members 10 (1 Supreme Court Justice appointed by the Supreme Court, 2 11 Appellate Court Justices appointed by the Appellate Court, 12 and 2 Circuit Court Judges appointed by the Supreme Court). 13 The proposed amendment adds two citizens appointed by the 14 Governor to the Courts Commission. The amendment prohibits 15 the participation of a member of the Courts Commission in any 16 proceeding when that participation is deemed inappropriate by 17 the rules of the Supreme Court, rules of the Courts 18 Commission, or by law. The proposed amendment provides that 19 no Supreme Court Justice may serve on the Courts Commission 20 in a proceeding concerning another Supreme Court Justice; no 21 Appellate Court Justice may serve on the Courts Commission in 22 a proceeding concerning another Appellate Court Justice from 23 the same Judicial District; and no Circuit Court Judge may 24 serve on the Courts Commission in a proceeding concerning 25 another Circuit Court Judge from the same Judicial District. 26 Alternate members are authorized to serve on the Courts 27 Commission when any member is ineligible to serve during a 28 proceeding. The proposed amendment also allows the members 29 of the Courts Commission to appoint a chairperson for a term 30 of 2 years. 31 ------------------------------------------------------------- 32 For the proposed amendment to YES 33 Section 15 of Article VI -- The -------------------------- 34 Judiciary -- of the Constitution NO 90SJ0068 Engrossed -13- SRS90SJ0024BWge 1 -----------------------------------------------------------"; 2 and be it further 3 RESOLVED, That this resolution and Senate Joint 4 Resolution Constitutional Amendment 52 be submitted to the 5 Attorney General and filed in the Office of the Secretary of 6 State so that they may comply with the requirements of the 7 Constitution and the laws of the State of Illinois.