[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
90_SJ0068sam001
LRB9012347WHcdam
1 AMENDMENT TO SENATE JOINT RESOLUTION 68
2 AMENDMENT NO. . Amend Senate Joint Resolution 68 on
3 page 1, by replacing lines 2 through 16 with the following:
4 "WHEREAS, The 90th General Assembly of the State of
5 Illinois has submitted Senate Joint Resolution Constitutional
6 Amendment 52, a proposition to amend the Illinois
7 Constitution, to the voters of Illinois at the November 1998
8 general election; and
9 WHEREAS, The Illinois Constitutional Amendment Act
10 requires the General Assembly to prepare a brief explanation
11 of the proposed amendment, a brief argument in favor of the
12 amendment, a brief argument against the amendment, and the
13 form in which the amendment will appear on the ballot, and
14 also requires the information be published and distributed to
15 the electorate; and
16 WHEREAS, Senate Joint Resolution 64 created a Joint
17 Committee on the Courts Commission Amendment to prepare the
18 foregoing information; therefore, be it
19 RESOLVED, BY THE SENATE OF THE NINETIETH GENERAL ASSEMBLY
20 OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES
21 CONCURRING HEREIN, that the present and proposed forms of
22 Section 15 of Article VI shall be published as follows:
-2- LRB9012347WHcdam
1 "PROPOSED AMENDMENT TO SECTION 15 OF ARTICLE VI
2 (The Judiciary)
3 ARTICLE VI
4 THE JUDICIARY
5 (Present Form)
6 SECTION 15. RETIREMENT - DISCIPLINE
7 (a) The General Assembly may provide by law for the
8 retirement of Judges and Associate Judges at a prescribed
9 age. Any retired Judge or Associate Judge, with his consent,
10 may be assigned by the Supreme Court to judicial service for
11 which he shall receive the applicable compensation in lieu of
12 retirement benefits. A retired Associate Judge may be
13 assigned only as an Associate Judge.
14 (b) A Judicial Inquiry Board is created. The Supreme
15 Court shall select two Circuit Judges as members and the
16 Governor shall appoint four persons who are not lawyers and
17 three lawyers as members of the Board. No more than two of
18 the lawyers and two of the non-lawyers appointed by the
19 Governor shall be members of the same political party. The
20 terms of Board members shall be four years. A vacancy on the
21 Board shall be filled for a full term in the manner the
22 original appointment was made. No member may serve on the
23 Board more than eight years.
24 (c) The Board shall be convened permanently, with
25 authority to conduct investigations, receive or initiate
26 complaints concerning a Judge or Associate Judge, and file
27 complaints with the Courts Commission. The Board shall not
28 file a complaint unless five members believe that a
29 reasonable basis exists (1) to charge the Judge or Associate
30 Judge with willful misconduct in office, persistent failure
31 to perform his duties, or other conduct that is prejudicial
32 to the administration of justice or that brings the judicial
-3- LRB9012347WHcdam
1 office into disrepute, or (2) to charge that the Judge or
2 Associate Judge is physically or mentally unable to perform
3 his duties. All proceedings of the Board shall be
4 confidential except the filing of a complaint with the Courts
5 Commission. The Board shall prosecute the complaint.
6 (d) The Board shall adopt rules governing its
7 procedures. It shall have subpoena power and authority to
8 appoint and direct its staff. Members of the Board who are
9 not Judges shall receive per diem compensation and necessary
10 expenses; members who are Judges shall receive necessary
11 expenses only. The General Assembly by law shall appropriate
12 funds for the operation of the Board.
13 (e) A Courts Commission is created consisting of one
14 Supreme Court Judge selected by that Court, who shall be its
15 chairman, two Appellate Court Judges selected by that Court,
16 and two Circuit Judges selected by the Supreme Court. The
17 Commission shall be convened permanently to hear complaints
18 filed by the Judicial Inquiry Board. The Commission shall
19 have authority after notice and public hearing, (1) to remove
20 from office, suspend without pay, censure or reprimand a
21 Judge or Associate Judge for willful misconduct in office,
22 persistent failure to perform his duties, or other conduct
23 that is prejudicial to the administration of justice or that
24 brings the judicial office into disrepute, or (2) to suspend,
25 with or without pay, or retire a Judge or Associate Judge who
26 is physically or mentally unable to perform his duties.
27 (f) The concurrence of three members of the Commission
28 shall be necessary for a decision. The decision of the
29 Commission shall be final.
30 (g) The Commission shall adopt rules governing its
31 procedures and shall have power to issue subpoenas. The
32 General Assembly shall provide by law for the expenses of the
33 Commission.
-4- LRB9012347WHcdam
1 ARTICLE VI
2 THE JUDICIARY
3 (Proposed Amendment)
4 (Proposed changes in the existing constitutional
5 provision are indicated by underscoring all new matter and by
6 crossing with a line all matter which is to be deleted.)
7 SECTION 15. RETIREMENT - DISCIPLINE
8 (a) The General Assembly may provide by law for the
9 retirement of Judges and Associate Judges at a prescribed
10 age. Any retired Judge or Associate Judge, with his or her
11 consent, may be assigned by the Supreme Court to judicial
12 service for which he or she shall receive the applicable
13 compensation in lieu of retirement benefits. A retired
14 Associate Judge may be assigned only as an Associate Judge.
15 (b) A Judicial Inquiry Board is created. The Supreme
16 Court shall select two Circuit Judges as members and the
17 Governor shall appoint four persons who are not lawyers and
18 three lawyers as members of the Board. No more than two of
19 the lawyers and two of the non-lawyers appointed by the
20 Governor shall be members of the same political party. The
21 terms of Board members shall be four years. A vacancy on the
22 Board shall be filled for a full term in the manner the
23 original appointment was made. No member may serve on the
24 Board more than eight years.
25 (c) The Board shall be convened permanently, with
26 authority to conduct investigations, receive or initiate
27 complaints concerning a Judge or Associate Judge, and file
28 complaints with the Courts Commission. The Board shall not
29 file a complaint unless five members believe that a
30 reasonable basis exists (1) to charge the Judge or Associate
31 Judge with willful misconduct in office, persistent failure
32 to perform his duties, or other conduct that is prejudicial
33 to the administration of justice or that brings the judicial
-5- LRB9012347WHcdam
1 office into disrepute, or (2) to charge that the Judge or
2 Associate Judge is physically or mentally unable to perform
3 his duties. All proceedings of the Board shall be
4 confidential except the filing of a complaint with the Courts
5 Commission. The Board shall prosecute the complaint.
6 (d) The Board shall adopt rules governing its
7 procedures. It shall have subpoena power and authority to
8 appoint and direct its staff. Members of the Board who are
9 not Judges shall receive per diem compensation and necessary
10 expenses; members who are Judges shall receive necessary
11 expenses only. The General Assembly by law shall appropriate
12 funds for the operation of the Board.
13 (e) An independent A Courts Commission is created
14 consisting of one Supreme Court Judge selected by that Court
15 as a member and one as an alternate, who shall be its
16 chairman, two Appellate Court Judges selected by that Court
17 as members and three as alternates, and two Circuit Judges
18 selected by the Supreme Court as members and three as
19 alternates, and two citizens selected by the Governor as
20 members and two as alternates. Members and alternates who are
21 Appellate Court Judges must each be from a different Judicial
22 District. Members and alternates who are Circuit Judges must
23 each be from a different Judicial District. Members and
24 alternates of the Commission shall not be members of the
25 Judicial Inquiry Board. The members of the Commission shall
26 select a chairperson to serve a two-year term.
27 The Commission shall be convened permanently to hear
28 complaints filed by the Judicial Inquiry Board. The
29 Commission shall have authority after notice and public
30 hearing, (1) to remove from office, suspend without pay,
31 censure or reprimand a Judge or Associate Judge for willful
32 misconduct in office, persistent failure to perform his or
33 her duties, or other conduct that is prejudicial to the
34 administration of justice or that brings the judicial office
-6- LRB9012347WHcdam
1 into disrepute, or (2) to suspend, with or without pay, or
2 retire a Judge or Associate Judge who is physically or
3 mentally unable to perform his or her duties.
4 (f) The concurrence of four three members of the
5 Commission shall be necessary for a decision. The decision of
6 the Commission shall be final.
7 (g) The Commission shall adopt comprehensive rules to
8 ensure that governing its procedures are fair and
9 appropriate. These rules and any amendments shall be public
10 and filed with the Secretary of State at least 30 days before
11 becoming effective.
12 (h) A member of the Commission shall disqualify himself
13 or herself, or the other members of the Commission shall
14 disqualify a member, with respect to any proceeding in which
15 disqualification or recusal would be required of a Judge
16 under rules of the Supreme Court, under rules of the
17 Commission, or by law.
18 If a Supreme Court Judge is the subject of a proceeding,
19 then there shall be no Supreme Court Judge sitting as a
20 member of the Commission with respect to that proceeding.
21 Instead, an alternate Appellate Court Judge not from the same
22 Judicial District as the subject Supreme Court Judge shall
23 replace the subject Supreme Court Judge. If a member who is
24 an Appellate Court Judge is the subject of a proceeding, then
25 an alternate Appellate Court Judge shall replace the subject
26 Appellate Court Judge. If an Appellate Court Judge who is not
27 a member is the subject of a proceeding and an Appellate
28 Court Judge from the same Judicial District is a member, then
29 an alternate Appellate Court Judge shall replace that member.
30 If a member who is a Circuit Judge is the subject of a
31 proceeding, then an alternate Circuit Judge shall replace the
32 subject Circuit Judge. If a Circuit Judge who is not a member
33 is the subject of a proceeding and a Circuit Judge from the
34 same Judicial District is a member, then an alternate Circuit
-7- LRB9012347WHcdam
1 Judge shall replace that member.
2 If a member of the Commission is disqualified under this
3 Section with respect to any proceeding, that member shall be
4 replaced by an alternate on a rotating basis in a manner
5 provided by rule of the Commission. The alternate shall act
6 as member of the Commission with respect to that proceeding
7 only.
8 (i) The Commission and shall have power to issue
9 subpoenas.
10 (j) Members and alternates of the Commission who are not
11 Judges shall receive per diem compensation and necessary
12 expenses; members and alternates who are Judges shall receive
13 necessary expenses only. The General Assembly shall provide
14 by law for the expenses and compensation of the Commission.";
15 and be it further
16 RESOLVED, That the brief explanation of the proposed
17 amendment shall read as follows:
18 "EXPLANATION OF PROPOSED AMENDMENT
19 The proposed amendment, which takes effect upon approval
20 by the voters, amends Section 15 of the Judiciary Article of
21 the 1970 Illinois Constitution. This section of the
22 Constitution includes provisions relating to the Illinois
23 Courts Commission, which hears complaints filed against
24 Judges by the Judicial Inquiry Board.
25 Currently, the Courts Commission consists of five members
26 (1 Supreme Court Justice appointed by the Supreme Court, 2
27 Appellate Court Justices appointed by the Appellate Court,
28 and 2 Circuit Court Judges appointed by the Supreme Court).
29 The proposed amendment adds two citizens appointed by the
30 Governor to the Courts Commission. The amendment prohibits
31 the participation of a member of the Courts Commission in any
32 proceeding when that participation is deemed inappropriate by
-8- LRB9012347WHcdam
1 the rules of the Supreme Court, rules of the Courts
2 Commission, or by law. The proposed amendment provides that
3 no Supreme Court Justice may serve on the Courts Commission
4 in a proceeding concerning another Supreme Court Justice; no
5 Appellate Court Justice may serve on the Courts Commission in
6 a proceeding concerning another Appellate Court Justice from
7 the same Judicial District; and no Circuit Court Judge may
8 serve on the Courts Commission in a proceeding concerning
9 another Circuit Court Judge from the same Judicial District.
10 Alternate members are authorized to serve on the Courts
11 Commission when any member is ineligible to serve during a
12 proceeding. The proposed amendment also allows the members
13 of the Courts Commission to appoint a chairperson for a term
14 of 2 years."; and be it further
15 RESOLVED, That the brief argument in favor of the
16 proposed amendment shall read as follows:
17 "ARGUMENT IN FAVOR OF THE PROPOSED AMENDMENT
18 THIS AMENDMENT WILL ENHANCE THE CREDIBILITY OF THE COURTS
19 COMMISSION PROCEEDINGS.
20 Currently, only sitting Judges constitute the membership
21 of the Courts Commission. In both public perception and
22 practice the current Courts Commission is a body without any
23 public participation or involvement at any level. The public
24 is not involved in the appointment of the members of the
25 Courts Commission or in making Courts Commission decisions,
26 nor are these decisions widely circulated by the media. By
27 adding two private citizens to the Courts Commission,
28 representing the general public, the proposed amendment will
29 allow citizens to become a part of the process. The citizens
30 will serve as full voting members and will bring a fresh,
31 common-sense approach to these important proceedings and
32 allow for a well-balanced Courts Commission capable of
-9- LRB9012347WHcdam
1 rendering fair and just decisions. Without public
2 participation in such matters, public faith and confidence in
3 the proceedings suffer.
4 THIS AMENDMENT WILL ENSURE THE IMPARTIALITY OF MEMBERS OF THE
5 COURTS COMMISSION BY CREATING A METHOD TO AVOID CONFLICTS OF
6 INTEREST.
7 Currently, all Judges in Illinois must disqualify
8 themselves from cases in which they have a personal interest,
9 financial interest, or any other conflict of interest. The
10 proposed amendment would place these same requirements on
11 members of the Courts Commission. Members of the Courts
12 Commission should not be involved in any proceeding where an
13 inherent conflict of interest may influence their decision.
14 The Courts Commission must be an independent and impartial
15 body capable of making decisions which are based upon facts.
16 The proposed amendment also provides for alternate members to
17 fill any position left vacant by a member who is ineligible
18 to serve during a proceeding. By not allowing members with
19 conflicts of interest to serve, this amendment adds
20 credibility to the Courts Commission's deliberations and
21 proceedings.
22 THIS AMENDMENT INSURES STATE-WIDE REPRESENTATION IN THE
23 COURTS COMMISSION.
24 Current constitutional provisions are silent as to
25 geographical representation of the Courts Commission, which
26 could result in all members residing in the same area of the
27 State. This amendment requires that the members and
28 alternates of the Courts Commission appointed from the
29 Appellate Court each be from a different Judicial District.
30 It makes the same requirement with regard to members and
31 alternates appointed from the Circuit Court. In effect,
32 this proposal provides for state-wide distribution of the
-10- LRB9012347WHcdam
1 members of the Courts Commission.
2 THIS AMENDMENT PROMOTES A MORE DEMOCRATIC APPOINTMENT OF THE
3 CHAIRPERSON OF THE COURTS COMMISSION.
4 The constitution currently provides that the chairperson
5 shall be the Supreme Court Justice serving on the Courts
6 Commission. The proposed amendment permits greater
7 participation by all members by permitting them to elect the
8 chairperson, who shall serve a two-year term. This proposed
9 change will provide the Courts Commission with greater
10 flexibility in regulating its own activities. The Circuit
11 Court Judges, Appellate Court Justices, and Supreme Court
12 Justices, as well as the public members, will have an equal
13 chance to serve as chairperson, with the opportunity to elect
14 a new chairperson every two years."; and be it further
15 RESOLVED, That the brief argument against the amendment
16 shall read as follows:
17 "ARGUMENT AGAINST THE PROPOSED AMENDMENT
18 THE ILLINOIS CONSTITUTION HAS A SYSTEM TO DISCIPLINE JUDGES.
19 The Illinois Constitution currently has a judicial
20 disciplinary system consisting of two parts. One, the
21 Judicial Inquiry Board receives, initiates, files,
22 investigates and prosecutes complaints concerning all
23 Illinois Judges. Two, the Courts Commission hears any
24 complaints filed by the Judicial Inquiry Board. The current
25 system provides for a sufficient means for reviewing the
26 conduct of Illinois Judges. Compelling reasons for change to
27 this system do not exist.
28 THE AMENDMENT WILL HARM THE COURTS COMMISSION'S INTEGRITY BY
29 POLITICIZING THE COMMISSION.
-11- LRB9012347WHcdam
1 Although the proponents argue that two citizen members
2 would enhance integrity to the Illinois Courts Commission, it
3 could actually harm its integrity by politicizing the Courts
4 Commission. This Constitutional Amendment allows the
5 Governor to appoint two citizens to the Courts Commission
6 without the confirmation of the State Senate. Therefore, the
7 Governor could appoint two citizens of his or her own party
8 to the Courts Commission. These members could favor the
9 Governor who appointed them. As a result, these citizen
10 members could be influenced to vote in favor of Judges who
11 are members of the Governor's political party or for whom the
12 Governor has expressed support.
13 THIS AMENDMENT DOES NOT ALLOW THE SENATE TO CONFIRM THE
14 GOVERNOR'S APPOINTMENTS OF PUBLIC MEMBERS.
15 The inability of the Illinois State Senate to confirm or
16 reject these appointments contradicts other constitutional
17 provisions that require the Illinois State Senate to approve
18 gubernatorial appointees. This would eliminate an important
19 check on the Executive Branch of government, which helps to
20 ensure that unqualified individuals are not appointed to
21 commissions and boards like the Courts Commission.
22 THIS AMENDMENT MAY RESULT IN UNINFORMED DECISIONS.
23 The amendment provides only for the appointment of public
24 members to serve on the Courts Commission. The amendment
25 does not impose any special qualifications for these public
26 members. Because public members may not have the necessary
27 experience relating to the judiciary, there is an increased
28 chance that the Courts Commission decisions might not be made
29 in an informed manner. Also, decisions by other boards or
30 commissions consisting of public members that review the
31 conduct of other professionals in Illinois do not make final
32 decisions but often merely make recommendations to a
-12- LRB9012347WHcdam
1 disciplinary board. If public members are added to the
2 Courts Commission, the same safeguard should be required.
3 The amendment fails to provide for review of decisions of the
4 Courts Commission by the Supreme Court of Illinois or by a
5 Special Tribunal consisting of Appellate Court Justices in
6 the event that a member of the Supreme Court is being
7 reviewed."; and be it further
8 RESOLVED, That the proposition shall appear on the ballot
9 in the following form:
10 "PROPOSED AMENDMENT TO
11 SECTION 15 OF ARTICLE VI
12 (The Judiciary)
13 Explanation of Proposed Amendment
14 The proposed amendment, which takes effect upon approval
15 by the voters, amends Section 15 of the Judiciary Article of
16 the 1970 Illinois Constitution. This section of the
17 Constitution includes provisions relating to the Illinois
18 Courts Commission, which hears complaints filed against
19 Judges by the Judicial Inquiry Board.
20 Currently, the Courts Commission consists of five members
21 (1 Supreme Court Justice appointed by the Supreme Court, 2
22 Appellate Court Justices appointed by the Appellate Court,
23 and 2 Circuit Court Judges appointed by the Supreme Court).
24 The proposed amendment adds two citizens appointed by the
25 Governor to the Courts Commission. The amendment prohibits
26 the participation of a member of the Courts Commission in any
27 proceeding when that participation is deemed inappropriate by
28 the rules of the Supreme Court, rules of the Courts
29 Commission, or by law. The proposed amendment provides that
30 no Supreme Court Justice may serve on the Courts Commission
31 in a proceeding concerning another Supreme Court Justice; no
32 Appellate Court Justice may serve on the Courts Commission in
33 a proceeding concerning another Appellate Court Justice from
-13- LRB9012347WHcdam
1 the same Judicial District; and no Circuit Court Judge may
2 serve on the Courts Commission in a proceeding concerning
3 another Circuit Court Judge from the same Judicial District.
4 Alternate members are authorized to serve on the Courts
5 Commission when any member is ineligible to serve during a
6 proceeding. The proposed amendment also allows the members
7 of the Courts Commission to appoint a chairperson for a term
8 of 2 years.
9 -------------------------------------------------------------
10 For the proposed amendment to YES
11 Section 15 of Article VI -- The --------------------------
12 Judiciary -- of the Constitution NO
13 -----------------------------------------------------------";
14 and be it further
15 RESOLVED, That this resolution and Senate Joint
16 Resolution Constitutional Amendment 52 be submitted to the
17 Attorney General and filed in the Office of the Secretary of
18 State so that they may comply with the requirements of the
19 Constitution and the laws of the State of Illinois.".