Illinois General Assembly - Full Text of Public Act 094-0727
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Public Act 094-0727


 

Public Act 0727 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0727
 
SB1681 Enrolled LRB094 08103 LCB 38288 b

    AN ACT concerning courts.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Circuit Courts Act is amended by changing
Sections 2, 2f-1, 2f-2, 2f-4, and 2f-5 as follows:
 
    (705 ILCS 35/2)  (from Ch. 37, par. 72.2)
    Sec. 2. Circuit judges shall be elected at the general
elections and for terms as provided in Article VI of the
Illinois Constitution. Ninety-four circuit judges shall be
elected in the Circuit of Cook County and 3 circuit judges
shall be elected in each of the other circuits, but in circuits
other than Cook County containing a population of 230,000 or
more inhabitants and in which there is included a county
containing a population of 200,000 or more inhabitants, or in
circuits other than Cook County containing a population of
270,000 or more inhabitants, according to the last preceding
federal census and in the circuit where the seat of State
government is situated at the time fixed by law for the
nomination of judges of the Circuit Court in such circuit and
in any circuit which meets the requirements set out in Section
2a of this Act, 4 circuit judges shall be elected in the manner
provided by law. In circuits other than Cook County in which
each county in the circuit has a population of 475,000 or more,
4 circuit judges shall be elected in addition to the 4 circuit
judges provided for in this Section. In any circuit composed of
2 counties having a total population of 350,000 or more, one
circuit judge shall be elected in addition to the 4 circuit
judges provided for in this Section.
    Any additional circuit judgeships in the 19th and 22nd
judicial circuits resulting by operation of this Section shall
be filled, if at all, at the general election in 2006 only as
provided in Section 2f-1. Thereafter, however, this Section
shall not apply to the determination of the number of circuit
judgeships in the 19th and 22nd judicial circuits. The number
of circuit judgeships in the 19th judicial circuit shall be
determined thereafter in accordance with Section 2f-1 and
Section 2f-2 and shall be reduced in accordance with those
Sections. The number of circuit judgeships in the 22nd judicial
circuit shall be determined thereafter in accordance with
Section 2f-1 and Section 2f-5 and shall be reduced in
accordance with those Sections.
    Notwithstanding the provisions of this Section or any other
law, the number of at large judgeships of the 12th judicial
circuit may be reduced by one or 2 judgeships as provided in
subsection (a-10) of Section 2f-4.
    The several judges of the circuit courts of this State,
before entering upon the duties of their office, shall take and
subscribe the following oath or affirmation, which shall be
filed in the office of the Secretary of State:
    "I do solemnly swear (or affirm, as the case may be) that I
will support the constitution of the United States, and the
constitution of the State of Illinois, and that I will
faithfully discharge the duties of judge of.... court,
according to the best of my ability."
    One of the 3 additional circuit judgeships authorized by
this amendatory Act in circuits other than Cook County in which
each county in the circuit has a population of 475,000 or more
may be filled when this Act becomes law. The 2 remaining
circuit judgeships in such circuits shall not be filled until
on or after July 1, 1977.
(Source: P.A. 93-541, eff. 8-18-03.)
 
    (705 ILCS 35/2f-1)
    Sec. 2f-1. 19th and 22nd judicial circuits.
    (a) On December 4, 2006, the 19th judicial circuit is
divided into the 19th and 22nd judicial circuits as provided in
Section 1 of the Circuit Courts Act. This division does not
invalidate any action taken by the 19th judicial circuit or any
of its judges, officers, employees, or agents before December
4, 2006. This division does not affect any person's rights,
obligations, or duties, including applicable civil and
criminal penalties, arising out of any action taken by the 19th
judicial circuit or any of its judges, officers, employees, or
agents before December 4, 2006.
    (b) Of the 7 circuit judgeships elected at large in the
19th circuit before the general election in 2006, the Supreme
Court shall assign 5 to the 19th circuit and 2 to the 22nd
circuit, based on residency of the circuit judges then holding
those judgeships. The 5 assigned to the 19th circuit shall
continue to be elected at large. The 2 assigned to the 22nd
circuit shall continue to be elected at large.
    (b-5) Except as provided in subsection (b-10), the number
of at large judgeships of the 19th judicial circuit shall be
the number of at large judgeships assigned to the 19th judicial
circuit pursuant to subsection (b) plus only the judgeship
designated as vacancy A by the State Board of Elections filled
at the 2006 general election. If, before, on, or after the
effective date of this amendatory Act of the 94th General
Assembly, the State Board of Elections has certified or
certifies one or more candidates for a judgeship of the 19th
judicial circuit designated as vacancy B or C by the State
Board of Elections, then all such certifications are revoked
and are null and void by operation of law and the names of any
such candidates shall not appear upon the 2006 general primary
ballot or the 2006 general election ballot for any of those
judgeships. Except as provided in subsection (b-10), the number
of at large judgeships of the 22nd judicial circuit shall be
the number of at large judgeships assigned to the 22nd judicial
circuit pursuant to subsection (b) plus only the judgeship
designated as vacancy A by the State Board of Elections filled
at the 2006 general election. If, before, on, or after the
effective date of this amendatory Act of the 94th General
Assembly, the State Board of Elections has certified or
certifies one or more candidates for the judgeship of the 22nd
judicial circuit designated as vacancy B by the State Board of
Elections, then any such certifications are revoked and are
null and void by operation of law and the names of any such
candidates shall not appear upon the 2006 general primary
ballot or the 2006 general election ballot for that judgeship.
    (b-10) If this amendatory Act of the 94th General Assembly
is held unconstitutional and as a result the judgeships
designated by the State Board of Elections as vacancies A, B,
and C of the 19th judicial circuit are filled at the 2006
general election, then the number of at large judgeships of the
19th judicial circuit shall be only the number of at large
judgeships assigned to the 19th judicial circuit pursuant to
subsection (b). If this amendatory Act of the 94th General
Assembly is held unconstitutional and as a result the
judgeships designated by the State Board of Elections as
vacancies A and B of the 22nd judicial circuit are filled at
the 2006 general election, then the number of at large
judgeships of the 22nd judicial circuit shall be only the
number of at large judgeships assigned to the 22nd judicial
circuit pursuant to subsection (b).
    (b-15) If subsection (b-10) applies, then each vacancy
occurring in an at large judgeship of the 19th judicial circuit
on or after the holding of unconstitutionality shall not be
filled by any means and each of those vacant judgeships is
abolished, until the number of at large judgeships of the 19th
judicial circuit returns to the number of at large judgeships
specified for the 19th judicial circuit by subsection (b-10).
If subsection (b-10) applies, then each vacancy occurring in an
at large judgeship of the 22nd judicial circuit on or after the
holding of unconstitutionality shall not be filled by any means
and each of those vacant judgeships is abolished, until the
number of at large judgeships of the 22nd judicial circuit
returns to the number of at large judgeships specified for the
22nd judicial circuit by subsection (b-10).
    (c) The 6 resident judgeships elected from Lake County
before the general election in 2006 shall become resident
judgeships in the 19th circuit on December 4, 2006, and the 3
resident judgeships elected from McHenry County before the
general election in 2006 shall become resident judgeships in
the 22nd circuit on December 4, 2006.
    (d) On December 4, 2006, the Supreme Court shall allocate
the associate judgeships of the 19th circuit before that date
between the 19th and 22nd circuits based on the residency of
the associate judges; however, the number of associate judges
allocated to the 19th circuit shall be no less than the number
of associate judges residing in Lake County on March 22, 2004.
    (e) On December 4, 2006, the Supreme Court shall allocate
personnel, books, records, documents, property (real and
personal), funds, assets, liabilities, and pending matters
concerning the 19th circuit before that date between the 19th
and 22nd circuits based on the population and staffing needs of
those circuits and the efficient and proper administration of
the judicial system. The rights of employees under applicable
collective bargaining agreements are not affected by this
amendatory Act of the 93rd General Assembly.
    (f) The judgeships set forth in this Section include the
judgeships authorized under Sections 2g, 2h, and 2j. The
judgeships authorized in those Sections are not in addition to
those set forth in this Section.
(Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04.)
 
    (705 ILCS 35/2f-2)
    Sec. 2f-2. 19th judicial circuit; subcircuits.
    (a) The 19th circuit shall be divided into 6 subcircuits.
The subcircuits shall be compact, contiguous, and
substantially equal in population. The General Assembly by law
shall create the subcircuits, using population data as
determined by the 2000 federal census, and shall determine a
numerical order for the 6 subcircuits. That numerical order
shall be the basis for the order in which resident judgeships
are assigned to the subcircuits. Once a resident judgeship is
assigned to a subcircuit, it shall continue to be assigned to
that subcircuit for all purposes.
    (b) The 19th circuit shall have a total of 6 resident
judgeships. The number of resident judgeships allotted to
subcircuits of the 19th judicial circuit pursuant to this
Section shall constitute all the resident judgeships of the
19th judicial circuit.
    (c) The Supreme Court shall allot (i) all vacancies in
resident judgeships of the 19th circuit existing on or
occurring on or after the effective date of this amendatory Act
of the 93rd General Assembly and not filled at the 2004 general
election and (ii) the resident judgeships of the 19th circuit
filled at the 2004 general election as those judgeships
thereafter become vacant, for election from the various
subcircuits until there is one resident judge to be elected
from each subcircuit. No resident judge of the 19th circuit
serving on the effective date of this amendatory Act of the
93rd General Assembly shall be required to change his or her
residency in order to continue serving in office or to seek
retention in office as resident judgeships are allotted by the
Supreme Court in accordance with this Section.
    (d) A resident judge elected from a subcircuit shall
continue to reside in that subcircuit as long as he or she
holds that office.
    (e) Vacancies in resident judgeships of the 19th circuit
shall be filled in the manner provided in Article VI of the
Illinois Constitution.
(Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04;
93-1102, eff. 4-7-05.)
 
    (705 ILCS 35/2f-4)
    Sec. 2f-4. 12th circuit; subcircuits; additional judges.
    (a) The 12th circuit shall be divided into 5 subcircuits.
The subcircuits shall be compact, contiguous, and
substantially equal in population. The General Assembly by law
shall create the subcircuits, using population data as
determined by the 2000 federal census, and shall determine a
numerical order for the 5 subcircuits. That numerical order
shall be the basis for the order in which resident judgeships
are assigned to the subcircuits. Once a resident judgeship is
assigned to a subcircuit, it shall continue to be assigned to
that subcircuit for all purposes.
    (a-10) The first vacancy in the 12th judicial circuit's 10
existing circuit judgeships (8 at large and 2 resident), but
not in the additional judgeships described in subsections (b)
and (b-5), that exists on or after the effective date of this
amendatory Act of the 94th General Assembly shall not be
filled, by appointment or election, and that judgeship is
eliminated. Of the 12th judicial circuit's 10 existing circuit
judgeships (8 at large and 2 resident), but not the additional
judgeships described in subsections (b) and (b-5), the second
to be vacant or become vacant on or after the effective date of
this amendatory Act of the 94th General Assembly shall be
allotted as a 12th circuit resident judgeship under subsection
(c). Of the 12th circuit's 10 existing circuit judgeships (8 at
large and 2 resident), 2 shall be allotted as 12th circuit
resident judgeships under subsection (c) as the first 2 of any
of those at large and resident judgeships become vacant on or
after August 18, 2003. As used in this subsection, a vacancy
does not include the expiration of a term of an at large or
resident judge who seeks retention in that office at the next
term.
    (b) The 12th circuit shall have 3 additional resident
judgeships, as well as its 2 existing resident judgeship or
judgeships, and existing 8 at large judgeships, for a total of
12 13 judgeships available to be allotted under subsection (c)
to the 5 subcircuit resident judgeships. The additional
resident judgeship created by Public Act 93-541 shall be filled
by election beginning at the general election in 2006. The 2
additional resident judgeships created by this amendatory Act
of 2004 shall be filled by election beginning at the general
election in 2008. After the subcircuits are created by law, the
Supreme Court may fill by appointment the additional resident
judgeships created by Public Act 93-541 and this amendatory Act
of 2004 until the 2006 or 2008 general election, as the case
may be.
    (b-5) In addition to the number of circuit judges and
resident judges otherwise authorized by law, and
notwithstanding any other provision of law, beginning on April
1, 2006 there shall be one additional resident judge who is a
resident of and elected from the fourth judicial subcircuit of
the 12th judicial circuit. That additional resident judgeship
may be filled by appointment by the Supreme Court until filled
by election at the general election in 2008, regardless of
whether the judgeships for subcircuits 1, 2, and 3 have been
filled.
    (c) The Supreme Court shall allot (i) the additional
resident judgeships of the 12th circuit created by Public Act
93-541 and this amendatory Act of 2004, and (ii) the second
vacancy first 2 vacancies in the at large and resident
judgeships of the 12th circuit as provided in subsection
(a-10), for election from the various subcircuits until, with
the additional judge of the fourth subcircuit described in
subsection (b-5), there is one resident judge to be elected
from each subcircuit. No at large or resident judge of the 12th
circuit serving on August 18, 2003 shall be required to change
his or her residency in order to continue serving in office or
to seek retention in office as at large or resident judgeships
are allotted by the Supreme Court in accordance with this
Section.
    (d) A resident judge elected from a subcircuit shall
continue to reside in that subcircuit as long as he or she
holds that office.
    (e) Vacancies in resident judgeships of the 12th circuit
shall be filled in the manner provided in Article VI of the
Illinois Constitution.
(Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04;
93-1102, eff. 4-7-05.)
 
    (705 ILCS 35/2f-5)
    Sec. 2f-5. 22nd circuit; subcircuits; additional resident
judgeship.
    (a) The 22nd circuit shall be divided into 4 subcircuits.
The subcircuits shall be compact, contiguous, and
substantially equal in population. The General Assembly by law
shall create the subcircuits, using population data as
determined by the 2000 federal census, and shall determine a
numerical order for the 4 subcircuits. That numerical order
shall be the basis for the order in which resident judgeships
are assigned to the subcircuits. Once a resident judgeship is
assigned to a subcircuit, it shall continue to be assigned to
that subcircuit for all purposes.
    (b) The 22nd circuit shall have one additional resident
judgeship, as well as its 3 existing resident judgeships, for a
total of 4 resident judgeships to be allotted to the 4
subcircuit resident judgeships. The additional resident
judgeship created by this amendatory Act of the 93rd General
Assembly shall be filled by election beginning at the general
election in 2006 and shall not be filled by appointment before
the general election in 2006. The number of resident judgeships
allotted to subcircuits of the 22nd judicial circuit pursuant
to this Section shall constitute all the resident judgeships of
the 22nd judicial circuit.
    (c) The Supreme Court shall allot (i) all vacancies in
resident judgeships of the 22nd circuit existing on or
occurring on or after August 18, 2003 and not filled at the
2004 general election, (ii) the resident judgeships of the 22nd
circuit filled at the 2004 general election as those judgeships
thereafter become vacant, and (iii) the additional resident
judgeship of the 22nd circuit created by this amendatory Act of
the 93rd General Assembly, for election from the various
subcircuits until there is one resident judge to be elected
from each subcircuit. No resident judge of the 22nd circuit
serving on August 18, 2003 shall be required to change his or
her residency in order to continue serving in office or to seek
retention in office as resident judgeships are allotted by the
Supreme Court in accordance with this Section.
    (d) A resident judge elected from a subcircuit shall
continue to reside in that subcircuit as long as he or she
holds that office.
    (e) Vacancies in resident judgeships of the 22nd circuit
shall be filled in the manner provided in Article VI of the
Illinois Constitution.
(Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04;
93-1102, eff. 4-7-05.)
 
    Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 2/14/2006