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Public Act 104-0809
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| SB2784 Enrolled | LRB104 16465 JRC 29858 b |
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Circuit Courts Act is amended by changing |
Sections 2f-2 and 2f-14 as follows:
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(705 ILCS 35/2f-2) |
Sec. 2f-2. 19th judicial circuit; subcircuits; additional |
judges. |
(a) Prior to December 5, 2022, 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. The 6 |
resident judgeships to be assigned that are not added by or |
converted from at-large judgeships as provided in this |
amendatory Act of the 96th General Assembly shall be assigned |
to the 1st, 2nd, 3rd, 4th, 5th, and 6th subcircuits, in that |
order. The 6 resident judgeships to be assigned that are added |
by or converted from at-large judgeships as provided in this |
amendatory Act of the 96th General Assembly shall be assigned |
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to the 6th, 5th, 4th, 3rd, 2nd, and 1st subcircuits, in that |
order. Once a resident judgeship is assigned to a subcircuit, |
it shall continue to be assigned to that subcircuit for all |
purposes; provided that a resident judge elected from a |
subcircuit seeking retention shall run for retention at large |
in the circuit in accordance with Article VI, Section 12(d) of |
the Illinois Constitution. |
(a-3) On and after December 5, 2022, the 19th circuit is |
divided into 12 subcircuits. Beginning in 2031, the General |
Assembly shall, in the year following each federal decennial |
census, redraw the boundaries of the subcircuits to reflect |
the results of the most recent federal decennial census. The |
subcircuits shall be compact, contiguous, and substantially |
equal in population. Once a judgeship is assigned to a |
subcircuit or an at-large judgeship is converted to a resident |
judgeship and assigned to a subcircuit, it shall be assigned |
to that subcircuit for all purposes; provided that a resident |
judge elected from a subcircuit seeking retention shall run |
for retention at large in the circuit in accordance with |
Article VI, Section 12(d) of the Illinois Constitution. Any |
vacancy in a resident judgeship existing on or occurring after |
the effective date of a law redrawing the boundaries of the |
subcircuits shall be filled by election by a resident of the |
redrawn subcircuit. When a vacancy occurs in a resident |
judgeship, the resident judgeship shall be allotted by the |
Supreme Court under subsection (c) and filled by election. |
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(a-5) Of the at-large judgeships of the 19th judicial |
circuit, the first 3 that are or become vacant on or after the |
effective date of this amendatory Act of the 96th General |
Assembly shall become resident judgeships of the 19th judicial |
circuit to be allotted by the Supreme Court under subsection |
(c) and filled by election, except that the Supreme Court may |
fill those judgeships by appointment for any remainder of a |
vacated term until the resident judgeships are filled |
initially by election. As used in this subsection, a vacancy |
does not include the expiration of a term of an at-large judge |
who seeks retention in that office at the next term. |
(a-10) The 19th judicial circuit shall have 3 additional |
resident judgeships to be allotted by the Supreme Court under |
subsection (c). One of the additional resident judgeships |
shall be filled by election beginning at the 2010 general |
election. Two of the additional resident judgeships shall be |
filled by election beginning at the 2012 general election. |
(a-15) On and after January 7, 2022, each at-large |
judgeship of the 19th judicial circuit existing on January 7, |
2022 shall be converted to a resident judgeship as it is or |
becomes vacant and shall be allotted by the Supreme Court |
according to subsection (c) of this Section. It is the intent |
of the General Assembly not to create any additional |
judgeships in the 19th judicial circuit by this amendatory Act |
of the 102nd General Assembly. Notwithstanding any other |
provision of law to the contrary, the conversion of at-large |
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judgeships to resident judgeships under this subsection shall |
not entitle the 19th judicial circuit to any additional |
circuit judgeships elected at-large. |
(a-20) Any judgeship that became vacant after January 1, |
2020 and on June 1, 2020 (the effective date of Public Act |
102-380) is held by an individual appointed by the Supreme |
Court also shall be filled by election at the 2022 general |
election. |
(b) Prior to December 5, 2022, the 19th circuit shall have |
a total of 12 resident judgeships (6 resident judgeships |
existing on the effective date of this amendatory Act of the |
96th General Assembly, 3 formerly at-large judgeships as |
provided in subsection (a-5), and 3 resident judgeships added |
by subsection (a-10)). 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) Prior to January 7, 2022 (the effective date of Public |
Act 102-693), 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, (ii) the resident judgeships of the 19th |
circuit filled at the 2004 general election as those |
judgeships thereafter become vacant, (iii) the 3 formerly |
at-large judgeships described in subsection (a-5) as they |
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become available, (iv) the 3 resident judgeships added by |
subsection (a-10), and (v) the additional resident judgeships |
provided for by subsection (a-3), for election from the |
various subcircuits until there are 2 resident judges to be |
elected from each subcircuit. On and after January 7, 2022, |
the Supreme Court shall allot all vacancies in the 16 15 |
resident judgeships of the 19th circuit (the 13 12 resident |
judgeships existing on January 7, 2022 and the 3 formerly |
at-large judgeships converted under subsection (a-15)) for |
election from the various subcircuits created by Public Act |
102-693 in numerical order until there is one resident judge |
to be elected from each subcircuit, except the 1st, 2nd, and |
3rd, and 4th subcircuits which shall have 2 resident judges |
each; provided that the first vacancy shall be allotted to the |
12th subcircuit, that the second vacancy shall be allotted to |
the 3rd subcircuit, that the third vacancy shall be allotted |
to the 4th subcircuit, that the fourth vacancy shall be |
allotted to the 2nd subcircuit, that the fifth vacancy shall |
be allotted to the 1st subcircuit, and the sixth vacancy shall |
be allotted to the 3rd subcircuit. Following these allotments, |
judicial vacancies shall be allotted in numerical order |
starting with the 5th subcircuit. No resident judge of the |
19th circuit serving on January 7, 2022 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 |
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Section. |
(c-5) If 2 or more judgeships in the same subcircuit are to |
be filled at the same election under this Section, the State |
Board of Elections shall designate those vacancies |
alphabetically. |
(d) A resident judge elected from a subcircuit shall |
continue to reside in that subcircuit as long as he or she |
holds that office. A resident judge elected from a subcircuit |
after January 1, 2008, must retain residency as a registered |
voter in the subcircuit to run for retention from the circuit |
at-large thereafter. |
(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. 101-477, eff. 6-1-20; 102-380, eff. 8-13-21; |
102-668, eff. 11-15-21; 102-693, eff. 1-7-22; 102-1126, eff. |
2-10-23.)
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(705 ILCS 35/2f-14) |
Sec. 2f-14. 6th judicial circuit; resident judgeships. |
(a) The at-large judgeships of the 6th judicial circuit |
existing on January 7, 2022 shall be converted to resident |
judgeships as provided in this subsection as those judgeships |
are or become vacant. When a vacancy occurs in an at-large |
judgeship of the 6th judicial circuit, the at-large judgeship |
shall be converted to a resident judgeship for either |
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Champaign County or Macon County, depending on which of those |
2 counties the incumbent at-large circuit judge resided in |
when the incumbent judge was elected. The first 3 that become |
vacant after January 7, 2022 (the effective date of Public Act |
102-693) shall be converted to resident judgeships elected |
from Champaign County. The remaining two at-large judgeships |
that become vacant shall be converted to resident judgeships |
elected from Macon County. Thereafter, persons elected to |
those resident judgeships shall be residents of the county |
which elects them. |
(b) It is the intent of the General Assembly not to create |
any additional judgeships in the 6th judicial circuit by |
Public Act 102-693 and this amendatory Act of the 102nd |
General Assembly. Notwithstanding any other provision of law |
to the contrary, the conversion of at-large judgeships to |
resident judgeships under subsection (a) of this Section shall |
not entitle the 6th judicial circuit to any additional circuit |
judgeships elected at-large. |
(Source: P.A. 102-693, eff. 1-7-22; 102-1126, eff. 2-10-23.)
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Section 10. The Associate Judges Act is amended by adding |
Section 2.6 as follows:
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(705 ILCS 45/2.6 new) |
Sec. 2.6. Additional associate judge; 7th circuit. In |
addition to the number of associate judges authorized under |