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91_HB1854eng
HB1854 Engrossed LRB9103379DJcd
1 AN ACT to amend the Judicial Vacancies Act by changing
2 Section 2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Judicial Vacancies Act is amended by
6 changing Section 2 as follows:
7 (705 ILCS 40/2) (from Ch. 37, par. 72.42)
8 Sec. 2. Vacancies in office of judge.
9 (a) Except as provided in paragraphs (1), (2), (3) and
10 (4) of this subsection (a), vacancies in the office of a
11 resident circuit judge in any county or in any unit or
12 subcircuit of any circuit shall not be filled.
13 (1) If in any county of less than 45,000
14 inhabitants there remains in office no other resident
15 judge following the occurrence of a vacancy, such vacancy
16 shall be filled.
17 (2) If in any county of 45,000 or more but less
18 than 60,000 inhabitants there remains in office only one
19 resident judge following the occurrence of a vacancy,
20 such vacancy shall be filled.
21 (3) If in any county of 60,000 or more inhabitants,
22 other than the County of Cook, there remain in office no
23 more than 2 resident judges following the occurrence of a
24 vacancy, such vacancy shall be filled.
25 (4) The County of Cook shall have 165 resident
26 judges on and after the effective date of this amendatory
27 Act of 1990. Of those resident judgeships, (i) 56 shall
28 be those authorized before the effective date of this
29 amendatory Act of 1990 from the unit of the Circuit of
30 Cook County within Chicago, (ii) 27 shall be those
31 authorized before the effective date of this amendatory
HB1854 Engrossed -2- LRB9103379DJcd
1 Act of 1990 from the unit of the Circuit of Cook County
2 outside Chicago, (iii) 12 shall be additional resident
3 judgeships first elected at the general election in
4 November of 1992, (iv) 10 shall be additional resident
5 judgeships first elected at the general election in
6 November of 1994, and (v) 60 shall be additional resident
7 judgeships to be authorized one each for each reduction
8 upon vacancy in the office of associate judge in the
9 Circuit of Cook County as those vacancies exist or occur
10 on and after the effective date of this amendatory Act of
11 1990 and as those vacancies are determined under
12 subsection (b) of Section 2 of the Associate Judges Act
13 until the total resident judgeships authorized under this
14 item (v) is 60. Seven of the 12 additional resident
15 judgeships provided in item (iii) may be filled by
16 appointment by the Supreme Court during the period
17 beginning on the effective date of this amendatory Act of
18 1990 and ending 60 days before the primary election in
19 March of 1992; those judicial appointees shall serve
20 until the first Monday in December of 1992. Five of the
21 12 additional resident judgeships provided in item (iii)
22 may be filled by appointment by the Supreme Court during
23 the period beginning July 1, 1991 and ending 60 days
24 before the primary election in March of 1992; those
25 judicial appointees shall serve until the first Monday in
26 December of 1992. Five of the 10 additional resident
27 judgeships provided in item (iv) may be filled by
28 appointment by the Supreme Court during the period
29 beginning July 1, 1992 and ending 60 days before the
30 primary election in March of 1994; those judicial
31 appointees shall serve until the first Monday in December
32 of 1994. The remaining 5 of the 10 additional resident
33 judgeships provided in item (iv) may be filled by
34 appointment by the Supreme Court during the period
HB1854 Engrossed -3- LRB9103379DJcd
1 beginning July 1, 1993 and ending 60 days before the
2 primary election in March of 1994; those judicial
3 appointees shall serve until the first Monday in December
4 1994. The additional resident judgeships created upon
5 vacancy in the office of associate judge provided in item
6 (v) may be filled by appointment by the Supreme Court
7 beginning on the effective date of this amendatory Act of
8 1990; but no additional resident judgeships created upon
9 vacancy in the office of associate judge provided in item
10 (v) shall be filled during the 59 day period before the
11 next primary election to nominate judges. The Circuit of
12 Cook County shall be divided into units to be known as
13 subcircuits as provided in Section 2f of the Circuit
14 Courts Act. A vacancy in the office of resident judge of
15 the Circuit of Cook County existing on or occurring on or
16 after the effective date of this amendatory Act of 1990,
17 but before the date the subcircuits are created by law,
18 shall be filled by appointment by the Supreme Court from
19 the unit within Chicago or the unit outside Chicago, as
20 the case may be, in which the vacancy occurs and filled
21 by election from the subcircuit to which it is allotted
22 under Section 2f of the Circuit Courts Act. A vacancy in
23 the office of resident judge of the Circuit of Cook
24 County existing on or occurring on or after the date the
25 subcircuits are created by law shall be filled by
26 appointment by the Supreme Court and by election from the
27 subcircuit to which it is allotted under Section 2f of
28 the Circuit Courts Act.
29 (b) Nothing in paragraphs (2) or (3) of subsection (a)
30 of this Section shall be construed to require or permit in
31 any county a greater number of resident judges than there
32 were resident associate judges on January 1, 1967.
33 (c) Vacancies authorized to be filled by this Section 2
34 shall be filled in the manner provided in Article VI of the
HB1854 Engrossed -4- LRB9103379DJcd
1 Constitution.
2 (d) A person appointed to fill a vacancy in the office
3 of circuit judge shall be, at the time of appointment, a
4 resident of the subcircuit from which the person whose
5 vacancy is being filled was elected if the vacancy occurred
6 in Cook County. If a vacancy in the office of circuit judge
7 occurred in a circuit other than Cook County, a person
8 appointed to fill the vacancy shall be, at the time of
9 appointment, a resident of the circuit from which the person
10 whose vacancy is being filled was elected. If a vacancy
11 occurred in the office of a resident circuit judge, a person
12 appointed to fill the vacancy shall be, at the time of
13 appointment, a resident of the county from which the person
14 whose vacancy is being filled was elected.
15 (Source: P.A. 90-342, eff. 8-8-97.)
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