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Public Act 101-0477 |
HB2625 Enrolled | LRB101 08501 LNS 53578 b |
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Circuit Courts Act is amended by changing |
Sections 2f, 2f-2, 2f-4, 2f-5, 2f-6, and 2f-9 as follows:
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(705 ILCS 35/2f) (from Ch. 37, par. 72.2f)
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Sec. 2f. (a) The Circuit of Cook County shall be divided |
into 15
units to be known as subcircuits. The subcircuits shall |
be compact,
contiguous, and substantially equal in population.
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The General Assembly
shall create the subcircuits by law on or |
before
July 1, 1991, using population data as determined by the |
1990 Federal census.
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(a-5) In 2021, the General Assembly shall redraw the |
boundaries of the subcircuits to reflect the results of the |
2020 federal decennial census. The General Assembly shall |
redraw the subcircuit boundaries after every federal decennial |
census. The subcircuits shall be compact, contiguous, and |
substantially equal in population. In accordance with |
subsection (d), a resident judgeship assigned to a subcircuit |
shall continue to be assigned to that subcircuit. 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 a resident of the redrawn |
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subcircuit. |
(b) The 165 resident judges to be elected from the Circuit |
of Cook
County shall be determined under paragraph (4) of |
subsection (a) of Section 2 of the
Judicial Vacancies Act.
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(c) The Supreme Court shall allot (i) the additional |
resident judgeships
provided by paragraph (4) of subsection (a) |
of Section 2 of the Judicial Vacancies Act
and (ii) all |
vacancies in
resident judgeships existing on or occurring on or |
after the effective date
of this amendatory Act of 1990,
with |
respect to the other resident judgeships of the Circuit
of Cook |
County, for election from the various subcircuits until there |
are
11 resident judges to be
elected from each of the 15 |
subcircuits (for a total of 165). A resident
judgeship |
authorized before the effective date of this amendatory Act of
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1990 that became vacant and was filled by appointment by the |
Supreme Court
before that effective date shall be filled by |
election at the general
election in November of 1992 from the |
unit of the Circuit of Cook County
within Chicago or the unit |
of that Circuit outside Chicago, as the case may
be, in which |
the vacancy occurred.
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(d) As soon as practicable after the subcircuits are |
created by law, the
Supreme Court shall determine by lot a |
numerical order for the 15
subcircuits. That numerical order |
shall be the basis for the order in which resident
judgeships |
are assigned to the subcircuits. After the first round of
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assignments, the second and all later rounds shall be based on |
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the same
numerical order. Once a resident judgeship is assigned |
to a subcircuit,
it shall continue to be assigned to that |
subcircuit for all purposes.
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(e) 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.
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(Source: P.A. 95-610, eff. 9-11-07.)
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(705 ILCS 35/2f-2)
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Sec. 2f-2. 19th judicial circuit; subcircuits; additional |
judges.
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(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
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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
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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 |
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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 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.
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(a-3) In 2021, the General Assembly shall redraw the |
boundaries of the subcircuits to reflect the results of the |
2020 federal decennial census. The General Assembly shall |
redraw the subcircuit boundaries after every federal decennial |
census. The subcircuits shall be compact, contiguous, and |
substantially equal in population. In accordance with |
subsection (a), a resident judgeship assigned to a subcircuit |
shall continue to be assigned to that subcircuit. 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 a resident of the redrawn |
subcircuit. |
(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 |
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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. |
(b) 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.
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(c) The Supreme Court shall allot (i)
all vacancies in
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resident
judgeships of the 19th circuit existing on or |
occurring on or after the
effective date of this
amendatory Act
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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 become |
available, and (iv) the 3 resident judgeships added by |
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subsection (a-10), for election from the
various
subcircuits |
until there are 2 resident judges to be elected from each
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subcircuit.
No resident judge of the 19th circuit serving on
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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.
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(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.
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(e) Vacancies in resident judgeships of the 19th circuit |
shall be
filled
in the manner provided in Article VI of the |
Illinois Constitution.
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(Source: P.A. 95-610, eff. 9-11-07; 96-108, eff. 7-30-09.)
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(705 ILCS 35/2f-4)
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Sec. 2f-4. 12th circuit; subcircuits; additional judges.
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(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
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determined by the 2000 federal census, and
shall determine a |
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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.
The 5 resident judgeships to |
be assigned after the effective date of this amendatory Act of |
the 96th General Assembly shall be assigned to the 3rd, 4th, |
5th, 1st, and 2nd subcircuits, in that order. Once a resident |
judgeship is
assigned to a subcircuit, it shall continue to be
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assigned to
that subcircuit for all purposes.
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(a-5) In 2021, the General Assembly shall redraw the |
boundaries of the subcircuits to reflect the results of the |
2020 federal decennial census. The General Assembly shall |
redraw the subcircuit boundaries after every federal decennial |
census. The subcircuits shall be compact, contiguous, and |
substantially equal in population. In accordance with |
subsection (a), a resident judgeship assigned to a subcircuit |
shall continue to be assigned to that subcircuit. 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 a resident of the redrawn |
subcircuit. |
(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 |
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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). |
(a-15) Of the at large judgeships of the 12th judicial |
circuit not affected by subsection (a-10), the first 2 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 12th 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. |
(a-20) As used in subsections (a-10) and (a-15), 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.
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(b) The 12th circuit shall have 6 additional resident |
judgeships, as well
as
its existing resident judgeship as |
established in subsection (a-10), and existing at large |
judgeships, for a
total of 15 judgeships available to be |
allotted under subsection (c)
to the 10 subcircuit resident
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judgeships. The
additional resident
judgeship created
by |
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Public Act 93-541 shall be filled by election beginning at the
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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. The |
additional resident judgeships created by this amendatory Act |
of the 96th General Assembly shall be filled by election |
beginning at the general election in 2010. After the |
subcircuits are created by
law, the Supreme Court may fill by |
appointment the additional resident judgeships created by |
Public Act 93-541,
this
amendatory Act of 2004, and this |
amendatory Act of the 96th General Assembly until the 2006, |
2008, or 2010
general
election, as the case may be.
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(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, this amendatory Act of 2004, and this amendatory Act of |
the 96th General Assembly, (ii)
the second vacancy in the at |
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large and resident judgeships of the 12th
circuit as provided |
in subsection (a-10),
and (iii) the 2 formerly at large |
judgeships described in subsection (a-15) as they become |
available, for election from the
various
subcircuits until, |
with the additional judge of the fourth subcircuit described in |
subsection (b-5), there are 2 resident judges 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
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to seek retention in office as at large or resident judgeships |
are allotted by
the
Supreme Court in accordance with this |
Section.
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(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.
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(e) Vacancies in resident judgeships of the 12th circuit |
shall be filled
in the manner provided in Article VI of the |
Illinois Constitution, except as otherwise provided in this |
Section.
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(Source: P.A. 95-610, eff. 9-11-07; 96-108, eff. 7-30-09.)
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(705 ILCS 35/2f-5)
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Sec. 2f-5. 22nd circuit; subcircuits; additional resident |
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judgeship.
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(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
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assigned to a subcircuit, it shall continue to be
assigned to
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that subcircuit for all purposes.
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(a-5) In 2021, the General Assembly shall redraw the |
boundaries of the subcircuits to reflect the results of the |
2020 federal decennial census. The General Assembly shall |
redraw the subcircuit boundaries after every federal decennial |
census. The subcircuits shall be compact, contiguous, and |
substantially equal in population. In accordance with |
subsection (a), a resident judgeship assigned to a subcircuit |
shall continue to be assigned to that subcircuit. 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 a resident of the redrawn |
subcircuit. |
(b) Other than the resident judgeship added by this |
amendatory Act of the 96th General Assembly, the 22nd circuit |
shall have one additional resident judgeship, as well as its 3 |
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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, and the |
resident judgeship added by this amendatory Act of the 96th |
General Assembly, shall constitute all the resident judgeships |
of the 22nd judicial circuit.
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(c) The Supreme Court shall allot (i)
all eligible |
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
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to seek retention in office as resident judgeships are allotted |
by the
Supreme Court in accordance with this Section.
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(d) A resident judge elected from a subcircuit shall |
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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.
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(e) Vacancies in resident judgeships of the 22nd circuit |
shall be
filled
in the manner provided in Article VI of the |
Illinois Constitution.
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(Source: P.A. 95-610, eff. 9-11-07; 96-108, eff. 7-30-09.)
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(705 ILCS 35/2f-6) |
Sec. 2f-6. 17th judicial circuit; subcircuits. |
(a) The 17th 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
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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-5) In 2021, the General Assembly shall redraw the |
boundaries of the subcircuits to reflect the results of the |
2020 federal decennial census. The General Assembly shall |
redraw the subcircuit boundaries after every federal decennial |
|
census. The subcircuits shall be compact, contiguous, and |
substantially equal in population. In accordance with |
subsection (a), a resident judgeship assigned to a subcircuit |
shall continue to be assigned to that subcircuit. 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 a resident of the redrawn |
subcircuit. |
(a-10) Of the 17th circuit's 9 circuit judgeships existing |
on April 7, 2005 (6 at large and
3 resident), but not including |
the one resident judgeship added by this amendatory Act of the |
96th General Assembly, the 3 resident judgeships shall be |
allotted as 17th circuit resident judgeships under
subsection |
(c) as those resident judgeships
are or become vacant on or |
after the effective date of this amendatory Act of the 93rd |
General Assembly. Of the 17th circuit's associate judgeships, |
the first associate judgeship that is or becomes vacant on or |
after the effective date of this amendatory Act of the 93rd |
General Assembly shall become a resident judgeship of the 17th |
circuit to be allotted by the Supreme Court under subsection |
(c) as a resident subcircuit judgeship. These resident |
judgeships, and the one resident judgeship added by this |
amendatory Act of the 96th General Assembly, shall constitute |
all of the resident judgeships of the 17th circuit. As used in |
this subsection, a vacancy does not include the
expiration of a |
term of a resident judge who seeks
retention in that office at |
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the next term. A vacancy does not exist or occur at the |
expiration of an associate judge's term if the associate judge |
is reappointed.
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(b) The 17th circuit shall have a total of 4 judgeships (3 |
resident judgeships existing on April 7, 2005 and one associate |
judgeship), but not including the one resident judgeship added |
by this amendatory Act of the 96th General Assembly, available |
to be allotted to the 4 subcircuit resident judgeships.
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(c) The Supreme Court shall allot (i) the 3 resident
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judgeships of the 17th circuit existing on April 7, 2005 as |
they are or become vacant as provided in subsection (a-10) and |
(ii) the one associate judgeship converted into a resident |
judgeship of the 17th circuit as it is or becomes vacant as |
provided in subsection (a-10),
for election from the
various
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subcircuits until there is one resident judge to be elected |
from each
subcircuit.
No resident or associate judge of the |
17th 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
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to seek retention or reappointment in office as resident |
judgeships are allotted by the
Supreme Court in accordance with |
this Section.
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(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 |
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voter in the subcircuit to run for retention from the circuit |
at large thereafter.
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(e) Vacancies in resident judgeships of the 17th circuit |
shall be
filled
in the manner provided in Article VI of the |
Illinois Constitution.
|
(Source: P.A. 95-610, eff. 9-11-07; 96-108, eff. 7-30-09.) |
(705 ILCS 35/2f-9) |
Sec. 2f-9. 16th judicial circuit; subcircuits. |
(a) The 16th circuit shall be divided into 4 subcircuits. |
Subcircuits 1, 2, and 4 of the 16th circuit in existence on |
April 15, 2011 shall continue to use their established |
boundaries in the new 16th circuit as of December 3, 2012. |
Subcircuit 3 in existence on April 15, 2011 shall continue to |
use its established boundary until December 3, 2012. For a |
judge elected to subcircuit 3 as of April 15, 2011, the current |
boundaries in existence as of April 15, 2011 shall continue |
until the conclusion of the existing term of office, following |
the 2012 general election, and upon the conclusion of the |
existing term of office, the new boundary shall go into effect. |
The new boundary for subcircuit 3 shall contain and be made up |
of the following townships in the County of Kane, excluding the |
portions of the townships currently served by subcircuit 1, 2, |
or 4: Aurora, Blackberry, Big Rock, Burlington, Campton, |
Dundee, Elgin, Hampshire, Kaneville, Plato, Rutland, Sugar |
Grove, and Virgil. The
subcircuits shall be
compact, |
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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.
|
(a-5) In 2021, the General Assembly shall redraw the |
boundaries of the subcircuits to reflect the results of the |
2020 federal decennial census. The General Assembly shall |
redraw the subcircuit boundaries after every federal decennial |
census. The subcircuits shall be compact, contiguous, and |
substantially equal in population. In accordance with |
subsection (a), a resident judgeship assigned to a subcircuit |
shall continue to be assigned to that subcircuit. 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 a resident of the redrawn |
subcircuit. |
(b) (Blank).
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(c) No resident judge of the 16th 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 judgeships are allotted by the
Supreme Court in |
|
accordance with this Section.
No resident judge elected from a |
subcircuit serving on the effective date of this amendatory Act |
of the 97th General Assembly shall be required to change his or |
her residency in order to continue serving in or to seek |
retention in office until the 2012 general election, or until |
the conclusion of the existing term. |
(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.
A resident judge elected from a subcircuit |
after January 1, 2011, 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 16th circuit |
shall be
filled
in the manner provided in Article VI of the |
Illinois Constitution.
|
(Source: P.A. 96-108, eff. 7-30-09; 97-585, eff. 8-26-11.)
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