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Public Act 103-0597 |
HB4226 Enrolled | LRB103 33243 LNS 63052 b |
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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 |
Section 2f as follows: |
(705 ILCS 35/2f) (from Ch. 37, par. 72.2f) |
Sec. 2f. Circuit of Cook County. |
(a) Until December 2, 2024, the Circuit of Cook County |
shall be divided into 15 units to be known as subcircuits. On |
and after December 2, 2024, the Circuit of Cook County is |
divided into 20 subcircuits as drawn by the General Assembly. |
The subcircuits shall be compact, contiguous, and |
substantially equal in population. 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. |
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 subcircuit. |
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(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. |
(c) For resident judgeships to be filled by election on or |
before the 2022 general election, 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 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. |
(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 |
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; 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. No |
elected judge of the Circuit of Cook County 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 Section. |
(d-5) For resident judgeships to be filled by election on |
or after the 2024 general election, a vacancy of a resident |
judgeship to be elected from a subcircuit shall be allotted by |
the Supreme Court to the subcircuit created under the Judicial |
Circuits Districting Act of 2022 that numerically corresponds |
to the subcircuit from which the resident judgeship was |
previously allotted. For any resident judgeship to be elected |
from a subcircuit that was not previously allotted to a |
subcircuit, vacancies shall be allotted in numerical order to |
subcircuits created under the Judicial Circuits Districting |
Act of 2022 which numerically correspond to subcircuits that |
had less than 11 resident judges on January 7, 2022 until there |
are 11 resident judges to be elected from each of the |
respective subcircuits. Vacancies in associate judgeships |
authorized under Section 2(a) of the Associate Judges Act |
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occurring or after June 1, 2023 shall be converted to resident |
circuit judgeships and shall be allotted in numerical order to |
subcircuits Any vacancies in formerly associate judgeships |
converted to resident circuit judgeships in the Circuit of |
Cook County occurring on or after June 1, 2023 shall be |
allotted in numerical order to Judicial Subcircuits 16, 17, |
18, 19, and 20 , until there are 11 resident judges to be |
elected from each of those subcircuits (for a total of 55). |
Beginning with the 2024 election cycle, the The maximum number |
of formerly associate judgeship vacancies which shall be |
judgeships converted to resident circuit judgeships to which |
may be allotted to Judicial Subcircuits 16, 17, 18, 19, and 20 |
in an election cycle shall be 10 resident circuit 2 |
judgeships , with each subcircuit allotted no more than 2 |
resident circuit judgeships per election cycle. Any additional |
associate judgeship vacancies in excess of the maximum number |
per election cycle shall not be converted to resident circuit |
judgeships and shall be filled according to Supreme Court Rule |
39 until such time that a vacancy in the associate judgeship |
occurs. A vacancy occurs when an associate judge dies, |
resigns, retires, is removed, or is not reappointed upon the |
expiration of his or her term; a vacancy does not occur at the |
expiration of a term if the associate judge is reappointed. As |
used in this subsection, "election cycle" means the period |
that begins on the day following the last day to certify |
judicial vacancies for election at the next general election |
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and ends on the last day to certify judicial vacancies for |
election at the next general election, as provided in Section |
25-3 of the Election Code subcircuit . |
(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. |
(Source: P.A. 101-477, eff. 6-1-20; 102-668, eff. 11-15-21; |
102-693, eff. 1-7-22; 102-1126, eff. 2-10-23.) |
Section 10. The Associate Judges Act is amended by |
changing Section 2 as follows: |
(705 ILCS 45/2) (from Ch. 37, par. 160.2) |
Sec. 2. (a) The maximum number of associate judges |
authorized for each circuit is the greater of the applicable |
minimum number specified in this Section or one for each |
35,000 or fraction thereof in population as determined by the |
last preceding Federal census, except for circuits with a |
population of more than 3,000,000 where the maximum number of |
associate judges is one for each 29,000 or fraction thereof in |
population as determined by the last preceding federal census, |
reduced in circuits of less than 200,000 inhabitants by the |
number of resident circuit judges elected in the circuit in |
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excess of one per county, except that the maximum number of |
associate judges authorized for the 24th circuit shall be 3. |
In addition, in circuits of 1,000,000 or more inhabitants, |
there shall be one additional associate judge authorized for |
each municipal district of the circuit court. The number of |
associate judges to be appointed in each circuit, not to |
exceed the maximum authorized, shall be determined from time |
to time by the Circuit Court. The minimum number of associate |
judges authorized for any circuit consisting of a single |
county shall be 14, except that the minimum in the 22nd circuit |
shall be 8, the minimum in the 19th circuit on and after |
December 4, 2006 shall be 20, and the maximum number of |
associate judges in the 20th circuit on and after December 5, |
2022 shall be 12. The minimum number of associate judges |
authorized for any circuit consisting of 2 counties with a |
combined population of at least 275,000 but less than 300,000 |
shall be 10. The minimum number of associate judges authorized |
for any circuit with a population of at least 303,000 but not |
more than 309,000 shall be 10. The minimum number of associate |
judges authorized for any circuit with a population of at |
least 329,000, but not more than 349,999 shall be 11. The |
minimum number of associate judges authorized for any circuit |
with a population of at least 173,000 shall be 5. The number of |
associate judges authorized for a circuit shall not be reduced |
as a result of the 2020 federal decennial census. As used in |
this Section, the term "resident circuit judge" has the |
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meaning given it in the Judicial Vacancies Act. |
(b) The maximum number of associate judges authorized |
under subsection (a) for a circuit with a population of more |
than 3,000,000 shall be reduced as provided in this subsection |
(b). For each vacancy that exists on or occurs on or after the |
effective date of this amendatory Act of 1990, that maximum |
number shall be reduced by one until the total number of |
associate judges authorized under subsection (a) is reduced by |
60. A vacancy exists or occurs when an associate judge dies, |
resigns, retires, is removed, or is not reappointed upon |
expiration of his or her term; a vacancy does not exist or |
occur at the expiration of a term if the associate judge is |
reappointed. |
(b-5) The maximum number of associate judges authorized |
under subsection (a) for a circuit with a population of more |
than 3,000,000 shall be reduced as provided in this subsection |
(b-5). Vacancies in associate judgeships authorized under |
subsection (a) occurring on or after June 1, 2023 shall be |
converted to resident circuit judgeships and shall be allotted |
in numerical order to subcircuits 16, 17, 18, 19, and 20 Each |
associate judgeship vacancy that occurs on or after June 1, |
2023 shall be converted to a resident circuit judgeship and |
allotted to a subcircuit pursuant to subsection (d-5) of |
Section 2f of the Circuit Courts Act, with each subcircuit |
allotted no more than a total of 11 resident circuit |
judgeships. Each election cycle, beginning with the 2024 |
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election cycle, a maximum of 10 associate judgeship vacancies |
shall be converted to resident circuit judgeships pursuant to |
subsection (d-5) of Section 2f of the Circuit Courts Act and |
that maximum number shall be reduced by one until the total |
number of associate judges authorized under subsection (a) is |
reduced by 55. The maximum number of formerly associate |
judgeships which may be converted to resident circuit |
judgeships and which may be allotted to subcircuits 16, 17, |
18, 19, and 20 in an election cycle shall be 10 2 judgeships |
with each per subcircuit being allotted no more than 2 |
resident circuit judgeships per election cycle. Any additional |
associate judgeship vacancies in excess of the maximum number |
per election cycle shall not be converted to resident circuit |
judgeships and shall be filled according to Supreme Court Rule |
39 until such time that a vacancy in the associate judgeship |
occurs . A vacancy occurs when an associate judge dies, |
resigns, retires, is removed, or is not reappointed upon |
expiration of his or her term; a vacancy does not occur at the |
expiration of a term if the associate judge is reappointed. As |
used in this subsection, "election cycle" means the period |
that begins on the day following the last day to certify |
judicial vacancies for election at the next general election |
and ends on the last day to certify judicial vacancies for |
election at the next general election, as provided in Section |
25-3 of the Election Code. |
(c) The maximum number of associate judges authorized |
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under subsection (a) for the 17th judicial circuit shall be |
reduced as provided in this subsection (c). Due to the vacancy |
that exists on or after the effective date of this amendatory |
Act of the 93rd General Assembly in the associate judgeship |
that is converted into a resident judgeship under subsection |
(a-10) of Section 2f-6 of the Circuit Courts Act, the maximum |
number of judges authorized under subsection (a) of this |
Section shall be reduced by one. A vacancy exists or occurs |
when an associate judge dies, resigns, retires, is removed, or |
is not reappointed upon expiration of his or her term; a |
vacancy does not exist or occur at the expiration of a term if |
the associate judge is reappointed. |
(d) The maximum number of associate judges authorized |
under subsection (a) for the 23rd judicial circuit shall be |
reduced as provided in this subsection (d). Due to the vacancy |
that exists on or after the effective date of this amendatory |
Act of the 98th General Assembly in the associate judgeship |
that is converted into a resident judgeship under subsection |
(k) of Section 2f-10 of the Circuit Courts Act, the maximum |
number of judges authorized under subsection (a) of this |
Section shall be reduced by one. |
(Source: P.A. 102-693, eff. 1-7-22; 102-1126, eff. 2-10-23.) |
Section 15. The Court Reporters Act is amended by changing |
Section 7 as follows: |
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(705 ILCS 70/7) (from Ch. 37, par. 657) |
Sec. 7. Proficiency tests. Each court reporter may be |
required by the chief judge to shall take a test to verify his |
or her proficiency within one year of employment. The test |
shall be prepared and administered by the employer |
representative in consultation with each of the other employer |
representatives pursuant to standards set by rules. A |
proficiency test passed prior to employment may be accepted by |
the chief judge as proof of proficiency. |
(Source: P.A. 101-581, eff. 1-1-20 .) |
Section 99. Effective date. This Act takes effect upon |
becoming law. |