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Public Act 096-0108 |
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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 2, 2f-1, 2f-2, 2f-4, 2f-5, 2f-6, and 2f-9 and by | ||||
adding Sections 2k, 2m, 2n, 2p, 2q, and 2r as follows:
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(705 ILCS 35/2) (from Ch. 37, par. 72.2)
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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
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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.
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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.
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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 | ||
subsections subsection (a-10) and (a-15) of Section 2f-4.
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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:
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"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."
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One of the 3 additional circuit judgeships authorized by
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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.
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(Source: P.A. 93-541, eff. 8-18-03; 94-727, eff. 2-14-06.)
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(705 ILCS 35/2f-1)
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Sec. 2f-1. 19th and 22nd judicial circuits.
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(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
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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.
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(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 , except those at large | ||
judgeships that become resident judgeships as provided in | ||
subsection (a-5) of Section 2f-2 .
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 specified for 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 specified for 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).
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(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
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general
election in 2006 shall become resident judgeships in | ||
the 22nd circuit on
December 4,
2006.
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(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.
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(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
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collective bargaining agreements are not affected by this | ||
amendatory Act of the
93rd
General Assembly.
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(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.
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(Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04; | ||
94-727, eff. 2-14-06.)
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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 | ||
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-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. | ||
(b) The 19th circuit shall have a total of 12 6 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 ,
and (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 | ||
subsection (a-10), for election from the
various
subcircuits | ||
until there are 2 resident judges 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
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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. 94-727, eff. 2-14-06; 95-610, eff. 9-11-07.)
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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 | ||
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-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). | ||
(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) 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.
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(b) The 12th circuit shall have 6 3 additional resident | ||
judgeships, as well
as
its existing resident judgeship as | ||
established in subsection (a-10) or
judgeships , and existing at | ||
large judgeships, for a
total of 15 12 judgeships available to | ||
be allotted under subsection (c)
to the 10 5 subcircuit | ||
resident
judgeships. The
additional resident
judgeship created
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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. | ||
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 , and
this
amendatory Act of 2004 , and this | ||
amendatory Act of the 96th General Assembly until the 2006 , or | ||
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 , and this amendatory Act of 2004, and this amendatory | ||
Act of the 96th General Assembly, and (ii)
the second vacancy | ||
in the at 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 is one resident judges judge to | ||
be elected from each
subcircuit. No at large or resident judge | ||
of the 12th circuit serving on
August 18, 2003 shall be
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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.
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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. 94-727, eff. 2-14-06; 95-610, eff. 9-11-07.)
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(705 ILCS 35/2f-5)
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Sec. 2f-5. 22nd circuit; subcircuits; additional resident | ||
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
| ||
assigned to a subcircuit, it shall continue to be
assigned to
| ||
that subcircuit for all purposes.
| ||
(b) Other than the resident judgeship added by this | ||
amendatory Act of the 96th General Assembly, the 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 , 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.
| ||
(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
| ||
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. 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.
| ||
(Source: P.A. 94-727, eff. 2-14-06; 95-610, eff. 9-11-07.)
| ||
(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
| ||
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) Of the 17th circuit's 9 existing 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 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.
| ||
(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.
| ||
(c) The Supreme Court shall allot (i) the 3 resident
| ||
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
| ||
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
| ||
to seek retention or reappointment 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.
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 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.) | ||
(705 ILCS 35/2f-9) | ||
Sec. 2f-9. 16th judicial circuit; subcircuits. | ||
(a) The 16th 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.
| ||
(b) Of the 16th circuit's 16 existing circuit judgeships | ||
existing on April 7, 2005 (7 at large and
9 resident), but not | ||
including the 3 resident judgeships added by this amendatory | ||
Act of the 96th General Assembly, 5 of the 9 resident | ||
judgeships shall be allotted as 16th circuit resident | ||
judgeships under
subsection (c) as (i) the first resident | ||
judgeship of DeKalb County, (ii) the first resident judgeship | ||
of Kendall County, and (iii) the first 2 resident judgeships
of | ||
Kane County are or become vacant on or after the effective date | ||
of this amendatory Act of the 93rd General Assembly, and (iv) | ||
the first resident judgeship of Kane County (in addition to the | ||
2 vacancies under item (iii)) is or becomes vacant after the | ||
effective date of this amendatory Act of the 94th General | ||
Assembly. These 5 resident subcircuit judgeships and the | ||
remaining 7 4 resident judgeships shall constitute all of the | ||
resident judgeships of the 16th 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 the | ||
next term.
| ||
(c) The Supreme Court shall allot the first eligible DeKalb | ||
County vacancy, the first eligible Kendall County vacancy, and | ||
the first 3 eligible Kane County vacancies in resident | ||
judgeships of the 16th circuit as provided in subsection (b),
| ||
for election from the
various
subcircuits. The judgeships shall |
be assigned to the subcircuits based upon the numerical order | ||
of the 5 subcircuits. 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.
| ||
(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 16th circuit | ||
shall be
filled
in the manner provided in Article VI of the | ||
Illinois Constitution.
| ||
(Source: P.A. 94-3, eff. 5-31-05; 95-610, eff. 9-11-07.) | ||
(705 ILCS 35/2k new)
| ||
Sec. 2k. Additional 16th circuit resident judge; Kane | ||
County. In addition to the number of circuit judges otherwise | ||
authorized by this Act, there shall be one additional judge | ||
elected in the 16th judicial circuit who shall be a resident of | ||
and elected from Kane County. The additional resident circuit | ||
judgeship created by this Section may be filled by appointment | ||
by the Illinois Supreme Court until the judgeship is filled by |
election beginning at the 2010 general election. The judgeship | ||
provided by this Section shall not be a subcircuit judgeship. | ||
(705 ILCS 35/2m new)
| ||
Sec. 2m. Additional 16th circuit resident judge; DeKalb | ||
County. In addition to the number of circuit judges otherwise | ||
authorized by this Act, there shall be one additional judge | ||
elected in the 16th judicial circuit who shall be a resident of | ||
and elected from DeKalb County. The additional resident circuit | ||
judgeship created by this Section may be filled by appointment | ||
by the Illinois Supreme Court until the judgeship is filled by | ||
election beginning at the 2010 general election. The judgeship | ||
provided by this Section shall not be a subcircuit judgeship. | ||
(705 ILCS 35/2n new) | ||
Sec. 2n. Additional 16th circuit resident judge; Kendall | ||
County. In addition to the number of circuit judges otherwise | ||
authorized by this Act, there shall be one additional judge | ||
elected in the 16th judicial circuit who shall be a resident of | ||
and elected from Kendall County. The additional resident | ||
circuit judgeship created by this Section may be filled by | ||
appointment by the Illinois Supreme Court until the judgeship | ||
is filled by election beginning at the 2010 general election. | ||
The judgeship provided by this Section shall not be a | ||
subcircuit judgeship. |
(705 ILCS 35/2p new)
| ||
Sec. 2p. Additional 13th circuit resident judge; Grundy | ||
County. In addition to the number of circuit judges otherwise | ||
authorized by this Act, there shall be one additional circuit | ||
judge in the
13th circuit who shall be a resident of and | ||
elected from Grundy County. The judgeship shall be filled by | ||
appointment until it is filled by election at the general | ||
election in November of 2010. | ||
(705 ILCS 35/2q new) | ||
Sec. 2q. Additional 17th circuit resident judge; Boone | ||
County. In addition to the number of circuit judges otherwise | ||
authorized by this Act, there shall be one additional judge | ||
elected in the 17th judicial circuit who shall be a resident of | ||
and elected from Boone County. The additional resident circuit | ||
judgeship created by this Section may be filled by appointment | ||
by the Illinois Supreme Court until the judgeship is filled by | ||
election beginning at the 2010 general election. The judgeship | ||
provided by this Section shall not be a subcircuit judgeship. A | ||
resident judge elected from Boone County under this Section | ||
must continue to reside in Boone County as long as he or she | ||
holds that office. | ||
(705 ILCS 35/2r new)
| ||
Sec. 2r. Additional 22nd circuit resident judge. In | ||
addition to the number of circuit judges otherwise authorized |
by this Act, there shall be one additional judge elected in the | ||
22nd judicial circuit. The additional resident circuit | ||
judgeship created by this Section may be filled by appointment | ||
by the Illinois Supreme Court until the judgeship is filled by | ||
election beginning at the 2010 general election. The judgeship | ||
provided by this Section shall not be a subcircuit judgeship. | ||
Section 10. The Associate Judges Act is amended by adding | ||
Sections 2.2, 2.3, 2.4, and 2.5 as follows: | ||
(705 ILCS 45/2.2 new)
| ||
Sec. 2.2. Additional associate judge; 16th circuit. In | ||
addition to the number of associate judges authorized under | ||
Sections 2 and 2.1 of this Act, there shall be one additional | ||
associate judge appointed in the 16th circuit. | ||
(705 ILCS 45/2.3 new) | ||
Sec. 2.3. Additional associate judge; 17th circuit. In | ||
addition to the number of associate judges authorized under | ||
Sections 2 and 2.1 of this Act, there shall be one additional | ||
associate judge appointed in the 17th circuit. | ||
(705 ILCS 45/2.4 new)
| ||
Sec. 2.4. Additional associate judges; 18th circuit. In | ||
addition to the number of associate judges authorized under | ||
Sections 2 and 2.1 of this Act, there shall be 2 additional |
associate judges appointed in the 18th circuit. | ||
(705 ILCS 45/2.5 new)
| ||
Sec. 2.5. Additional associate judge; 13th circuit. In | ||
addition to the number of associate judges authorized under | ||
Sections 2 and 2.1 of this Act, there shall be one additional | ||
associate judge appointed in the 13th circuit.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|