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Public Act 098-0744
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| HB5824 Enrolled | LRB098 15296 HEP 50320 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 |
Section 2f-10 as follows:
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(705 ILCS 35/2f-10) |
Sec. 2f-10. 16th and 23rd judicial circuits. |
(a) On December 3, 2012, the 16th judicial circuit is |
divided into the 16th and 23rd judicial circuits as provided in |
Section 1 of the Circuit Courts Act. This division does not |
invalidate any action taken by the 16th judicial circuit or any |
of its judges, officers, employees, or agents before December |
3, 2012. This division does not affect any person's rights, |
obligations, or duties, including applicable civil and |
criminal penalties, arising out of any action taken by the 16th |
judicial circuit or any of its judges, officers, employees, or |
agents before December 3, 2012. |
(b) The 16th circuit shall have one additional resident |
judgeship to be allotted by the Supreme Court under subsection |
(d). The additional resident judgeship shall be filled by |
election beginning at the 2012 general election. |
(c) The 16th circuit shall have an additional resident |
judgeship from Kendall County to be allotted by the Supreme |
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Court. The additional judgeship shall be filled by election |
beginning at the 2012 general election. This judgeship shall |
become a resident judgeship from Kendall County in the 23rd |
circuit on December 3, 2012. |
(d) The Supreme Court shall allot: (i) all vacancies in at |
large judgeships or resident judgeships from the County of Kane |
of the 16th circuit occurring after the 2012 general election, |
excluding the vacancy in subsection (e); and (ii) the one |
resident judgeship added by subsection (b), for election from |
the various subcircuits until there are 2 resident judges to be |
elected from each subcircuit. The additional resident |
judgeship added by subsection (b) that shall be filled by |
election beginning at the 2012 general election shall be |
assigned to subcircuit 2 for election. The Supreme Court may |
fill the judgeship by appointment prior to the 2012 general |
election. The vacancies allotted by the Supreme Court under |
this subsection shall become resident judgeships of the 16th |
circuit to be assigned to the 3rd, 1st, and 4th subcircuits in |
that order. Subcircuit judgeships in the 3rd, 1st, and 4th |
subcircuits shall be filled by election as vacancies occur. No |
resident judge of the 16th circuit 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 office or to seek retention in office as resident |
judgeships are allotted by the Supreme Court in accordance with |
this Section. As used in this subsection, a vacancy does not |
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include the expiration of a term of an at large judge or of a |
resident judge who intends to seek retention in that office at |
the next term. |
(e) The Supreme Court shall assign to the 16th circuit the |
7 circuit judgeships elected at large in the 16th circuit |
before and at the 2012 general election. The 3 resident |
judgeships elected from Kane County before the 2012 general |
election shall become at large circuit judgeships on December |
3, 2012. An individual seeking election to one of the 7 |
judgeships at large or a judge seeking retention to one of the |
7 judgeships at large at the 2012 general election shall seek |
election or retention solely within the boundaries of Kane |
County.
The 7 circuit judgeships assigned to the 16th circuit |
shall continue to be elected at large, and the 3 resident |
judges shall be elected at large at the first general election |
following the expiration of a term of office. Of the 7 circuit |
judgeships elected at large as of April 15, 2011, and the 3 |
resident judgeships elected from Kane County before the general |
election of 2012 converting to at large judgeships on December |
3, 2012, the first vacancy occurring after December 3, 2012 |
shall be assigned to the 23rd circuit as a Kendall County |
resident judge. As used in this subsection, a vacancy does not |
include the expiration of a term of an at large judge or of a |
resident judge who intends to seek retention in that office at |
the next term. |
(f) The 3 resident judgeships elected from DeKalb County |
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before the 2012 general election shall become resident |
judgeships from DeKalb County in the 23rd circuit on December |
3, 2012, and the 2 resident judgeships elected from Kendall |
County before the 2012 general election shall become resident |
judgeships from Kendall County in the 23rd circuit on December |
3, 2012. |
(g) The 4 subcircuit judgeships of the 16th circuit elected |
as of April 15, 2011, shall become the 4 subcircuit judgeships |
of the 16th circuit as established in Section 2f-9. The |
remaining unfilled subcircuit judgeship of the 16th circuit as |
of April 15, 2011 shall be eliminated. If the judgeship of the |
5th subcircuit of the 16th circuit is filled prior to the |
effective date of this amendatory Act of the 97th General |
Assembly, that judgeship shall be eliminated on December 3, |
2012. |
(h) On December 3, 2012, the Supreme Court shall allocate |
the associate judgeships of the 16th circuit before that date |
between the 16th and 23rd circuits. The number of associate |
judges allocated to the 23rd circuit shall be no less than 5. |
(i) On December 3, 2012, the Supreme Court shall allocate |
personnel, books, records, documents, property (real and |
personal), funds, assets, liabilities, and pending matters |
concerning the 16th circuit before that date between the 16th |
and 23rd 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 97th General Assembly. |
(j) The judgeships set forth in this Section include the |
judgeships authorized under Sections 2g, 2h, 2j, 2k, 2m, and |
2n. The judgeships authorized in those Sections are not in |
addition to those set forth in this Section.
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(k) Of the 23rd 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 98th General |
Assembly shall become a resident judgeship from DeKalb County |
in the 23rd circuit. The additional resident judgeship shall be |
filled by election beginning at the 2016 general election. The |
Supreme Court may fill the judgeship by appointment prior to |
the 2016 general election. 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. 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, or when a new judgeship is authorized under |
subsection (a) of Section 2 of the Associate Judges Act but is |
not filled. |
(Source: P.A. 97-81, eff. 8-26-11; 97-585, eff. 8-26-11.)
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Section 10. The Judicial Vacancies Act is amended by |
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changing Section 2 as follows:
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(705 ILCS 40/2) (from Ch. 37, par. 72.42)
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Sec. 2. (a) Except as provided in paragraphs (1),
(2), (3), |
(4), and (5) of this subsection (a),
vacancies in the office of |
a resident circuit judge in any county or in any
unit or |
subcircuit of any circuit shall not be filled.
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(1) If in any county of less than 45,000 inhabitants |
there remains
in office no other resident judge following |
the occurrence of a vacancy,
such vacancy shall be filled.
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(2) If in any county of 45,000 or more but less than |
60,000
inhabitants there remains in office only one |
resident judge following
the occurrence of a vacancy, such |
vacancy shall be filled.
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(3) If in any county of 60,000 or more inhabitants, |
other than the
County of Cook or as provided in paragraph |
(5), there remain in office no
more than 2 resident judges
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following the occurrence of a vacancy, such vacancy shall |
be filled.
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(4) The County of Cook shall have 165 resident judges |
on
and after the effective date of this amendatory Act of |
1990. Of those
resident judgeships, (i) 56 shall be those |
authorized before the effective
date of this amendatory Act |
of 1990 from the unit of the Circuit of Cook
County within |
Chicago, (ii) 27 shall be those authorized before the
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effective date of this amendatory Act of 1990 from the unit |
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of the Circuit
of Cook County outside Chicago, (iii) 12 |
shall be additional resident
judgeships first elected at |
the general election in November of 1992,
(iv) 10 shall be |
additional resident judgeships first elected at the
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general election in November of 1994, and (v) 60 shall be |
additional
resident judgeships to be authorized
one each |
for each
reduction upon vacancy in the office of associate |
judge in the Circuit of
Cook County as those vacancies
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exist or occur on and after the effective date of this |
amendatory Act of
1990 and as those vacancies are
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determined under subsection (b) of Section 2 of the |
Associate Judges Act
until the total
resident judgeships |
authorized under this item (v) is 60. Seven of the 12
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additional resident judgeships provided in item (iii)
may |
be filled by appointment by the Supreme Court during the
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period beginning on the effective date of this amendatory |
Act of 1990 and
ending 60 days before the primary election |
in March of 1992; those judicial
appointees shall serve |
until the first Monday in December of 1992. Five
of the 12 |
additional resident judgeships provided in item (iii) may |
be
filled by appointment by the Supreme Court during the |
period beginning July
1, 1991 and ending 60 days before the |
primary election in March of 1992;
those judicial |
appointees shall serve until the first Monday in December |
of
1992. Five of the 10 additional resident judgeships |
provided in item (iv)
may be filled by appointment by the |
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Supreme Court during the period
beginning July 1, 1992 and |
ending 60 days before the primary election in
March of |
1994; those judicial appointees shall serve until the first |
Monday
in December of 1994. The remaining 5 of the 10 |
additional resident
judgeships provided in item (iv) may be |
filled by appointment by the
Supreme Court during the |
period beginning July 1, 1993 and ending 60 days
before the |
primary election in March of 1994; those judicial |
appointees
shall serve until the first Monday in December |
1994. The additional
resident judgeships created upon |
vacancy in the office of associate judge
provided in item |
(v) may be filled by appointment by the Supreme Court
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beginning on the effective date of this amendatory Act of |
1990; but no
additional resident judgeships created upon |
vacancy in the office of
associate judge provided in item |
(v) shall be filled during the 59 day
period before the |
next primary election to nominate judges.
The Circuit of |
Cook County shall be
divided into units to be known as |
subcircuits as provided in Section 2f of
the Circuit Courts |
Act.
A vacancy in the office of resident judge of the
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Circuit of Cook County existing on or occurring on or after |
the effective
date of this amendatory Act of 1990, but |
before the date the subcircuits
are created by law, shall |
be filled by appointment by the Supreme Court
from the unit |
within Chicago or the
unit outside Chicago, as the case may |
be, in which the vacancy occurs and
filled by election from |
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the subcircuit to which it is allotted under
Section 2f of |
the Circuit Courts Act. A
vacancy in the office
of resident |
judge of the
Circuit of Cook County existing on or |
occurring on or after the
date the subcircuits are created |
by law
shall be
filled by appointment by the Supreme Court |
and by election from the subcircuit
to
which it is allotted |
under Section 2f of the Circuit Courts Act.
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(5) Notwithstanding paragraphs (1), (2), and (3) of |
this subsection (a), resident judges in the 12th, 16th, |
17th, 19th, and 22nd, and 23rd
judicial circuits
are as |
provided in Sections 2f-1, 2f-2, 2f-4, 2f-5, 2f-6, and |
2f-9, and 2f-10 of
the Circuit
Courts Act.
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(b) Nothing in paragraphs (2) or (3) of subsection (a) of |
this
Section shall be construed
to require or permit in any |
county a greater number of resident judges
than there were |
resident associate judges on January 1, 1967.
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(c) Vacancies authorized to be filled by this Section 2 |
shall be filled
in the manner provided in Article VI of the |
Constitution.
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(d) A person appointed to fill a vacancy in the office of |
circuit judge
shall be, at the time of appointment, a resident |
of the subcircuit from which
the person whose vacancy is
being |
filled was elected if the vacancy occurred in a circuit divided |
into
subcircuits. If a vacancy
in the office of circuit judge |
occurred in a circuit not divided into
subcircuits, a person |
appointed to fill the vacancy shall be, at the time of
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appointment, a resident of the
circuit from which the person |
whose vacancy is being filled was elected.
Except as provided |
in Sections 2f-1, 2f-2, 2f-4, 2f-5, 2f-6, and 2f-9
of the
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Circuit Courts
Act, if a
vacancy occurred in the office of a |
resident circuit judge, a person appointed
to
fill the vacancy |
shall be, at the time of appointment, a resident of the county
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from which the person whose
vacancy is being filled was |
elected.
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(Source: P.A. 93-541, eff. 8-18-03; 93-1102, eff. 4-7-05.)
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Section 15. The Associate Judges Act is amended by changing |
Section 2 as follows:
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(705 ILCS 45/2) (from Ch. 37, par. 160.2)
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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 excess of
one |
per county. In addition, in circuits of 1,000,000 or more |
inhabitants,
there shall be one additional associate judge |
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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
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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 and except that the minimum in the 19th |
circuit on and after December 4, 2006 shall be 20. 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
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be 10.
The minimum number of associate judges authorized for |
any circuit with a
population of at least 329,000, but not more |
than 335,000 shall be
11. The
minimum number of associate |
judges authorized for any circuit with a population
of at least |
173,000 shall be 5. As
used in this
Section, the term "resident |
circuit judge" has the meaning given it in the
Judicial |
Vacancies Act.
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(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
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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
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reappointed. |
(c) The maximum number of associate judges authorized 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
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reappointed.
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(d) The maximum number of associate judges authorized under
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subsection (a) for the 23rd judicial circuit shall be reduced
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as provided in this subsection (d). Due to the vacancy that
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exists on or after the effective date of this amendatory Act of
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the 98th General Assembly in the associate judgeship that is
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converted into a resident judgeship under subsection (k) of
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Section 2f-10 of the Circuit Courts Act, the maximum number of
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