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| 1 | AN ACT concerning courts.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
| ||||||
| 4 | Section 5. The Circuit Courts Act is amended by changing | ||||||
| 5 | Sections 2, 2f-1, 2f-2, 2f-4, 2f-5, 2f-6, and 2f-9 and by | ||||||
| 6 | adding Sections 2k, 2m, 2n, 2p, 2q, and 2r as follows:
| ||||||
| 7 | (705 ILCS 35/2) (from Ch. 37, par. 72.2)
| ||||||
| 8 | Sec. 2. Circuit judges shall be elected at the general | ||||||
| 9 | elections and
for terms as provided in Article VI of the | ||||||
| 10 | Illinois Constitution.
Ninety-four circuit judges shall be | ||||||
| 11 | elected in the Circuit of Cook
County and 3 circuit
judges | ||||||
| 12 | shall be elected in each of the other
circuits, but in circuits | ||||||
| 13 | other than Cook County containing a population
of 230,000 or | ||||||
| 14 | more inhabitants and in which there is included a county
| ||||||
| 15 | containing a population of 200,000 or more inhabitants, or in | ||||||
| 16 | circuits
other than Cook County containing a population of | ||||||
| 17 | 270,000 or more
inhabitants, according to the last preceding | ||||||
| 18 | federal census and in the
circuit where the seat of State | ||||||
| 19 | government is situated at the time fixed
by law for the | ||||||
| 20 | nomination of judges of the Circuit Court in such circuit
and | ||||||
| 21 | in any circuit which meets the requirements set out in Section | ||||||
| 22 | 2a of
this Act, 4 circuit judges shall be elected in the manner | ||||||
| 23 | provided by
law. In circuits other than Cook County in which | ||||||
| |||||||
| |||||||
| 1 | each county in the
circuit has a population of 475,000 or more, | ||||||
| 2 | 4 circuit judges shall be
elected in addition to the 4 circuit | ||||||
| 3 | judges provided for in this
Section. In any circuit composed of | ||||||
| 4 | 2 counties having a total
population of 350,000 or more, one | ||||||
| 5 | circuit judge shall be elected in
addition to the 4 circuit | ||||||
| 6 | judges provided for in this Section.
| ||||||
| 7 | Any additional circuit judgeships in the 19th and 22nd | ||||||
| 8 | judicial circuits resulting by operation of this Section shall | ||||||
| 9 | be filled, if at all, at the general election in 2006 only as | ||||||
| 10 | provided in Section 2f-1. Thereafter, however, this Section | ||||||
| 11 | shall not apply to the determination of the number of circuit | ||||||
| 12 | judgeships in the 19th and 22nd judicial circuits. The number | ||||||
| 13 | of circuit judgeships in the 19th judicial circuit shall be | ||||||
| 14 | determined thereafter in accordance with Section 2f-1 and | ||||||
| 15 | Section 2f-2 and shall be reduced in accordance with those | ||||||
| 16 | Sections. The number of circuit judgeships in the 22nd judicial | ||||||
| 17 | circuit shall be determined thereafter in accordance with | ||||||
| 18 | Section 2f-1 and Section 2f-5 and shall be reduced in | ||||||
| 19 | accordance with those Sections.
| ||||||
| 20 | Notwithstanding the provisions of this Section or any other | ||||||
| 21 | law, the number
of at large judgeships of the 12th judicial | ||||||
| 22 | circuit may be reduced by one or 2
judgeships as provided in | ||||||
| 23 | subsections subsection (a-10) and (a-15) of Section 2f-4.
| ||||||
| 24 | The
several judges of the circuit courts of this State, | ||||||
| 25 | before entering upon
the duties of their office, shall take and | ||||||
| 26 | subscribe the following oath
or affirmation, which shall be | ||||||
| |||||||
| |||||||
| 1 | filed in the office of the Secretary of
State:
| ||||||
| 2 | "I do solemnly swear (or affirm, as the case may be) that I | ||||||
| 3 | will
support the constitution of the United States, and the | ||||||
| 4 | constitution of
the State of Illinois, and that I will | ||||||
| 5 | faithfully discharge the duties
of judge of.... court, | ||||||
| 6 | according to the best of my ability."
| ||||||
| 7 | One of the 3 additional circuit judgeships authorized by
| ||||||
| 8 | this amendatory Act in circuits other than Cook County in which | ||||||
| 9 | each
county in the circuit has a population of 475,000 or more | ||||||
| 10 | may be filled
when this Act becomes law. The 2 remaining | ||||||
| 11 | circuit
judgeships in such circuits shall not be filled until | ||||||
| 12 | on or after July
1, 1977.
| ||||||
| 13 | (Source: P.A. 93-541, eff. 8-18-03; 94-727, eff. 2-14-06.)
| ||||||
| 14 | (705 ILCS 35/2f-1)
| ||||||
| 15 | Sec. 2f-1. 19th and 22nd judicial circuits.
| ||||||
| 16 | (a) On December 4, 2006, the 19th judicial circuit is | ||||||
| 17 | divided into the 19th
and
22nd judicial circuits as provided in | ||||||
| 18 | Section 1 of the Circuit Courts Act. This
division
does not | ||||||
| 19 | invalidate any action taken by the 19th judicial circuit or any | ||||||
| 20 | of its
judges,
officers, employees, or agents before December | ||||||
| 21 | 4, 2006. This division does not
affect
any person's rights, | ||||||
| 22 | obligations, or duties, including applicable civil and
| ||||||
| 23 | criminal
penalties, arising out of any action taken by the 19th | ||||||
| 24 | judicial circuit or any
of its judges,
officers, employees, or | ||||||
| 25 | agents before December 4, 2006.
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| |||||||
| |||||||
| 1 | (b) Of the 7 circuit judgeships elected at large in the | ||||||
| 2 | 19th circuit before
the
general election in 2006, the Supreme | ||||||
| 3 | Court shall assign 5 to the 19th circuit
and 2 to the
22nd | ||||||
| 4 | circuit, based on residency of the circuit judges then holding | ||||||
| 5 | those
judgeships. The
5 assigned to the 19th circuit shall | ||||||
| 6 | continue to be elected at large, except those at large | ||||||
| 7 | judgeships that become resident judgeships as provided in | ||||||
| 8 | subsection (a-5) of Section 2f-2.
The 2 assigned to the 22nd | ||||||
| 9 | circuit shall continue to be elected at large. | ||||||
| 10 | (b-5) Except as provided in subsection (b-10), the number | ||||||
| 11 | of at large judgeships of the 19th judicial circuit shall be | ||||||
| 12 | the number of at large judgeships specified for assigned to the | ||||||
| 13 | 19th judicial circuit pursuant to subsection (b) plus only the | ||||||
| 14 | judgeship designated as vacancy A by the State Board of | ||||||
| 15 | Elections filled at the 2006 general election. If, before, on, | ||||||
| 16 | or after the effective date of this amendatory Act of the 94th | ||||||
| 17 | General Assembly, the State Board of Elections has certified or | ||||||
| 18 | certifies one or more candidates for a judgeship of the 19th | ||||||
| 19 | judicial circuit designated as vacancy B or C by the State | ||||||
| 20 | Board of Elections, then all such certifications are revoked | ||||||
| 21 | and are null and void by operation of law and the names of any | ||||||
| 22 | such candidates shall not appear upon the 2006 general primary | ||||||
| 23 | ballot or the 2006 general election ballot for any of those | ||||||
| 24 | judgeships.
Except as provided in subsection (b-10), the number | ||||||
| 25 | of at large judgeships of the 22nd judicial circuit shall be | ||||||
| 26 | the number of at large judgeships assigned to the 22nd judicial | ||||||
| |||||||
| |||||||
| 1 | circuit pursuant to subsection (b) plus only the judgeship | ||||||
| 2 | designated as vacancy A by the State Board of Elections filled | ||||||
| 3 | at the 2006 general election. If, before, on, or after the | ||||||
| 4 | effective date of this amendatory Act of the 94th General | ||||||
| 5 | Assembly, the State Board of Elections has certified or | ||||||
| 6 | certifies one or more candidates for the judgeship of the 22nd | ||||||
| 7 | judicial circuit designated as vacancy B by the State Board of | ||||||
| 8 | Elections, then any such certifications are revoked and are | ||||||
| 9 | null and void by operation of law and the names of any such | ||||||
| 10 | candidates shall not appear upon the 2006 general primary | ||||||
| 11 | ballot or the 2006 general election ballot for that judgeship. | ||||||
| 12 | (b-10) If this amendatory Act of the 94th General Assembly | ||||||
| 13 | is held unconstitutional and as a result the judgeships | ||||||
| 14 | designated by the State Board of Elections as vacancies A, B, | ||||||
| 15 | and C of the 19th judicial circuit are filled at the 2006 | ||||||
| 16 | general election, then the number of at large judgeships of the | ||||||
| 17 | 19th judicial circuit shall be only the number of at large | ||||||
| 18 | judgeships specified for assigned to the 19th judicial circuit | ||||||
| 19 | pursuant to subsection (b). If this amendatory Act of the 94th | ||||||
| 20 | General Assembly is held unconstitutional and as a result the | ||||||
| 21 | judgeships designated by the State Board of Elections as | ||||||
| 22 | vacancies A and B of the 22nd judicial circuit are filled at | ||||||
| 23 | the 2006 general election, then the number of at large | ||||||
| 24 | judgeships of the 22nd judicial circuit shall be only the | ||||||
| 25 | number of at large judgeships assigned to the 22nd judicial | ||||||
| 26 | circuit pursuant to subsection (b). | ||||||
| |||||||
| |||||||
| 1 | (b-15) If subsection (b-10) applies, then each vacancy | ||||||
| 2 | occurring in an at large judgeship of the 19th judicial circuit | ||||||
| 3 | on or after the holding of unconstitutionality shall not be | ||||||
| 4 | filled by any means and each of those vacant judgeships is | ||||||
| 5 | abolished, until the number of at large judgeships of the 19th | ||||||
| 6 | judicial circuit returns to the number of at large judgeships | ||||||
| 7 | specified for the 19th judicial circuit by subsection (b-10). | ||||||
| 8 | If subsection (b-10) applies, then each vacancy occurring in an | ||||||
| 9 | at large judgeship of the 22nd judicial circuit on or after the | ||||||
| 10 | holding of unconstitutionality shall not be filled by any means | ||||||
| 11 | and each of those vacant judgeships is abolished, until the | ||||||
| 12 | number of at large judgeships of the 22nd judicial circuit | ||||||
| 13 | returns to the number of at large judgeships specified for the | ||||||
| 14 | 22nd judicial circuit by subsection (b-10).
| ||||||
| 15 | (c) The 6 resident judgeships elected from Lake County | ||||||
| 16 | before the general
election in 2006 shall become resident | ||||||
| 17 | judgeships in the 19th circuit on
December 4,
2006, and the 3 | ||||||
| 18 | resident judgeships elected from McHenry County before the
| ||||||
| 19 | general
election in 2006 shall become resident judgeships in | ||||||
| 20 | the 22nd circuit on
December 4,
2006.
| ||||||
| 21 | (d) On December 4, 2006, the Supreme Court shall allocate | ||||||
| 22 | the associate
judgeships of the 19th circuit before that date | ||||||
| 23 | between the 19th and 22nd
circuits based
on the residency of | ||||||
| 24 | the associate judges; however, the number of associate judges | ||||||
| 25 | allocated to the 19th circuit shall be no less than the number | ||||||
| 26 | of associate judges residing in Lake County on March 22, 2004.
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| |||||||
| 1 | (e) On December 4, 2006, the Supreme Court shall allocate | ||||||
| 2 | personnel, books,
records, documents, property (real and | ||||||
| 3 | personal), funds, assets, liabilities,
and pending
matters | ||||||
| 4 | concerning the 19th circuit before that date between the 19th | ||||||
| 5 | and 22nd
circuits
based on the population and staffing needs of | ||||||
| 6 | those circuits and the efficient
and proper
administration of | ||||||
| 7 | the judicial system. The rights of employees under applicable
| ||||||
| 8 | collective bargaining agreements are not affected by this | ||||||
| 9 | amendatory Act of the
93rd
General Assembly.
| ||||||
| 10 | (f) The judgeships set forth in this Section include the | ||||||
| 11 | judgeships
authorized
under Sections 2g, 2h, and 2j. The | ||||||
| 12 | judgeships authorized in those Sections are
not in
addition to | ||||||
| 13 | those set forth in this Section.
| ||||||
| 14 | (Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04; | ||||||
| 15 | 94-727, eff. 2-14-06.)
| ||||||
| 16 | (705 ILCS 35/2f-2)
| ||||||
| 17 | Sec. 2f-2. 19th judicial circuit; subcircuits; additional | ||||||
| 18 | judges.
| ||||||
| 19 | (a) The 19th circuit shall be divided into 6 subcircuits. | ||||||
| 20 | The
subcircuits shall be
compact, contiguous, and | ||||||
| 21 | substantially equal in population. The General
Assembly by law | ||||||
| 22 | shall
create the subcircuits, using population
data as
| ||||||
| 23 | determined by the 2000 federal census, and
shall determine a | ||||||
| 24 | numerical order for the 6 subcircuits. That
numerical order | ||||||
| 25 | shall be the basis for the order in which resident judgeships
| ||||||
| |||||||
| |||||||
| 1 | are assigned to
the subcircuits. The 6 resident judgeships to | ||||||
| 2 | be assigned that are not added by or converted from at large | ||||||
| 3 | judgeships as provided in this amendatory Act of the 96th | ||||||
| 4 | General Assembly shall be assigned to the 1st, 2nd, 3rd, 4th, | ||||||
| 5 | 5th, and 6th subcircuits, in that order. The 6 resident | ||||||
| 6 | judgeships to be assigned that are added by or converted from | ||||||
| 7 | at large judgeships as provided in this amendatory Act of the | ||||||
| 8 | 96th General Assembly shall be assigned to the 6th, 5th, 4th, | ||||||
| 9 | 3rd, 2nd, and 1st subcircuits, in that order. Once a resident | ||||||
| 10 | judgeship is assigned to a subcircuit, it
shall continue to be | ||||||
| 11 | assigned to that subcircuit for all purposes.
| ||||||
| 12 | (a-5) Of the at large judgeships of the 19th judicial | ||||||
| 13 | circuit, the first 3 that are or become vacant on or after the | ||||||
| 14 | effective date of this amendatory Act of the 96th General | ||||||
| 15 | Assembly shall become resident judgeships of the 19th judicial | ||||||
| 16 | circuit to be allotted by the Supreme Court under subsection | ||||||
| 17 | (c) and filled by election, except that the Supreme Court may | ||||||
| 18 | fill those judgeships by appointment for any remainder of a | ||||||
| 19 | vacated term until the resident judgeships are filled initially | ||||||
| 20 | by election. As used in this subsection, a vacancy does not | ||||||
| 21 | include the expiration of a term of an at large judge who seeks | ||||||
| 22 | retention in that office at the next term. | ||||||
| 23 | (a-10) The 19th judicial circuit shall have 3 additional | ||||||
| 24 | resident judgeships to be allotted by the Supreme Court under | ||||||
| 25 | subsection (c). One of the additional resident judgeships shall | ||||||
| 26 | be filled by election beginning at the 2010 general election. | ||||||
| |||||||
| |||||||
| 1 | Two of the additional resident judgeships shall be filled by | ||||||
| 2 | election beginning at the 2012 general election. | ||||||
| 3 | (b) The 19th circuit shall have a total of 12 6 resident | ||||||
| 4 | judgeships (6 resident judgeships existing on the effective | ||||||
| 5 | date of this amendatory Act of the 96th General Assembly, 3 | ||||||
| 6 | formerly at large judgeships as provided in subsection (a-5), | ||||||
| 7 | and 3 resident judgeships added by subsection (a-10)). The | ||||||
| 8 | number of resident judgeships allotted to subcircuits of the | ||||||
| 9 | 19th judicial circuit pursuant to this Section shall constitute | ||||||
| 10 | all the resident judgeships of the 19th judicial circuit.
| ||||||
| 11 | (c) The Supreme Court shall allot (i)
all vacancies in
| ||||||
| 12 | resident
judgeships of the 19th circuit existing on or | ||||||
| 13 | occurring on or after the
effective date of this
amendatory Act
| ||||||
| 14 | of the 93rd General Assembly and not filled at the 2004 general | ||||||
| 15 | election,
and (ii) the resident judgeships of the 19th
circuit | ||||||
| 16 | filled at the 2004
general election as those judgeships | ||||||
| 17 | thereafter become vacant,
(iii) the 3 formerly at large | ||||||
| 18 | judgeships described in subsection (a-5) as they become | ||||||
| 19 | available, and (iv) the 3 resident judgeships added by | ||||||
| 20 | subsection (a-10), for election from the
various
subcircuits | ||||||
| 21 | until there are 2 resident judges is one resident judge to be | ||||||
| 22 | elected from each
subcircuit.
No resident judge of the 19th | ||||||
| 23 | circuit serving on
the effective date of this amendatory Act of | ||||||
| 24 | the 93rd General Assembly shall be
required to change his or | ||||||
| 25 | her residency in order to continue serving in office
or
to seek | ||||||
| 26 | retention in office as resident judgeships are allotted by the
| ||||||
| |||||||
| |||||||
| 1 | Supreme Court in accordance with this Section.
| ||||||
| 2 | (d) A resident judge elected from a subcircuit shall | ||||||
| 3 | continue to reside in
that
subcircuit as long as he or she | ||||||
| 4 | holds that office. A resident judge elected from a subcircuit | ||||||
| 5 | after January 1, 2008, must retain residency as a registered | ||||||
| 6 | voter in the subcircuit to run for retention from the circuit | ||||||
| 7 | at large thereafter.
| ||||||
| 8 | (e) Vacancies in resident judgeships of the 19th circuit | ||||||
| 9 | shall be
filled
in the manner provided in Article VI of the | ||||||
| 10 | Illinois Constitution.
| ||||||
| 11 | (Source: P.A. 94-727, eff. 2-14-06; 95-610, eff. 9-11-07.)
| ||||||
| 12 | (705 ILCS 35/2f-4)
| ||||||
| 13 | Sec. 2f-4. 12th circuit; subcircuits; additional judges.
| ||||||
| 14 | (a) The 12th circuit shall be divided into 5 subcircuits. | ||||||
| 15 | The
subcircuits shall be
compact, contiguous, and | ||||||
| 16 | substantially equal in population. The General
Assembly by law | ||||||
| 17 | shall
create the subcircuits, using population
data as
| ||||||
| 18 | determined by the 2000 federal census, and
shall determine a | ||||||
| 19 | numerical order for the 5 subcircuits. That numerical
order | ||||||
| 20 | shall
be the basis for the order in which resident judgeships | ||||||
| 21 | are assigned to the
subcircuits.
The 5 resident judgeships to | ||||||
| 22 | be assigned after the effective date of this amendatory Act of | ||||||
| 23 | the 96th General Assembly shall be assigned to the 3rd, 4th, | ||||||
| 24 | 5th, 1st, and 2nd subcircuits, in that order. Once a resident | ||||||
| 25 | judgeship is
assigned to a subcircuit, it shall continue to be
| ||||||
| |||||||
| |||||||
| 1 | assigned to
that subcircuit for all purposes.
| ||||||
| 2 | (a-10) The first vacancy in the 12th judicial circuit's 10 | ||||||
| 3 | existing circuit judgeships (8 at large and 2 resident), but | ||||||
| 4 | not in the additional judgeships described in subsections (b) | ||||||
| 5 | and (b-5), that exists on or after the effective date of this | ||||||
| 6 | amendatory Act of the 94th General Assembly shall not be | ||||||
| 7 | filled, by appointment or election, and that judgeship is | ||||||
| 8 | eliminated. Of the 12th judicial circuit's 10 existing circuit | ||||||
| 9 | judgeships (8 at large and 2 resident), but not the additional | ||||||
| 10 | judgeships described in subsections (b) and (b-5), the second | ||||||
| 11 | to be vacant or become vacant on or after the effective date of | ||||||
| 12 | this amendatory Act of the 94th General Assembly shall be | ||||||
| 13 | allotted as a 12th circuit resident judgeship under subsection | ||||||
| 14 | (c). | ||||||
| 15 | (a-15) Of the at large judgeships of the 12th judicial | ||||||
| 16 | circuit not affected by subsection (a-10), the first 2 that are | ||||||
| 17 | or become vacant on or after the effective date of this | ||||||
| 18 | amendatory Act of the 96th General Assembly shall become | ||||||
| 19 | resident judgeships of the 12th judicial circuit to be allotted | ||||||
| 20 | by the Supreme Court under subsection (c) and filled by | ||||||
| 21 | election, except that the Supreme Court may fill those | ||||||
| 22 | judgeships by appointment for any remainder of a vacated term | ||||||
| 23 | until the resident judgeships are filled initially by election. | ||||||
| 24 | (a-20) As used in subsections (a-10) and (a-15) this | ||||||
| 25 | subsection, a vacancy does not include the
expiration of a term | ||||||
| 26 | of an at large or resident judge who seeks
retention in that | ||||||
| |||||||
| |||||||
| 1 | office at the next term.
| ||||||
| 2 | (b) The 12th circuit shall have 6 3 additional resident | ||||||
| 3 | judgeships, as well
as
its existing resident judgeship as | ||||||
| 4 | established in subsection (a-10) or
judgeships, and existing at | ||||||
| 5 | large judgeships, for a
total of 15 12 judgeships available to | ||||||
| 6 | be allotted under subsection (c)
to the 10 5 subcircuit | ||||||
| 7 | resident
judgeships. The
additional resident
judgeship created
| ||||||
| 8 | by Public Act 93-541 shall be filled by election beginning at | ||||||
| 9 | the
general
election in
2006. The 2 additional resident | ||||||
| 10 | judgeships created by this amendatory Act of 2004 shall be | ||||||
| 11 | filled by election beginning at the general election in 2008. | ||||||
| 12 | The additional resident judgeships created by this amendatory | ||||||
| 13 | Act of the 96th General Assembly shall be filled by election | ||||||
| 14 | beginning at the general election in 2010. After the | ||||||
| 15 | subcircuits are created by
law, the Supreme Court may fill by | ||||||
| 16 | appointment the additional resident judgeships created by | ||||||
| 17 | Public Act 93-541, and
this
amendatory Act of 2004, and this | ||||||
| 18 | amendatory Act of the 96th General Assembly until the 2006, or | ||||||
| 19 | 2008, or 2010
general
election, as the case may be.
| ||||||
| 20 | (b-5) In addition to the number of circuit judges and | ||||||
| 21 | resident judges otherwise authorized by law, and | ||||||
| 22 | notwithstanding any other provision of law, beginning on April | ||||||
| 23 | 1, 2006 there shall be one additional resident judge who is a | ||||||
| 24 | resident of and elected from the fourth judicial subcircuit of | ||||||
| 25 | the 12th judicial circuit. That additional resident judgeship | ||||||
| 26 | may be filled by appointment by the Supreme Court until filled | ||||||
| |||||||
| |||||||
| 1 | by election at the general election in 2008, regardless of | ||||||
| 2 | whether the judgeships for subcircuits 1, 2, and 3 have been | ||||||
| 3 | filled. | ||||||
| 4 | (c) The Supreme Court shall allot (i) the additional | ||||||
| 5 | resident judgeships
of the 12th circuit created by Public Act | ||||||
| 6 | 93-541, and this amendatory Act of 2004, and this amendatory | ||||||
| 7 | Act of the 96th General Assembly, and (ii)
the second vacancy | ||||||
| 8 | in the at large and resident judgeships of the 12th
circuit as | ||||||
| 9 | provided in subsection (a-10),
and (iii) the 2 formerly at | ||||||
| 10 | large judgeships described in subsection (a-15) as they become | ||||||
| 11 | available, for election from the
various
subcircuits until, | ||||||
| 12 | with the additional judge of the fourth subcircuit described in | ||||||
| 13 | subsection (b-5), there are 2 is one resident judges judge to | ||||||
| 14 | be elected from each
subcircuit. No at large or resident judge | ||||||
| 15 | of the 12th circuit serving on
August 18, 2003 shall be
| ||||||
| 16 | required to change his or her residency in order to continue | ||||||
| 17 | serving in office
or
to seek retention in office as at large or | ||||||
| 18 | resident judgeships are allotted by
the
Supreme Court in | ||||||
| 19 | accordance with this Section.
| ||||||
| 20 | (d) A resident judge elected from a subcircuit shall | ||||||
| 21 | continue to reside in
that
subcircuit as long as he or she | ||||||
| 22 | holds that office. A resident judge elected from a subcircuit | ||||||
| 23 | after January 1, 2008, must retain residency as a registered | ||||||
| 24 | voter in the subcircuit to run for retention from the circuit | ||||||
| 25 | at large thereafter.
| ||||||
| 26 | (e) Vacancies in resident judgeships of the 12th circuit | ||||||
| |||||||
| |||||||
| 1 | shall be filled
in the manner provided in Article VI of the | ||||||
| 2 | Illinois Constitution, except as otherwise provided in this | ||||||
| 3 | Section.
| ||||||
| 4 | (Source: P.A. 94-727, eff. 2-14-06; 95-610, eff. 9-11-07.)
| ||||||
| 5 | (705 ILCS 35/2f-5)
| ||||||
| 6 | Sec. 2f-5. 22nd circuit; subcircuits; additional resident | ||||||
| 7 | judgeship.
| ||||||
| 8 | (a) The 22nd circuit shall be divided into 4 subcircuits. | ||||||
| 9 | The
subcircuits shall be
compact, contiguous, and | ||||||
| 10 | substantially equal in population. The General
Assembly by law | ||||||
| 11 | shall
create the subcircuits, using population
data as
| ||||||
| 12 | determined by the 2000 federal census, and
shall determine a | ||||||
| 13 | numerical order for the 4 subcircuits. That numerical
order | ||||||
| 14 | shall
be the basis for the order in which resident judgeships | ||||||
| 15 | are assigned to the
subcircuits.
Once a resident judgeship is
| ||||||
| 16 | assigned to a subcircuit, it shall continue to be
assigned to
| ||||||
| 17 | that subcircuit for all purposes.
| ||||||
| 18 | (b) Other than the resident judgeship added by this | ||||||
| 19 | amendatory Act of the 96th General Assembly, the The 22nd | ||||||
| 20 | circuit shall have one additional resident judgeship, as well | ||||||
| 21 | as its 3 existing resident judgeships, for a total of 4 | ||||||
| 22 | resident judgeships to be allotted to the 4 subcircuit resident | ||||||
| 23 | judgeships. The additional resident judgeship created by this | ||||||
| 24 | amendatory Act of the 93rd General Assembly shall be filled by | ||||||
| 25 | election beginning at the general election in 2006 and shall | ||||||
| |||||||
| |||||||
| 1 | not be filled by appointment before the general election in | ||||||
| 2 | 2006.
The number of resident judgeships allotted to subcircuits | ||||||
| 3 | of the 22nd judicial circuit pursuant to this Section, and the | ||||||
| 4 | resident judgeship added by this amendatory Act of the 96th | ||||||
| 5 | General Assembly, shall constitute all the resident judgeships | ||||||
| 6 | of the 22nd judicial circuit.
| ||||||
| 7 | (c) The Supreme Court shall allot (i)
all eligible | ||||||
| 8 | vacancies in
resident
judgeships of the 22nd circuit existing | ||||||
| 9 | on or occurring on or after August 18, 2003 and not filled at | ||||||
| 10 | the 2004 general election, (ii) the resident
judgeships of the | ||||||
| 11 | 22nd circuit filled at the 2004 general election as
those | ||||||
| 12 | judgeships thereafter become vacant,
and (iii) the additional | ||||||
| 13 | resident judgeship of the 22nd circuit created by this | ||||||
| 14 | amendatory Act of the 93rd General Assembly, for election from | ||||||
| 15 | the
various
subcircuits until there is one resident judge to be | ||||||
| 16 | elected from each
subcircuit.
No resident judge of the 22nd | ||||||
| 17 | circuit serving on
August 18, 2003 shall be
required to change | ||||||
| 18 | his or her residency in order to continue serving in office
or
| ||||||
| 19 | to seek retention in office as resident judgeships are allotted | ||||||
| 20 | by the
Supreme Court in accordance with this Section.
| ||||||
| 21 | (d) A resident judge elected from a subcircuit shall | ||||||
| 22 | continue to reside in
that
subcircuit as long as he or she | ||||||
| 23 | holds that office. A resident judge elected from a subcircuit | ||||||
| 24 | after January 1, 2008, must retain residency as a registered | ||||||
| 25 | voter in the subcircuit to run for retention from the circuit | ||||||
| 26 | at large thereafter.
| ||||||
| |||||||
| |||||||
| 1 | (e) Vacancies in resident judgeships of the 22nd circuit | ||||||
| 2 | shall be
filled
in the manner provided in Article VI of the | ||||||
| 3 | Illinois Constitution.
| ||||||
| 4 | (Source: P.A. 94-727, eff. 2-14-06; 95-610, eff. 9-11-07.)
| ||||||
| 5 | (705 ILCS 35/2f-6) | ||||||
| 6 | Sec. 2f-6. 17th judicial circuit; subcircuits. | ||||||
| 7 | (a) The 17th circuit shall be divided into 4 subcircuits. | ||||||
| 8 | The
subcircuits shall be
compact, contiguous, and | ||||||
| 9 | substantially equal in population. The General
Assembly by law | ||||||
| 10 | shall
create the subcircuits, using population
data as
| ||||||
| 11 | determined by the 2000 federal census, and
shall determine a | ||||||
| 12 | numerical order for the 4 subcircuits. That
numerical order | ||||||
| 13 | shall be the basis for the order in which resident judgeships
| ||||||
| 14 | are assigned to
the subcircuits. Once a resident judgeship is | ||||||
| 15 | assigned to a subcircuit, it
shall continue to be assigned to | ||||||
| 16 | that subcircuit for all purposes.
| ||||||
| 17 | (a-10) Of the 17th circuit's 9 existing circuit judgeships | ||||||
| 18 | existing on April 7, 2005 (6 at large and
3 resident), but not | ||||||
| 19 | including the one resident judgeship added by this amendatory | ||||||
| 20 | Act of the 96th General Assembly, the 3 resident judgeships | ||||||
| 21 | shall be allotted as 17th circuit resident judgeships under
| ||||||
| 22 | subsection (c) as those resident judgeships
are or become | ||||||
| 23 | vacant on or after the effective date of this amendatory Act of | ||||||
| 24 | the 93rd General Assembly. Of the 17th circuit's associate | ||||||
| 25 | judgeships, the first associate judgeship that is or becomes | ||||||
| |||||||
| |||||||
| 1 | vacant on or after the effective date of this amendatory Act of | ||||||
| 2 | the 93rd General Assembly shall become a resident judgeship of | ||||||
| 3 | the 17th circuit to be allotted by the Supreme Court under | ||||||
| 4 | subsection (c) as a resident subcircuit judgeship. These | ||||||
| 5 | resident judgeships, and the one resident judgeship added by | ||||||
| 6 | this amendatory Act of the 96th General Assembly, shall | ||||||
| 7 | constitute all of the resident judgeships of the 17th circuit. | ||||||
| 8 | As used in this subsection, a vacancy does not include the
| ||||||
| 9 | expiration of a term of a resident judge who seeks
retention in | ||||||
| 10 | that office at the next term. A vacancy does not exist or occur | ||||||
| 11 | at the expiration of an associate judge's term if the associate | ||||||
| 12 | judge is reappointed.
| ||||||
| 13 | (b) The 17th circuit shall have a total of 4 judgeships (3 | ||||||
| 14 | resident judgeships existing on April 7, 2005 and one associate | ||||||
| 15 | judgeship), but not including the one resident judgeship added | ||||||
| 16 | by this amendatory Act of the 96th General Assembly, available | ||||||
| 17 | to be allotted to the 4 subcircuit resident judgeships.
| ||||||
| 18 | (c) The Supreme Court shall allot (i) the 3 resident
| ||||||
| 19 | judgeships of the 17th circuit existing on April 7, 2005 as | ||||||
| 20 | they are or become vacant as provided in subsection (a-10) and | ||||||
| 21 | (ii) the one associate judgeship converted into a resident | ||||||
| 22 | judgeship of the 17th circuit as it is or becomes vacant as | ||||||
| 23 | provided in subsection (a-10),
for election from the
various
| ||||||
| 24 | subcircuits until there is one resident judge to be elected | ||||||
| 25 | from each
subcircuit.
No resident or associate judge of the | ||||||
| 26 | 17th circuit serving on
the effective date of this amendatory | ||||||
| |||||||
| |||||||
| 1 | Act of the 93rd General Assembly shall be
required to change | ||||||
| 2 | his or her residency in order to continue serving in office
or
| ||||||
| 3 | to seek retention or reappointment in office as resident | ||||||
| 4 | judgeships are allotted by the
Supreme Court in accordance with | ||||||
| 5 | this Section.
| ||||||
| 6 | (d) A resident judge elected from a subcircuit shall | ||||||
| 7 | continue to reside in
that
subcircuit as long as he or she | ||||||
| 8 | holds that office.
A resident judge elected from a subcircuit | ||||||
| 9 | after January 1, 2008, must retain residency as a registered | ||||||
| 10 | voter in the subcircuit to run for retention from the circuit | ||||||
| 11 | at large thereafter.
| ||||||
| 12 | (e) Vacancies in resident judgeships of the 17th circuit | ||||||
| 13 | shall be
filled
in the manner provided in Article VI of the | ||||||
| 14 | Illinois Constitution.
| ||||||
| 15 | (Source: P.A. 95-610, eff. 9-11-07.) | ||||||
| 16 | (705 ILCS 35/2f-9) | ||||||
| 17 | Sec. 2f-9. 16th judicial circuit; subcircuits. | ||||||
| 18 | (a) The 16th circuit shall be divided into 5 subcircuits. | ||||||
| 19 | The
subcircuits shall be
compact, contiguous, and | ||||||
| 20 | substantially equal in population. The General
Assembly by law | ||||||
| 21 | shall
create the subcircuits, using population
data as
| ||||||
| 22 | determined by the 2000 federal census, and
shall determine a | ||||||
| 23 | numerical order for the 5 subcircuits. That
numerical order | ||||||
| 24 | shall be the basis for the order in which resident judgeships
| ||||||
| 25 | are assigned to
the subcircuits. Once a resident judgeship is | ||||||
| |||||||
| |||||||
| 1 | assigned to a subcircuit, it
shall continue to be assigned to | ||||||
| 2 | that subcircuit for all purposes.
| ||||||
| 3 | (b) Of the 16th circuit's 16 existing circuit judgeships | ||||||
| 4 | existing on April 7, 2005 (7 at large and
9 resident), but not | ||||||
| 5 | including the 3 resident judgeships added by this amendatory | ||||||
| 6 | Act of the 96th General Assembly, 5 of the 9 resident | ||||||
| 7 | judgeships shall be allotted as 16th circuit resident | ||||||
| 8 | judgeships under
subsection (c) as (i) the first resident | ||||||
| 9 | judgeship of DeKalb County, (ii) the first resident judgeship | ||||||
| 10 | of Kendall County, and (iii) the first 2 resident judgeships
of | ||||||
| 11 | Kane County are or become vacant on or after the effective date | ||||||
| 12 | of this amendatory Act of the 93rd General Assembly, and (iv) | ||||||
| 13 | the first resident judgeship of Kane County (in addition to the | ||||||
| 14 | 2 vacancies under item (iii)) is or becomes vacant after the | ||||||
| 15 | effective date of this amendatory Act of the 94th General | ||||||
| 16 | Assembly. These 5 resident subcircuit judgeships and the | ||||||
| 17 | remaining 7 4 resident judgeships shall constitute all of the | ||||||
| 18 | resident judgeships of the 16th circuit. As used in this | ||||||
| 19 | subsection, a vacancy does not include the
expiration of a term | ||||||
| 20 | of a resident judge who seeks
retention in that office at the | ||||||
| 21 | next term.
| ||||||
| 22 | (c) The Supreme Court shall allot the first eligible DeKalb | ||||||
| 23 | County vacancy, the first eligible Kendall County vacancy, and | ||||||
| 24 | the first 3 eligible Kane County vacancies in resident | ||||||
| 25 | judgeships of the 16th circuit as provided in subsection (b),
| ||||||
| 26 | for election from the
various
subcircuits. The judgeships shall | ||||||
| |||||||
| |||||||
| 1 | be assigned to the subcircuits based upon the numerical order | ||||||
| 2 | of the 5 subcircuits. No resident judge of the 16th circuit | ||||||
| 3 | serving on
the effective date of this amendatory Act of the | ||||||
| 4 | 93rd General Assembly shall be
required to change his or her | ||||||
| 5 | residency in order to continue serving in office
or
to seek | ||||||
| 6 | retention in office as judgeships are allotted by the
Supreme | ||||||
| 7 | Court in accordance with this Section.
| ||||||
| 8 | (d) A resident judge elected from a subcircuit shall | ||||||
| 9 | continue to reside in
that
subcircuit as long as he or she | ||||||
| 10 | holds that office.
A resident judge elected from a subcircuit | ||||||
| 11 | after January 1, 2008, must retain residency as a registered | ||||||
| 12 | voter in the subcircuit to run for retention from the circuit | ||||||
| 13 | at large thereafter.
| ||||||
| 14 | (e) Vacancies in resident judgeships of the 16th circuit | ||||||
| 15 | shall be
filled
in the manner provided in Article VI of the | ||||||
| 16 | Illinois Constitution.
| ||||||
| 17 | (Source: P.A. 94-3, eff. 5-31-05; 95-610, eff. 9-11-07.) | ||||||
| 18 | (705 ILCS 35/2k new)
| ||||||
| 19 | Sec. 2k. Additional 16th circuit resident judge; Kane | ||||||
| 20 | County. In addition to the number of circuit judges otherwise | ||||||
| 21 | authorized by this Act, there shall be one additional judge | ||||||
| 22 | elected in the 16th judicial circuit who shall be a resident of | ||||||
| 23 | and elected from Kane County. The additional resident circuit | ||||||
| 24 | judgeship created by this Section may be filled by appointment | ||||||
| 25 | by the Illinois Supreme Court until the judgeship is filled by | ||||||
| |||||||
| |||||||
| 1 | election beginning at the 2010 general election. The judgeship | ||||||
| 2 | provided by this Section shall not be a subcircuit judgeship. | ||||||
| 3 | (705 ILCS 35/2m new)
| ||||||
| 4 | Sec. 2m. Additional 16th circuit resident judge; DeKalb | ||||||
| 5 | County. In addition to the number of circuit judges otherwise | ||||||
| 6 | authorized by this Act, there shall be one additional judge | ||||||
| 7 | elected in the 16th judicial circuit who shall be a resident of | ||||||
| 8 | and elected from DeKalb County. The additional resident circuit | ||||||
| 9 | judgeship created by this Section may be filled by appointment | ||||||
| 10 | by the Illinois Supreme Court until the judgeship is filled by | ||||||
| 11 | election beginning at the 2010 general election. The judgeship | ||||||
| 12 | provided by this Section shall not be a subcircuit judgeship. | ||||||
| 13 | (705 ILCS 35/2n new) | ||||||
| 14 | Sec. 2n. Additional 16th circuit resident judge; Kendall | ||||||
| 15 | County. In addition to the number of circuit judges otherwise | ||||||
| 16 | authorized by this Act, there shall be one additional judge | ||||||
| 17 | elected in the 16th judicial circuit who shall be a resident of | ||||||
| 18 | and elected from Kendall County. The additional resident | ||||||
| 19 | circuit judgeship created by this Section may be filled by | ||||||
| 20 | appointment by the Illinois Supreme Court until the judgeship | ||||||
| 21 | is filled by election beginning at the 2010 general election. | ||||||
| 22 | The judgeship provided by this Section shall not be a | ||||||
| 23 | subcircuit judgeship. | ||||||
| |||||||
| |||||||
| 1 | (705 ILCS 35/2p new)
| ||||||
| 2 | Sec. 2p. Additional 13th circuit resident judge; Grundy | ||||||
| 3 | County. In addition to the number of circuit judges otherwise | ||||||
| 4 | authorized by this Act, there shall be one additional circuit | ||||||
| 5 | judge in the
13th circuit who shall be a resident of and | ||||||
| 6 | elected from Grundy County. The judgeship shall be filled by | ||||||
| 7 | appointment until it is filled by election at the general | ||||||
| 8 | election in November of 2010. | ||||||
| 9 | (705 ILCS 35/2q new) | ||||||
| 10 | Sec. 2q. Additional 17th circuit resident judge; Boone | ||||||
| 11 | County. In addition to the number of circuit judges otherwise | ||||||
| 12 | authorized by this Act, there shall be one additional judge | ||||||
| 13 | elected in the 17th judicial circuit who shall be a resident of | ||||||
| 14 | and elected from Boone County. The additional resident circuit | ||||||
| 15 | judgeship created by this Section may be filled by appointment | ||||||
| 16 | by the Illinois Supreme Court until the judgeship is filled by | ||||||
| 17 | election beginning at the 2010 general election. The judgeship | ||||||
| 18 | provided by this Section shall not be a subcircuit judgeship. A | ||||||
| 19 | resident judge elected from Boone County under this Section | ||||||
| 20 | must continue to reside in Boone County as long as he or she | ||||||
| 21 | holds that office. | ||||||
| 22 | (705 ILCS 35/2r new)
| ||||||
| 23 | Sec. 2r. Additional 22nd circuit resident judge. In | ||||||
| 24 | addition to the number of circuit judges otherwise authorized | ||||||
| |||||||
| |||||||
| 1 | by this Act, there shall be one additional judge elected in the | ||||||
| 2 | 22nd judicial circuit. The additional resident circuit | ||||||
| 3 | judgeship created by this Section may be filled by appointment | ||||||
| 4 | by the Illinois Supreme Court until the judgeship is filled by | ||||||
| 5 | election beginning at the 2010 general election. The judgeship | ||||||
| 6 | provided by this Section shall not be a subcircuit judgeship. | ||||||
| 7 | Section 10. The Associate Judges Act is amended by adding | ||||||
| 8 | Sections 2.2, 2.3, 2.4, and 2.5 as follows: | ||||||
| 9 | (705 ILCS 45/2.2 new)
| ||||||
| 10 | Sec. 2.2. Additional associate judge; 16th circuit. In | ||||||
| 11 | addition to the number of associate judges authorized under | ||||||
| 12 | Sections 2 and 2.1 of this Act, there shall be one additional | ||||||
| 13 | associate judge appointed in the 16th circuit. | ||||||
| 14 | (705 ILCS 45/2.3 new) | ||||||
| 15 | Sec. 2.3. Additional associate judge; 17th circuit. In | ||||||
| 16 | addition to the number of associate judges authorized under | ||||||
| 17 | Sections 2 and 2.1 of this Act, there shall be one additional | ||||||
| 18 | associate judge appointed in the 17th circuit. | ||||||
| 19 | (705 ILCS 45/2.4 new)
| ||||||
| 20 | Sec. 2.4. Additional associate judges; 18th circuit. In | ||||||
| 21 | addition to the number of associate judges authorized under | ||||||
| 22 | Sections 2 and 2.1 of this Act, there shall be 2 additional | ||||||
| |||||||
| |||||||
| 1 | associate judges appointed in the 18th circuit. | ||||||
| 2 | (705 ILCS 45/2.5 new)
| ||||||
| 3 | Sec. 2.5. Additional associate judge; 13th circuit. In | ||||||
| 4 | addition to the number of associate judges authorized under | ||||||
| 5 | Sections 2 and 2.1 of this Act, there shall be one additional | ||||||
| 6 | associate judge appointed in the 13th circuit.
| ||||||
| 7 | Section 99. Effective date. This Act takes effect upon | ||||||
| 8 | becoming law.
| ||||||