102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1608

 

Introduced 2/26/2021, by Sen. Bill Cunningham

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 35/2  from Ch. 37, par. 72.2
705 ILCS 35/2f  from Ch. 37, par. 72.2f
705 ILCS 40/2  from Ch. 37, par. 72.42
705 ILCS 45/2  from Ch. 37, par. 160.2

    Amends the Circuit Courts Act, the Judicial Vacancies Act, and the Associate Judges Act. Increases the number of resident judges in Cook County from 165 to 270, the new judges to replace vacating judges as vacancies occur in Cook County circuit judgeships and associate judgeships. Reduces the number of circuit judges in Cook County by 94 as vacancies occur on and after the effective date of the amendatory Act. Reduces the number of associate judges in Cook County by 11 as vacancies occur on and after the effective date of the amendatory Act. Provides that resident judgeship vacancies shall be filled by appointment by the Supreme Court. Effective immediately.


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JUDICIAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Circuit Courts Act is amended by changing
5Sections 2 and 2f as follows:
 
6    (705 ILCS 35/2)  (from Ch. 37, par. 72.2)
7    Sec. 2. Circuit judges shall be elected at the general
8elections and for terms as provided in Article VI of the
9Illinois Constitution. Ninety-four circuit judges shall be
10elected in the Circuit of Cook County prior to the effective
11date of this amendatory Act of the 102nd General Assembly, and
12for each vacancy that exists on or occurs on or after the
13effective date of this amendatory Act of the 102nd General
14Assembly, that number shall be reduced by one until the 94
15circuit judgeships have been allocated to subcircuits, and 3
16circuit judges shall be elected in each of the other circuits
17except as provided in this Section. In circuits other than
18Cook County containing a population of 230,000 or more
19inhabitants and in which there is included a county containing
20a population of 200,000 or more inhabitants, or in circuits
21other than Cook County containing a population of 270,000 or
22more inhabitants, according to the last preceding federal
23census and in the circuit where the seat of State government is

 

 

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1situated at the time fixed by law for the nomination of judges
2of the Circuit Court in such circuit and in any circuit which
3meets the requirements set out in Section 2a of this Act, 4
4circuit judges shall be elected in the manner provided by law.
5In circuits other than Cook County in which each county in the
6circuit has a population of 475,000 or more, 4 circuit judges
7shall be elected in addition to the 4 circuit judges provided
8for in this Section. In any circuit composed of 2 counties
9having a total population of 350,000 or more, one circuit
10judge shall be elected in addition to the 4 circuit judges
11provided for in this Section.
12    Any additional circuit judgeships in the 19th and 22nd
13judicial circuits resulting by operation of this Section shall
14be filled, if at all, at the general election in 2006 only as
15provided in Section 2f-1. Thereafter, however, this Section
16shall not apply to the determination of the number of circuit
17judgeships in the 19th and 22nd judicial circuits. The number
18of circuit judgeships in the 19th judicial circuit shall be
19determined thereafter in accordance with Section 2f-1 and
20Section 2f-2 and shall be reduced in accordance with those
21Sections. The number of circuit judgeships in the 22nd
22judicial circuit shall be determined thereafter in accordance
23with Section 2f-1 and Section 2f-5 and shall be reduced in
24accordance with those Sections.
25    Notwithstanding the provisions of this Section or any
26other law, the number of at large judgeships of the 12th

 

 

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1judicial circuit may be reduced as provided in subsections
2(a-10) and (a-15) of Section 2f-4.
3    In the 23rd judicial circuit, there shall be no at large
4circuit judgeships and only resident circuit judges shall be
5elected as provided in Sections 2f-10 and 2f-11.
6    The several judges of the circuit courts of this State,
7before entering upon the duties of their office, shall take
8and subscribe the following oath or affirmation, which shall
9be filed in the office of the Secretary of State:
10    "I do solemnly swear (or affirm, as the case may be) that I
11will support the constitution of the United States, and the
12constitution of the State of Illinois, and that I will
13faithfully discharge the duties of judge of.... court,
14according to the best of my ability."
15    One of the 3 additional circuit judgeships authorized by
16this amendatory Act in circuits other than Cook County in
17which each county in the circuit has a population of 475,000 or
18more may be filled when this Act becomes law. The 2 remaining
19circuit judgeships in such circuits shall not be filled until
20on or after July 1, 1977.
21(Source: P.A. 96-108, eff. 7-30-09; 97-1069, eff. 8-24-12.)
 
22    (705 ILCS 35/2f)  (from Ch. 37, par. 72.2f)
23    Sec. 2f. (a) The Circuit of Cook County shall be divided
24into 15 units to be known as subcircuits. The subcircuits
25shall be compact, contiguous, and substantially equal in

 

 

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1population. The General Assembly shall create the subcircuits
2by law on or before July 1, 1991, using population data as
3determined by the 1990 Federal census.
4    (a-5) In 2021, the General Assembly shall redraw the
5boundaries of the subcircuits to reflect the results of the
62020 federal decennial census. The General Assembly shall
7redraw the subcircuit boundaries after every federal decennial
8census. The subcircuits shall be compact, contiguous, and
9substantially equal in population. In accordance with
10subsection (d), a resident judgeship assigned to a subcircuit
11shall continue to be assigned to that subcircuit. Any vacancy
12in a resident judgeship existing on or occurring after the
13effective date of a law redrawing the boundaries of the
14subcircuits shall be filled by a resident of the redrawn
15subcircuit.
16    (b) The 270 165 resident judges to be elected from the
17Circuit of Cook County shall be determined under paragraph (4)
18of subsection (a) of Section 2 of the Judicial Vacancies Act.
19    (c) The Supreme Court shall allot (i) the additional
20resident judgeships provided by paragraph (4) of subsection
21(a) of Section 2 of the Judicial Vacancies Act and (ii) all
22vacancies in resident judgeships existing on or occurring on
23or after February 15, 1991 the effective date of this
24amendatory Act of 1990, with respect to the other resident
25judgeships of the Circuit of Cook County, for election from
26the various subcircuits until there are 18 11 resident judges

 

 

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1to be elected from each of the 15 subcircuits (for a total of
2270 165). A resident judgeship authorized before February 15,
31991 the effective date of this amendatory Act of 1990 that
4became vacant and was filled by appointment by the Supreme
5Court before February 15, 1991 that effective date shall be
6filled by election at the general election in November of 1992
7from the unit of the Circuit of Cook County within Chicago or
8the unit of that Circuit outside Chicago, as the case may be,
9in which the vacancy occurred.
10    (d) As soon as practicable after the subcircuits are
11created by law, the Supreme Court shall determine by lot a
12numerical order for the 15 subcircuits. That numerical order
13shall be the basis for the order in which resident judgeships
14are assigned to the subcircuits. After the first round of
15assignments, the second and all later rounds shall be based on
16the same numerical order. Once a resident judgeship is
17assigned to a subcircuit, it shall continue to be assigned to
18that subcircuit for all purposes.
19    (e) A resident judge elected from a subcircuit shall
20continue to reside in that subcircuit as long as he or she
21holds that office. A resident judge elected from a subcircuit
22after January 1, 2008, must retain residency as a registered
23voter in the subcircuit to run for retention from the circuit
24at large thereafter.
25(Source: P.A. 101-477, eff. 6-1-20.)
 

 

 

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1    Section 10. The Judicial Vacancies Act is amended by
2changing Section 2 as follows:
 
3    (705 ILCS 40/2)  (from Ch. 37, par. 72.42)
4    Sec. 2. (a) Except as provided in paragraphs (1), (2),
5(3), (4), and (5) of this subsection (a), vacancies in the
6office of a resident circuit judge in any county or in any unit
7or subcircuit of any circuit shall not be filled.
8        (1) If in any county of less than 45,000 inhabitants
9    there remains in office no other resident judge following
10    the occurrence of a vacancy, such vacancy shall be filled.
11        (2) If in any county of 45,000 or more but less than
12    60,000 inhabitants there remains in office only one
13    resident judge following the occurrence of a vacancy, such
14    vacancy shall be filled.
15        (3) If in any county of 60,000 or more inhabitants,
16    other than the County of Cook or as provided in paragraph
17    (5), there remain in office no more than 2 resident judges
18    following the occurrence of a vacancy, such vacancy shall
19    be filled.
20        (4) The County of Cook shall have 270 165 resident
21    judges on and after the effective date of this amendatory
22    Act of the 102nd General Assembly 1990. Of those resident
23    judgeships, (i) 56 shall be those authorized before
24    February 15, 1991 the effective date of this amendatory
25    Act of 1990 from the unit of the Circuit of Cook County

 

 

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1    within Chicago, (ii) 27 shall be those authorized before
2    February 15, 1991 the effective date of this amendatory
3    Act of 1990 from the unit of the Circuit of Cook County
4    outside Chicago, (iii) 12 shall be additional resident
5    judgeships first elected at the general election in
6    November of 1992, (iv) 10 shall be additional resident
7    judgeships first elected at the general election in
8    November of 1994, and (v) 60 shall be additional resident
9    judgeships to be authorized one each for each reduction
10    upon vacancy in the office of associate judge in the
11    Circuit of Cook County as those vacancies exist or occur
12    on and after February 15, 1991 the effective date of this
13    amendatory Act of 1990 and as those vacancies are
14    determined under subsection (b) of Section 2 of the
15    Associate Judges Act until the total resident judgeships
16    authorized under this item (v) is 60, (vi) 11 shall be
17    additional resident judgeships to be authorized one each
18    for each reduction upon vacancy in the office of associate
19    judge in the Circuit of Cook County as those vacancies
20    exist or occur on and after the effective date of this
21    amendatory Act of the 102nd General Assembly and as those
22    vacancies are determined under subsection (b) of Section 2
23    of the Associate Judges Act until the total resident
24    judgeships authorized under this item (vi) is 11, and
25    (vii) 94 shall be additional resident judgeships to be
26    authorized one each for each reduction upon vacancy in the

 

 

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1    office of circuit judge in the Circuit of Cook County as
2    those vacancies exist or occur on and after the effective
3    date of this amendatory Act of the 102nd General Assembly
4    and as those vacancies are determined under Section 2 of
5    the Circuit Courts Act until the total resident judgeships
6    authorized under this item (vii) is 94. Seven of the 12
7    additional resident judgeships provided in item (iii) may
8    be filled by appointment by the Supreme Court during the
9    period beginning on February 15, 1991 the effective date
10    of this amendatory Act of 1990 and ending 60 days before
11    the primary election in March of 1992; those judicial
12    appointees shall serve until the first Monday in December
13    of 1992. Five of the 12 additional resident judgeships
14    provided in item (iii) may be filled by appointment by the
15    Supreme Court during the period beginning July 1, 1991 and
16    ending 60 days before the primary election in March of
17    1992; those judicial appointees shall serve until the
18    first Monday in December of 1992. Five of the 10
19    additional resident judgeships provided in item (iv) may
20    be filled by appointment by the Supreme Court during the
21    period beginning July 1, 1992 and ending 60 days before
22    the primary election in March of 1994; those judicial
23    appointees shall serve until the first Monday in December
24    of 1994. The remaining 5 of the 10 additional resident
25    judgeships provided in item (iv) may be filled by
26    appointment by the Supreme Court during the period

 

 

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1    beginning July 1, 1993 and ending 60 days before the
2    primary election in March of 1994; those judicial
3    appointees shall serve until the first Monday in December
4    1994. The additional resident judgeships created upon
5    vacancy in the office of associate judge provided in item
6    (v) may be filled by appointment by the Supreme Court
7    beginning on February 15, 1991, and the additional
8    resident judgeships created upon vacancy in the office of
9    associate judge provided in item (vi) and in the office of
10    the circuit judge provided in item (vii) may be filled by
11    appointment by the Supreme Court beginning on the
12    effective date of this amendatory Act of the 102nd General
13    Assembly the effective date of this amendatory Act of
14    1990; but no additional resident judgeships created upon
15    vacancy in the office of associate judge provided in item
16    (v) shall be filled during the 59 day period before the
17    next primary election to nominate judges. The Circuit of
18    Cook County shall be divided into units to be known as
19    subcircuits as provided in Section 2f of the Circuit
20    Courts Act. A vacancy in the office of resident judge of
21    the Circuit of Cook County existing on or occurring on or
22    after February 15, 1991 the effective date of this
23    amendatory Act of 1990, but before the date the
24    subcircuits are created by law, shall be filled by
25    appointment by the Supreme Court from the unit within
26    Chicago or the unit outside Chicago, as the case may be, in

 

 

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1    which the vacancy occurs and filled by election from the
2    subcircuit to which it is allotted under Section 2f of the
3    Circuit Courts Act. A vacancy in the office of resident
4    judge of the Circuit of Cook County existing on or
5    occurring on or after the date the subcircuits are created
6    by law shall be filled by appointment by the Supreme Court
7    and by election from the subcircuit to which it is
8    allotted under Section 2f of the Circuit Courts Act.
9        (5) Notwithstanding paragraphs (1), (2), and (3) of
10    this subsection (a), resident judges in the 12th, 16th,
11    17th, 19th, 22nd, and 23rd judicial circuits are as
12    provided in Sections 2f-1, 2f-2, 2f-4, 2f-5, 2f-6, 2f-9,
13    and 2f-10 of the Circuit Courts Act.
14    (b) Nothing in paragraphs (2) or (3) of subsection (a) of
15this Section shall be construed to require or permit in any
16county a greater number of resident judges than there were
17resident associate judges on January 1, 1967.
18    (c) Vacancies authorized to be filled by this Section 2
19shall be filled in the manner provided in Article VI of the
20Constitution.
21    (d) A person appointed to fill a vacancy in the office of
22circuit judge shall be, at the time of appointment, a resident
23of the subcircuit from which the person whose vacancy is being
24filled was elected if the vacancy occurred in a circuit
25divided into subcircuits. If a vacancy in the office of
26circuit judge occurred in a circuit not divided into

 

 

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1subcircuits, a person appointed to fill the vacancy shall be,
2at the time of appointment, a resident of the circuit from
3which the person whose vacancy is being filled was elected.
4Except as provided in Sections 2f-1, 2f-2, 2f-4, 2f-5, 2f-6,
5and 2f-9 of the Circuit Courts Act, if a vacancy occurred in
6the office of a resident circuit judge, a person appointed to
7fill the vacancy shall be, at the time of appointment, a
8resident of the county from which the person whose vacancy is
9being filled was elected.
10(Source: P.A. 98-744, eff. 7-16-14.)
 
11    Section 15. The Associate Judges Act is amended by
12changing Section 2 as follows:
 
13    (705 ILCS 45/2)  (from Ch. 37, par. 160.2)
14    Sec. 2. (a) The maximum number of associate judges
15authorized for each circuit is the greater of the applicable
16minimum number specified in this Section or one for each
1735,000 or fraction thereof in population as determined by the
18last preceding Federal census, except for circuits with a
19population of more than 3,000,000 where the maximum number of
20associate judges is one for each 29,000 or fraction thereof in
21population as determined by the last preceding federal census,
22reduced in circuits of less than 200,000 inhabitants by the
23number of resident circuit judges elected in the circuit in
24excess of one per county. In addition, in circuits of

 

 

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11,000,000 or more inhabitants, there shall be one additional
2associate judge authorized for each municipal district of the
3circuit court. The number of associate judges to be appointed
4in each circuit, not to exceed the maximum authorized, shall
5be determined from time to time by the Circuit Court. The
6minimum number of associate judges authorized for any circuit
7consisting of a single county shall be 14, except that the
8minimum in the 22nd circuit shall be 8 and except that the
9minimum in the 19th circuit on and after December 4, 2006 shall
10be 20. The minimum number of associate judges authorized for
11any circuit consisting of 2 counties with a combined
12population of at least 275,000 but less than 300,000 shall be
1310. The minimum number of associate judges authorized for any
14circuit with a population of at least 303,000 but not more than
15309,000 shall be 10. The minimum number of associate judges
16authorized for any circuit with a population of at least
17329,000, but not more than 349,999 shall be 11. The minimum
18number of associate judges authorized for any circuit with a
19population of at least 173,000 shall be 5. As used in this
20Section, the term "resident circuit judge" has the meaning
21given it in the Judicial Vacancies Act.
22    (b) The maximum number of associate judges authorized
23under subsection (a) for a circuit with a population of more
24than 3,000,000 shall be reduced as provided in this subsection
25(b). For each vacancy that exists on or occurs on or after
26February 15, 1991 the effective date of this amendatory Act of

 

 

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11990, that maximum number shall be reduced by one until the
2total number of associate judges authorized under subsection
3(a) is reduced by 60. Additionally, for each vacancy that
4exists on or occurs on or after the effective date of this
5amendatory Act of the 102nd General Assembly, that maximum
6number shall be reduced by one until the total number of
7associate judges authorized under subsection (a) is reduced by
811. A vacancy exists or occurs when an associate judge dies,
9resigns, retires, is removed, or is not reappointed upon
10expiration of his or her term; a vacancy does not exist or
11occur at the expiration of a term if the associate judge is
12reappointed.
13    (c) The maximum number of associate judges authorized
14under subsection (a) for the 17th judicial circuit shall be
15reduced as provided in this subsection (c). Due to the vacancy
16that exists on or after the effective date of this amendatory
17Act of the 93rd General Assembly in the associate judgeship
18that is converted into a resident judgeship under subsection
19(a-10) of Section 2f-6 of the Circuit Courts Act, the maximum
20number of judges authorized under subsection (a) of this
21Section shall be reduced by one. A vacancy exists or occurs
22when an associate judge dies, resigns, retires, is removed, or
23is not reappointed upon expiration of his or her term; a
24vacancy does not exist or occur at the expiration of a term if
25the associate judge is reappointed.
26    (d) The maximum number of associate judges authorized

 

 

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1under subsection (a) for the 23rd judicial circuit shall be
2reduced as provided in this subsection (d). Due to the vacancy
3that exists on or after the effective date of this amendatory
4Act of the 98th General Assembly in the associate judgeship
5that is converted into a resident judgeship under subsection
6(k) of Section 2f-10 of the Circuit Courts Act, the maximum
7number of judges authorized under subsection (a) of this
8Section shall be reduced by one.
9(Source: P.A. 98-744, eff. 7-16-14; 99-520, eff. 6-30-16.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.