94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0654

 

Introduced 1/28/2005, by Rep. Jack D. Franks

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 35/2f   from Ch. 37, par. 72.2f
705 ILCS 35/2f-2
705 ILCS 35/2f-4
705 ILCS 35/2f-5

    Amends the Circuit Courts Act. Provides that a resident judge elected from a subcircuit shall continue to reside in that subcircuit as long as he or she holds that office, including all terms held as a result of a retention election (now, as long as he or she holds that office). Effective immediately.


LRB094 04106 JAM 34126 b

 

 

A BILL FOR

 

HB0654 LRB094 04106 JAM 34126 b

1     AN ACT concerning the courts.
 
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 2f, 2f-2, 2f-4, and 2f-5 as follows:
 
6     (705 ILCS 35/2f)  (from Ch. 37, par. 72.2f)
7     Sec. 2f. (a) The Circuit of Cook County shall be divided
8 into 15 units to be known as subcircuits. The subcircuits shall
9 be compact, contiguous, and substantially equal in population.
10 The General Assembly shall create the subcircuits by law on or
11 before July 1, 1991, using population data as determined by the
12 1990 Federal census.
13     (b) The 165 resident judges to be elected from the Circuit
14 of Cook County shall be determined under paragraph (4) of
15 subsection (a) of Section 2 of the Judicial Vacancies Act.
16     (c) The Supreme Court shall allot (i) the additional
17 resident judgeships provided by paragraph (4) of subsection (a)
18 of Section 2 of the Judicial Vacancies Act and (ii) all
19 vacancies in resident judgeships existing on or occurring on or
20 after the effective date of this amendatory Act of 1990, with
21 respect to the other resident judgeships of the Circuit of Cook
22 County, for election from the various subcircuits until there
23 are 11 resident judges to be elected from each of the 15
24 subcircuits (for a total of 165). A resident judgeship
25 authorized before the effective date of this amendatory Act of
26 1990 that became vacant and was filled by appointment by the
27 Supreme Court before that effective date shall be filled by
28 election at the general election in November of 1992 from the
29 unit of the Circuit of Cook County within Chicago or the unit
30 of that Circuit outside Chicago, as the case may be, in which
31 the vacancy occurred.
32     (d) As soon as practicable after the subcircuits are

 

 

HB0654 - 2 - LRB094 04106 JAM 34126 b

1 created by law, the Supreme Court shall determine by lot a
2 numerical order for the 15 subcircuits. That numerical order
3 shall be the basis for the order in which resident judgeships
4 are assigned to the subcircuits. After the first round of
5 assignments, the second and all later rounds shall be based on
6 the same numerical order. Once a resident judgeship is assigned
7 to a subcircuit, it shall continue to be assigned to that
8 subcircuit for all purposes.
9     (e) A resident judge elected from a subcircuit shall
10 continue to reside in that subcircuit as long as he or she
11 holds that office, including all terms held as a result of a
12 retention election.
13 (Source: P.A. 86-1478.)
 
14     (705 ILCS 35/2f-2)
15     Sec. 2f-2. 19th judicial circuit; subcircuits.
16     (a) The 19th circuit shall be divided into 6 subcircuits.
17 The subcircuits shall be compact, contiguous, and
18 substantially equal in population. The General Assembly by law
19 shall create the subcircuits, using population data as
20 determined by the 2000 federal census, and shall determine a
21 numerical order for the 6 subcircuits. That numerical order
22 shall be the basis for the order in which resident judgeships
23 are assigned to the subcircuits. Once a resident judgeship is
24 assigned to a subcircuit, it shall continue to be assigned to
25 that subcircuit for all purposes.
26     (b) The 19th circuit shall have a total of 6 resident
27 judgeships.
28     (c) The Supreme Court shall allot (i) all vacancies in
29 resident judgeships of the 19th circuit existing on or
30 occurring on or after the effective date of this amendatory Act
31 of the 93rd General Assembly and not filled at the 2004 general
32 election and (ii) the resident judgeships of the 19th circuit
33 filled at the 2004 general election as those judgeships
34 thereafter become vacant, for election from the various
35 subcircuits until there is one resident judge to be elected

 

 

HB0654 - 3 - LRB094 04106 JAM 34126 b

1 from each subcircuit. No resident judge of the 19th circuit
2 serving on the effective date of this amendatory Act of the
3 93rd General Assembly shall be required to change his or her
4 residency in order to continue serving in office or to seek
5 retention in office as resident judgeships are allotted by the
6 Supreme Court in accordance with this Section.
7     (d) A resident judge of a subcircuit must reside in the
8 subcircuit and must continue to reside in that subcircuit as
9 long as he or she holds that office, including all terms held
10 as a result of a retention election.
11     (e) Vacancies in resident judgeships of the 19th circuit
12 shall be filled in the manner provided in Article VI of the
13 Illinois Constitution.
14 (Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04.)
 
15     (705 ILCS 35/2f-4)
16     Sec. 2f-4. 12th circuit; subcircuits; additional judges.
17     (a) The 12th circuit shall be divided into 5 subcircuits.
18 The subcircuits shall be compact, contiguous, and
19 substantially equal in population. The General Assembly by law
20 shall create the subcircuits, using population data as
21 determined by the 2000 federal census, and shall determine a
22 numerical order for the 5 subcircuits. That numerical order
23 shall be the basis for the order in which resident judgeships
24 are assigned to the subcircuits. Once a resident judgeship is
25 assigned to a subcircuit, it shall continue to be assigned to
26 that subcircuit for all purposes.
27     (a-10) Of the 12th circuit's 10 existing circuit judgeships
28 (8 at large and 2 resident), 2 shall be allotted as 12th
29 circuit resident judgeships under subsection (c) as the first 2
30 of any of those at large and resident judgeships become vacant
31 on or after August 18, 2003. As used in this subsection, a
32 vacancy does not include the expiration of a term of an at
33 large or resident judge who seeks retention in that office at
34 the next term.
35     (b) The 12th circuit shall have 3 additional resident

 

 

HB0654 - 4 - LRB094 04106 JAM 34126 b

1 judgeships, as well as its 2 existing resident judgeships, and
2 8 at large judgeships, for a total of 13 judgeships available
3 to be allotted to the 5 subcircuit resident judgeships. The
4 additional resident judgeship created by Public Act 93-541
5 shall be filled by election beginning at the general election
6 in 2006. The 2 additional resident judgeships created by this
7 amendatory Act of 2004 shall be filled by election beginning at
8 the general election in 2008. After the subcircuits are created
9 by law, the Supreme Court may fill by appointment the
10 additional resident judgeships created by Public Act 93-541 and
11 this amendatory Act of 2004 until the 2006 or 2008 general
12 election, as the case may be.
13     (c) The Supreme Court shall allot (i) the additional
14 resident judgeships of the 12th circuit created by Public Act
15 93-541 and this amendatory Act of 2004, and (ii) the first 2
16 vacancies in the at large and resident judgeships of the 12th
17 circuit as provided in subsection (a-10), for election from the
18 various subcircuits until there is one resident judge to be
19 elected from each subcircuit. No at large or resident judge of
20 the 12th circuit serving on August 18, 2003 shall be required
21 to change his or her residency in order to continue serving in
22 office or to seek retention in office as at large or resident
23 judgeships are allotted by the Supreme Court in accordance with
24 this Section.
25     (d) A resident judge of a subcircuit must reside in the
26 subcircuit and must continue to reside in that subcircuit as
27 long as he or she holds that office, including all terms held
28 as a result of a retention election.
29     (e) Vacancies in resident judgeships of the 12th circuit
30 shall be filled in the manner provided in Article VI of the
31 Illinois Constitution.
32 (Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04.)
 
33     (705 ILCS 35/2f-5)
34     Sec. 2f-5. 22nd circuit; subcircuits.
35     (a) The 22nd circuit shall be divided into 3 subcircuits.

 

 

HB0654 - 5 - LRB094 04106 JAM 34126 b

1 The subcircuits shall be compact, contiguous, and
2 substantially equal in population. The General Assembly by law
3 shall create the subcircuits, using population data as
4 determined by the 2000 federal census, and shall determine a
5 numerical order for the 3 subcircuits. That numerical order
6 shall be the basis for the order in which resident judgeships
7 are assigned to the subcircuits. Once a resident judgeship is
8 assigned to a subcircuit, it shall continue to be assigned to
9 that subcircuit for all purposes.
10     (b) The 22nd circuit shall have a total of 3 resident
11 judgeships.
12     (c) The Supreme Court shall allot (i) all vacancies in
13 resident judgeships of the 22nd circuit existing on or
14 occurring on or after the effective date of this amendatory Act
15 of the 93rd General Assembly and not filled at the 2004 general
16 election and (ii) the resident judgeships of the 22nd circuit
17 filled at the 2004 general election as those judgeships
18 thereafter become vacant, for election from the various
19 subcircuits until there is one resident judge to be elected
20 from each subcircuit. No resident judge of the 22nd circuit
21 serving on the effective date of this amendatory Act of the
22 93rd General Assembly shall be required to change his or her
23 residency in order to continue serving in office or to seek
24 retention in office as resident judgeships are allotted by the
25 Supreme Court in accordance with this Section.
26     (d) A resident judge of a subcircuit must reside in the
27 subcircuit and must continue to reside in that subcircuit as
28 long as he or she holds that office, including all terms held
29 as a result of a retention election.
30     (e) Vacancies in resident judgeships of the 22nd circuit
31 shall be filled in the manner provided in Article VI of the
32 Illinois Constitution.
33 (Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04.)
 
34     Section 99. Effective date. This Act takes effect upon
35 becoming law.