94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
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Introduced 1/25/2005, by Rep. Elizabeth Coulson

 

SYNOPSIS AS INTRODUCED:
 
ILCON Art. VI, Sec. 7
ILCON Art. VI, Sec. 8
ILCON Art. VI, Sec. 12
ILCON Art. VI, Sec. 12.1 new
ILCON Art. VI, Sec. 12.2 new
ILCON Art. VI, Sec. 12.3 new
ILCON Art. VI, Sec. 12.4 new
ILCON Art. VI, Sec. 12.5 new

    Proposes to amend the Judiciary Article of the Illinois Constitution. Provides for the appointment of Supreme and Appellate Court Judges, and Circuit Judges in the First Judicial District and circuits adopting merit selection by referendum, by the Governor from nominees submitted by Judicial Nominating Commissions. Permits other Judicial Circuits to adopt by referendum a plan for merit selection of Circuit Judges. Provides that Judicial Review Commissions shall be established to decide whether appointed Judges shall be retained. Provides for Associate Judges to be phased out in the First Judicial District and in circuits adopting merit selection. Makes other changes. Effective upon approval by the electors.


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A BILL FOR

 

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1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3     RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
4 NINETY-FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5 SENATE CONCURRING HEREIN, that there shall be submitted to the
6 electors of the State for adoption or rejection at the general
7 election next occurring at least 6 months after the adoption of
8 this resolution a proposition to amend Article VI of the
9 Illinois Constitution by changing Sections 7, 8, and 12 and
10 adding Sections 12.1, 12.2, 12.3, 12.4, and 12.5 as follows:
 
11
ARTICLE VI
12
THE JUDICIARY

13     (ILCON Art. VI, Sec. 7)
14 SECTION 7. JUDICIAL CIRCUITS
15     (a) The State shall be divided into Judicial Circuits
16 consisting of one or more counties. The First Judicial District
17 shall constitute a Judicial Circuit. The Judicial Circuits
18 within the other Judicial Districts shall be as provided by
19 law. Circuits composed of more than one county shall be compact
20 and of contiguous counties. The General Assembly by law may
21 provide for the division of a circuit for the purpose of
22 selection of Circuit Judges and for the selection of Circuit
23 Judges from the circuit at large.
24     (b) Each Judicial Circuit shall have one Circuit Court with
25 such number of Circuit Judges as provided by law. Unless
26 otherwise provided by law, there shall be at least one Circuit
27 Judge from each county. In the First Judicial District, unless
28 otherwise provided by law, Cook County, Chicago, and the area
29 outside Chicago shall be separate units for the selection of
30 Circuit Judges, with at least twelve chosen at large from the
31 area outside Chicago and at least thirty-six chosen at large
32 from Chicago.
33     (c) Circuit Judges in each circuit shall select by secret

 

 

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1 ballot a Chief Judge from their number to serve at their
2 pleasure. Subject to the authority of the Supreme Court, the
3 Chief Judge shall have general administrative authority over
4 his court, including authority to provide for divisions,
5 general or specialized, and for appropriate times and places of
6 holding court.
7 (Source: Illinois Constitution.)
 
8     (ILCON Art. VI, Sec. 8)
9 SECTION 8. ASSOCIATE JUDGES
10     Each Circuit Court shall have such number of Associate
11 Judges as provided by law. In the First Judicial District and
12 in each Judicial Circuit that adopts Sections 12.1 and 12.3 by
13 a local option referendum under Section 12.2, no new Associate
14 Judges shall be appointed, but existing Associate Judges shall
15 be eligible for reappointment by the Circuit Judges in each
16 circuit as the Supreme Court shall provide by rule; otherwise
17 Associate Judges shall be appointed by the Circuit Judges in
18 each circuit as the Supreme Court shall provide by rule. In the
19 First Judicial District, unless otherwise provided by law, at
20 least one-fourth of the Associate Judges shall be appointed
21 from, and reside, outside Chicago. The Supreme Court shall
22 provide by rule for matters to be assigned to Associate Judges.
23 (Source: Illinois Constitution.)
 
24     (ILCON Art. VI, Sec. 12)
25 SECTION 12. ELECTION OF CIRCUIT JUDGES AND RETENTION
26     (a) In the First Judicial District and in Judicial Circuits
27 that adopt Sections 12.1 and 12.3 by a local option referendum
28 under Section 12.2, Circuit Judges shall be selected in the
29 manner provided by those Sections, unless that manner of
30 selection is terminated by referendum under Section 12.2;
31 otherwise, Circuit Judges shall be elected in the manner
32 provided by this Section.
33     (b) Supreme, Appellate and Circuit Judges shall be
34 nominated at primary elections or by petition and . Judges

 

 

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1 shall be elected at general or judicial elections as provided
2 the General Assembly shall provide by law. A person eligible
3 for the office of Circuit Judge may cause his or her name to
4 appear on the ballot as a candidate for Circuit Judge at the
5 primary and at the general or judicial elections by submitting
6 petitions. The General Assembly shall prescribe by law the
7 requirements for petitions. A Circuit Judge elected to office
8 under this subsection (b) may stand for retention for a full
9 term under Section 12.4.
10     (c) (b) The office of a Circuit Judge shall be vacant upon
11 the incumbent's his death, resignation, retirement, or
12 removal, or upon the conclusion of a his term without retention
13 in office, or . whenever an additional Appellate or Circuit
14 Judge is authorized by law, the office shall be filled in the
15 manner provided for filling a vacancy in that office.
16     (d) (c) A vacancy occurring in the office of Supreme,
17 Appellate or Circuit Judge shall be filled as the General
18 Assembly may provide by law or, . in the absence of a law,
19 vacancies may be filled by appointment by the Supreme Court. A
20 person appointed to fill a vacancy 60 or more days prior to the
21 next primary election to nominate Circuit Judges shall serve
22 until the first Monday in December following vacancy is filled
23 for a term at the next general or judicial election next
24 following the appointment. A person appointed to fill a vacancy
25 less than 60 days prior to the next primary election to
26 nominate Circuit Judges shall serve until the the first Monday
27 in December following vacancy is filled at the second general
28 or judicial election following such appointment.
29     (d) Not less than six months before the general election
30 preceding the expiration of his term of office, a Supreme,
31 Appellate or Circuit Judge who has been elected to that office
32 may file in the office of the Secretary of State a declaration
33 of candidacy to succeed himself. The Secretary of State, not
34 less than 63 days before the election, shall certify the
35 Judge's candidacy to the proper election officials. The names
36 of Judges seeking retention shall be submitted to the electors,

 

 

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1 separately and without party designation, on the sole question
2 whether each Judge shall be retained in office for another
3 term. The retention elections shall be conducted at general
4 elections in the appropriate Judicial District, for Supreme and
5 Appellate Judges, and in the circuit for Circuit Judges. The
6 affirmative vote of three-fifths of the electors voting on the
7 question shall elect the Judge to the office for a term
8 commencing on the first Monday in December following his
9 election.
10     (e) A law reducing the number of Appellate or Circuit
11 Judges shall be without prejudice to the right of the Judges
12 affected to seek retention in office. A reduction shall become
13 effective when a vacancy occurs in the affected unit.
14 (Source: Illinois Constitution.)
 
15     (ILCON Art. VI, Sec. 12.1 new)
16 SECTION 12.1. APPOINTMENT OF JUDGES
17     (a) This Section governs the selection of Supreme and
18 Appellate Judges and the selection of Circuit Judges of the
19 First Judicial District and Circuits that adopt this Section
20 and Section 12.3 by a local option referendum under Section
21 12.2. For purposes of this Section and Section 12.4, the term
22 "Judge" includes all Supreme, Appellate, and Circuit Judges
23 selected in accordance with this Section except where a
24 distinction is indicated.
25     (b) Judges shall be appointed by the Governor from nominees
26 submitted by Judicial Nominating Commissions.
27     (c) The office of a Judge shall be vacant upon the
28 incumbent's death, resignation, retirement, or removal, upon
29 conclusion of a term without retention in office, or whenever
30 an increase in the number of Judges is authorized.
31     (d) As soon as a vacancy occurs in the office of Judge or
32 will occur within 6 months by a day certain, or upon receiving
33 notice from the Governor that all 3 nominees on a list have
34 been rejected, the administrative director of the Illinois
35 courts shall promptly notify the chairperson of the appropriate

 

 

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1 Judicial Nominating Commission, who shall immediately convene
2 the Commission.
3     (e) Within 42 days after receiving notice from the
4 administrative director of the Illinois courts, the Commission
5 shall submit to the Governor a list of 3 nominees in
6 alphabetical order, who are qualified for review by the
7 Commission. For the purposes of Sections 12.1 through 12.5,
8 "qualified for review by the Commission" means persons who by
9 their character, temperament, professional aptitude,
10 experience, and commitment to equal justice under law are
11 deemed by the Commission to be best qualified to fill the
12 vacancy. The Commission may not include on a list a nominee who
13 is on another list pending before the Governor to fill a
14 vacancy in the same judicial office or who was a nominee on a
15 list rejected by the Governor to fill a vacancy in the same
16 judicial office. No list shall have any effect after the
17 required appointment is made from the list or all 3 nominees on
18 the list are rejected by the Governor.
19     (f) Immediately upon receiving a list, the Governor shall
20 make it public. Not less than 28 nor more than 56 days after
21 receiving a list, the Governor shall appoint from the list a
22 person to fill the vacancy or notify the administrative
23 director of the Illinois courts that all 3 nominees on a list
24 have been rejected.
25     (g) In the First Judicial District, half of the vacancies
26 and new positions on the Circuit Court shall be filled by
27 persons residing anywhere within the District and half shall be
28 filled by persons residing within the divisions of the Circuit
29 provided by law in accordance with subsection (a) of Section 7
30 of Article VI, if any. The appointments from the divisions, if
31 any, within the Circuit shall be allocated equally among the
32 divisions.
33     (h) A person appointed to fill a vacancy under this Section
34 shall serve an initial term ending on the first Monday in
35 December following the next general election held after the
36 completion of one year in office. At that general election the

 

 

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1 Judge may stand for retention in office for a full term under
2 Section 12.4.
 
3     (ILCON Art. VI, Sec. 12.2 new)
4 SECTION 12.2. CIRCUIT LOCAL OPTION REFERENDA
5     (a) The electors of a Judicial Circuit may by a local
6 option referendum adopt a proposition requiring Sections 12.1
7 and 12.3 to govern the selection of Circuit Judges of that
8 Circuit. The electors of a Circuit shall vote on the
9 proposition at the next general election held not less than 3
10 months following the filing of petitions with the Secretary of
11 State, signed by at least 5% of the total number of electors
12 who voted at the next preceding general election in that
13 Circuit, asking that the proposition be submitted to
14 referendum. If a majority of votes cast on the proposition are
15 in the affirmative, Sections 12.1 and 12.3 shall thereafter
16 govern the selection of Circuit Judges of the Circuit Court of
17 that Circuit.
18     (b) After the eighth year following a local option
19 referendum in which the electors of a circuit have adopted
20 Sections 12.1 and 12.3 to govern the selection of Circuit
21 Judges, the electors of the Circuit may terminate, by a local
22 option referendum, their adoption of Sections 12.1 and 12.3.
23 The referendum shall be subject to the same requirements and
24 shall be conducted in the same manner as a referendum for
25 adoption of Sections 12.1 and 12.3. If a majority of the votes
26 cast on the proposition to terminate are in the affirmative,
27 the selection of Circuit Judges and Associate Judges of that
28 Circuit shall be governed by Sections 12 and 8, respectively,
29 unless Sections 12.1 and 12.3 are again adopted under this
30 Section.
31     (c) To provide time for the establishment of District
32 Judicial Nominating Commissions, vacancies occurring in the
33 offices of Supreme and Appellate Judge and, in the First
34 Judicial District, Circuit Judge on or before June 30th
35 following the date this Amendment takes effect shall continue

 

 

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1 to be filled, using the procedures in Section 12 as it existed
2 before the effective date of this Amendment, for a term ending
3 the first Monday in December after the next general election.
4     (d) To provide time for the establishment of a Circuit
5 Judicial Nominating Commission, vacancies occurring in the
6 offices of Circuit Judge on or before March 31st following the
7 adoption of Sections 12.1 and 12.3 in a local option referendum
8 in a Judicial Circuit shall continue to be filled, using the
9 procedures applicable before the referendum, for a term ending
10 the first Monday in December after the next general election.
 
11     (ILCON Art. VI, Sec. 12.3 new)
12 SECTION 12.3. JUDICIAL NOMINATING COMMISSIONS
13     (a) There shall be a Judicial Nominating Commission in the
14 First Judicial District for the nomination of Judges for the
15 Supreme, Appellate, and Circuit Courts for that District, in
16 each other Judicial District for the nomination of Judges for
17 the Supreme and Appellate Courts for that District, and in each
18 Judicial Circuit that, by a local option referendum, adopts
19 Section 12.1 and this Section for the nomination of Circuit
20 Judges for that Circuit.
21     (b) Each Judicial Nominating Commission shall consist of 12
22 members who are residents of the appropriate District or
23 Circuit.
24     (c) The President and Minority Leader of the Senate and the
25 Speaker and Minority Leader of the House of Representatives
26 shall each appoint 3 members to each Judicial Nominating
27 Commission. Each appointing authority shall appoint one lawyer
28 and 2 non-lawyers. Each member shall serve for a term of 6
29 years, except that the 3 initial members appointed by each
30 appointing authority shall serve terms of 2, 4, and 6 years as
31 designated by the appointing authority. Vacancies shall be
32 filled for the unexpired term by the appointing authority who
33 appointed the member whose office is then vacant. "Appointing
34 authority" means the office, not the individual or political
35 party affiliation of the individual who may hold that office

 

 

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1 from time to time.
2     (d) The chairperson of each Judicial Nominating Commission
3 shall be selected by vote of all the members of the Commission.
4 The term of a chairperson shall be for 3 years unless his or
5 her remaining term as a member of the Commission expires
6 sooner.
7     (e) A person who holds an office under the United States or
8 this State or a unit of local government or school district and
9 receives compensation for services rendered in that office or
10 who holds any office or official position in a political party
11 is ineligible to serve on a Judicial Nominating Commission.
12 Compensation for service in the State militia or the armed
13 services of the United States for a period of time to be
14 determined by the Supreme Court by rule shall not be considered
15 a disqualification. No member of a Judicial Nominating
16 Commission may be appointed to judicial office while serving on
17 the Commission or for a period of 3 years after his or her
18 service on a Commission has ended.
19     (f) A member who has served a full term of 6 years on a
20 Judicial Nominating Commission may not serve on a Commission
21 during the next 3 years. No person may serve on more than one
22 Judicial Nominating Commission at the same time.
23     (g) A Commission may conduct investigations, meetings, and
24 hearings, all of which may be secret, and employ staff members
25 that may be necessary to perform the Commission's duties.
26 Members of Commissions shall not receive any compensation for
27 their services, but shall be entitled to reimbursement for
28 necessary expenses. The General Assembly shall appropriate
29 funds to the Supreme Court for reimbursement of those expenses
30 and for all other administrative expenses of the Commissions.
31     (h) Nominations shall be submitted to the Governor only
32 upon concurrence of not less than two-thirds of all members of
33 the Commission.
34     (i) All lawyer and non-lawyer members of each Judicial
35 Nominating Commission shall be subject to ethics and economic
36 disclosure requirements as provided by law.
 

 

 

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1     (ILCON Art. VI, Sec. 12.4 new)
2 SECTION 12.4. RETENTION ELECTIONS
3     (a) Not less than 6 months before the general election next
4 preceding the expiration of the term of office of (i) a
5 Supreme, Appellate, or Circuit Judge who was elected to that
6 office or (ii) a Supreme, Appellate, or Circuit Judge who was
7 appointed to that office under Section 12.1, he or she may file
8 in the office of the Secretary of State a declaration of
9 candidacy for retention in that office for a full term. Not
10 less than 63 days before the election, the Secretary of State
11 shall certify the Judge's candidacy to the proper election
12 officials. At the election the name of each Judge who has
13 timely filed a declaration of candidacy for retention (except
14 each Supreme, Appellate, and Circuit Judge who, under Section
15 12.5, has been found qualified for review by the Commission and
16 qualified to serve for the succeeding term) shall be submitted
17 to the electors, separately and without party designation, on
18 the sole question of retention in office for another term.
19 Retention elections shall be conducted at general elections in
20 the appropriate Judicial Districts and Circuits. The
21 affirmative vote of three-fifths of the electors voting on the
22 question of retention shall elect a Judge to that office for a
23 full term commencing on the first Monday in December following
24 the election.
25     (b) A Judge eligible to file a declaration of candidacy for
26 retention who fails to do so within the time specified in
27 subsection (a) or, having filed, fails to be retained shall
28 vacate the office on the first Monday in December following the
29 election, whether or not a successor has yet qualified. If an
30 incumbent Judge, eligible to do so, does not timely file a
31 declaration of candidacy for retention, the selection of a
32 successor, if any, shall proceed immediately in the manner
33 provided in Section 12 or 12.1, whichever applies, so that the
34 successor may take office as soon as a vacancy occurs.
35     (c) An authorized reduction in the number of Judges shall

 

 

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1 be without prejudice to the right of Judges in office at the
2 time to seek retention in accordance with this Section. The
3 reduction shall become effective when a vacancy occurs in the
4 affected unit.
 
5     (ILCON Art. VI, Sec. 12.5 new)
6 SECTION 12.5. JUDICIAL REVIEW COMMISSIONS
7     (a) In the First Judicial District, in each other Judicial
8 District, and in each Judicial Circuit that, by local option
9 referendum, has adopted Sections 12.1 and 12.3 for selection of
10 Circuit Judges for that circuit, a Judicial Review Commission
11 shall be created and empowered to determine qualification for
12 retention of appointed Supreme, Appellate, and Circuit Judges.
13     (b) The members of a Judicial Review Commission shall be
14 appointed in the manner specified in subsection (c) of Section
15 12.3 for appointment or election of members of a Judicial
16 Nominating Commission.
17     (c) The terms of all members of a Judicial Review
18 Commission shall begin 6 months before the general election in
19 each year in which a general election is held and shall expire
20 on the first Monday in November of the same year. Appointments
21 to a Judicial Review Commission may not take place earlier than
22 45 days before the term is to commence.
23     (d) A vacancy in the membership of a Judicial Review
24 Commission shall be promptly filled as provided in subsection
25 (c) of Section 12.3 with respect to vacancies on a Judicial
26 Nominating Commission.
27     (e) Judicial Review Commissions shall be governed by
28 subsections (b), (d), (e), (g), and (i) of Section 12.3 with
29 respect to Judicial Nominating Commissions as well as by this
30 Section.
31     (f) A person who has served on a Judicial Review Commission
32 may not serve on a Judicial Review Commission until 8 years
33 have elapsed since the date his or her service on a Judicial
34 Review Commission ended. A person who has served on a Judicial
35 Nominating Commission may not serve on a Judicial Review

 

 

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1 Commission until 8 years have elapsed since the date his or her
2 service on a Judicial Nominating Commission ended. No person
3 may serve on a Judicial Nominating Commission while serving on
4 a Judicial Review Commission.
5     (g) In each Judicial District and in Circuits governed by
6 this Section, for each Supreme, Appellate, and Circuit Judge
7 who has timely filed a declaration of candidacy for retention
8 in office under Section 12.4, the Secretary of State shall,
9 within 14 days after receipt of the declaration of candidacy,
10 submit the Judge's name to the administrative director of the
11 Illinois courts. Not more than 6 months nor less than 5 months
12 before the general election next preceding the expiration of
13 the term of office of the Judge, the administrative director of
14 the Illinois courts shall notify the chairperson of the
15 appropriate Judicial Review Commission of the Judge's
16 candidacy. The chairperson shall then promptly convene the
17 Commission.
18     (h) If, by concurrence of not less than two-thirds of its
19 members, the Commission finds the candidate to be qualified for
20 review by the Commission and qualified to serve another term,
21 the candidate shall be retained in office for a full term
22 commencing on the first Monday in December following the
23 election. Not less than 84 days before the election, the
24 Commission shall prepare and submit to each candidate its
25 finding as to whether the Commission finds or fails to find
26 that candidate qualified for review by the Commission and
27 qualified to serve for another term. Not less than 77 days
28 before the election the Commission shall submit to the
29 Secretary of State a list stating by name:
30         (i) which candidates it has found qualified to serve
31     another term;
32         (ii) which candidates it has failed to find so
33     qualified; and
34         (iii) which candidates have withdrawn their candidacy
35     by written notification to the Commission.
36     (i) Failure of a candidate to be found qualified for

 

 

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1 retention by a Judicial Review Commission shall be without
2 prejudice to the candidate's right to stand for retention by
3 the electorate at a general election under Section 12.4.
 
4
SCHEDULE
5     This Constitutional Amendment takes effect upon approval
6 by the electors of this State.