Full Text of HJRCA0018

LRB104 13563 JDS 26124 e

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0018

Introduced 5/28/2025, by Rep. Ryan Spain

SYNOPSIS AS INTRODUCED:

ILCON Art. VI, Sec. 10

ILCON Art. VI, Sec. 12

Proposes to amend the Judiciary Article of the Illinois Constitution. Provides that, for elected terms of office commencing on or after the first Monday in December of 2030, the term of office of a Supreme Court Judge shall be one term of fourteen years. Specifies that existing provisions concerning judicial retention elections are inapplicable to Supreme Court Judges. Effective upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act.

HOUSE JOINT RESOLUTION

CONSTITUTIONAL AMENDMENT

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Sections 10 and 12 of Article VI of the Illinois Constitution as follows:

ARTICLE VI

THE JUDICIARY

(ILCON Art. VI, Sec. 10) SECTION 10. TERMS OF OFFICE

(a) For elected terms of office commencing on or after the first Monday in December of 2030:

(1) the term of office of a Supreme Court Judge shall be one term of fourteen years;

(2) the terms of office of Appellate Court Judges shall each be ten years;

(3) the terms of office of Circuit Judges shall each be six years; and

(4) the terms of office of Associate Judges shall each be four years.

(b) For elected terms of office commencing before the first Monday in December of 2030, the The terms of office of Supreme and Appellate Court Judges shall be ten years; of Circuit Judges, six years; and of Associate Judges, four years.

(Source: Illinois Constitution.)

(ILCON Art. VI, Sec. 12) SECTION 12. ELECTION AND RETENTION

(a) Supreme, Appellate and Circuit Judges shall be nominated at primary elections or by petition. Judges shall be elected at general or judicial elections as the General Assembly shall provide by law. A person eligible for the office of Judge may cause his name to appear on the ballot as a candidate for Judge at the primary and at the general or judicial elections by submitting petitions. The General Assembly shall prescribe by law the requirements for petitions.

(b) The office of a Judge shall be vacant upon his death, resignation, retirement, removal, or upon the conclusion of his term without retention in office. Whenever an additional Appellate or Circuit Judge is authorized by law, the office shall be filled in the manner provided for filling a vacancy in that office.

(c) A vacancy occurring in the office of Supreme, Appellate or Circuit Judge shall be filled as the General Assembly may provide by law. In the absence of a law, vacancies may be filled by appointment by the Supreme Court. A person appointed to fill a vacancy 60 or more days prior to the next primary election to nominate Judges shall serve until the vacancy is filled for a term at the next general or judicial election. A person appointed to fill a vacancy less than 60 days prior to the next primary election to nominate Judges shall serve until the vacancy is filled at the second general or judicial election following such appointment.

(d) A Supreme Court Judge may serve only one elected term of office and may not seek retention to that office. An Not less than six months before the general election preceding the expiration of his term of office, a Supreme, Appellate or Circuit Judge who has been elected to that office may file in the office of the Secretary of State, not less than six months before the general election preceding the expiration of his term of office, a declaration of candidacy to succeed himself. The Secretary of State, not less than 63 days before the election, shall certify the Appellate or Circuit Judge's candidacy to the proper election officials. The names of Appellate or Circuit Judges seeking retention shall be submitted to the electors, separately and without party designation, on the sole question of whether each Appellate or Circuit Judge shall be retained in office for another term. The retention elections shall be conducted at general elections in the appropriate Judicial District, for Supreme and Appellate Judges, and in the circuit for Circuit Judges. The affirmative vote of three-fifths of the electors voting on the question shall elect the Appellate or Circuit Judge to the office for a term commencing on the first Monday in December following his election.

(e) A law reducing the number of Appellate or Circuit Judges shall be without prejudice to the right of the Judges affected to seek retention in office. A reduction shall become effective when a vacancy occurs in the affected unit.

(Source: Illinois Constitution.)

SCHEDULE

This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act.