Illinois General Assembly - Full Text of SB0642
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Full Text of SB0642  102nd General Assembly

SB0642enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB0642 EnrolledLRB102 11506 LNS 16840 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Judicial Districts Act of 2021.
 
6    Section 5. Legislative intent. The intent of this Act is
7to redraw the Judicial Districts to meet the requirements of
8the Illinois Constitution of 1970 by providing that outside of
9the First District the State "shall be divided by law into four
10Judicial Districts of substantially equal population, each of
11which shall be compact and composed of contiguous counties."
12    Section 2 of Article VI of the Illinois Constitution of
131970 divides the State into five Judicial Districts for the
14selection of Supreme and Appellate Court Judges, with Cook
15County comprising the First District and the remainder of the
16State "divided by law into four Judicial Districts of
17substantially equal population, each of which shall be compact
18and composed of contiguous counties." Further, Section 7 of
19Article VI provides that a Judicial Circuit must be located
20within one Judicial District, and also provides the First
21Judicial District is comprised of a judicial circuit and the
22remainder provided by law, subject to the requirement that
23Circuits composed of more than one county shall be compact and

 

 

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1of contiguous counties. The current Judicial District map was
2enacted in 1963.
3    The current Judicial Districts do not meet the
4Constitution's requirement that four Districts other than the
5First District be of "substantially equal population." Using
6the American Community Survey data available at the time this
7Act is enacted, the population of the current First District
8is 5,198,212; Second District is 3,204,960; the Third District
9is 1,782,863; the Fourth District is 1,299,747; and the Fifth
10District is 1,284,757.
11    Under this redistricting plan, the population, according
12to the American Community Survey, of the Second District will
13be 1,770,983; the Third District will be 1,950,349; the Fourth
14District will be 2,011,316; and the Fifth District will be
151,839,679. A similar substantially equitable result occurs
16using the 2010 U.S. Census data, the most recent decennial
17census data available at the time of this Act, with the
18population of the Second District being approximately
191,747,387; the Third District being 1,936,616; the Fourth
20District being 2,069,660; and the Fifth District being
211,882,294. Because of the constitutional requirement that a
22District be composed of whole counties, and given that actual
23population changes on a day-to-day basis, the populations are
24not and could never be exact, but the population of each of the
25four Districts created by this Act is substantially equal.
26    In addition to ensuring the population of the four

 

 

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1Districts are substantially equal, this Act complies with
2Section 7 of Article VI of the Illinois Constitution of 1970,
3which provides that the First Judicial District shall be
4comprised of a Judicial Circuit, and the remaining Judicial
5Circuits shall be provided by law, and Circuits comprised of
6more than one county shall be compact and of contiguous
7counties. To comply with Section 7 of Article VI and minimize
8disruption to the administration of the Judicial Branch, this
9Act avoids changing the compositions and boundaries of the
10Judicial Circuits, while simultaneously creating substantially
11equally populated, compact, and contiguous Judicial Districts.
12    To further avoid any interruption to the administration of
13the Judicial Branch, this Act does not require that the
14Supreme Court change where the Appellate Courts currently
15reside. By Supreme Court Rule, the Second District Appellate
16Court currently sits in Elgin; the Third District Appellate
17Court currently sits in Ottawa; the Fourth District Appellate
18Court currently sits in Springfield; and the Fifth District
19Appellate Court currently sits in Mt. Vernon. Under this Act,
20the Supreme Court is not required to change where the
21Appellate Courts sit as those cities remain in the Second,
22Third, Fourth, and Fifth District respectively.
23    To ensure continuity of service and compliance with the
24Illinois Constitution of 1970, nothing in this Act is intended
25to affect the tenure of any Appellate or Supreme Court Judge
26elected or appointed prior to the effective date of this Act.

 

 

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1In accordance with the Constitution, no change in the
2boundaries shall affect an incumbent judge's qualification for
3office or right to run for retention. Incumbent judges have
4the right to run for retention in the counties comprising the
5District that elected the judge, or in the counties comprising
6the new District where the judge resides, as the judge may
7elect. As provided by the Constitution, upon a vacancy in an
8elected Supreme or Appellate Court office, the Supreme Court
9may fill the vacancy until the vacancy is filled in the next
10general election in the counties comprising the District
11created by this Act.
12    Further, nothing in this Act is intended to alter or
13impair the ability of the Supreme Court to fulfill its
14obligations to ensure the proper administration of the
15Judicial Branch. For example, it remains within the purview of
16the Supreme Court to assign or reassign any judge to any court
17or determine assignment of additional judges to the Appellate
18Court. Section 1 of the Appellate Act provides that the
19"Supreme Court may assign additional judges to service in the
20Appellate Court from time to time as the business of the
21Appellate Court requires." Currently the Supreme Court has
22three judges on assignment to the Second District Appellate
23Court, whereas one judge is on assignment to the Third,
24Fourth, and Fifth Districts. Nothing in this Act seeks to
25alter any judicial assignments.
26    Finally, it is the intent of the General Assembly that any

 

 

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1appealable order, as defined by Supreme Court Rules, entered
2prior to the effective date of this Act shall be subject to
3judicial review by the Judicial District in effect on the date
4the order was entered; however, the administrative and
5supervisory authority of the courts remains within the purview
6of the Supreme Court.
 
7    Section 10. The First Judicial District consists of the
8County of Cook.
 
9    Section 15. Beginning on the effective date of this Act,
10the Second Judicial District consists of the counties of
11DeKalb, Kendall, Kane, Lake, and McHenry.
 
12    Section 20. Beginning on the effective date of this Act,
13the Third Judicial District consists of the counties of
14Bureau, LaSalle, Grundy, Iroquois, Kankakee, DuPage and Will.
 
15    Section 25. Beginning on the effective date of this Act,
16the Fourth Judicial District consists of the counties of Jo
17Daviess, Stephenson, Carroll, Ogle, Lee, Winnebago, Boone,
18Mercer, Rock Island, Whiteside, Henry, Stark, Putnam,
19Marshall, Peoria, Tazewell, Adams, Pike, Calhoun, Schuyler,
20Brown, Cass, Mason, Menard, Morgan, Scott, Greene, Jersey,
21Macoupin, Sangamon, Logan, McLean, Woodford, Livingston, Ford,
22Henderson, Warren, Knox, Fulton, McDonough and Hancock.
 

 

 

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1    Section 30. Beginning on the effective date of this Act,
2the Fifth Judicial District consists of the counties of
3DeWitt, Macon, Piatt, Moultrie, Champaign, Douglas, Vermilion,
4Edgar, Coles, Cumberland, Clark, Christian, Shelby,
5Montgomery, Fayette, Effingham, Jasper, Clay, Marion, Clinton,
6Bond, Madison, St. Clair, Washington, Monroe, Randolph, Perry,
7Crawford, Richland, Lawrence, Wabash, Edwards, Wayne,
8Jefferson, Franklin, Hamilton, White, Gallatin, Hardin,
9Saline, Williamson, Jackson, Union, Johnson, Pope, Alexander,
10Pulaski, and Massac.
 
11    Section 35. Current Members of the Judiciary. Nothing in
12this Act shall affect the tenure of any Appellate or Supreme
13Court Judge serving on the effective date of this Act. No
14Appellate or Supreme Court Judge serving on the effective date
15of this Act shall be required to change his or her residency in
16order to continue serving in office or to seek retention or
17reappointment in office. Any Appellate or Supreme Court Judge
18elected to that office prior to the effective date of this Act
19who files to run for retention after the effective date of this
20Act shall have the right to seek retention in the district the
21Judge was elected from or seek retention in the district
22created by this Act. The Secretary of State, not less than 63
23days before the election, shall certify the Judge's candidacy
24to the proper election officials.
 

 

 

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1    Section 40. Severability. To the extent that any provision
2of this Act is found to be unconstitutional, that provision
3alone shall be deemed of no force and effect and all other
4provisions of this Act shall remain in full force and effect.
 
5    Section 45. The Judicial Districts Act is amended by
6changing Sections 2, 3, 4, and 5 as follows:
 
7    (705 ILCS 20/2)  (from Ch. 37, par. 1.2)
8    (This Act was repealed by P.A. 89-719, which has been held
9unconstitutional)
10    Sec. 2. Prior to the effective date of this amendatory Act
11of the 102nd General Assembly, the The Second Judicial
12District consists of the counties of Jo Daviess, Stephenson,
13Carroll, Ogle, Lee, Winnebago, Boone, McHenry, Lake, DeKalb,
14Kane, Kendall and DuPage.
15(Source: Laws 1963, p. 929.)
 
16    (705 ILCS 20/3)  (from Ch. 37, par. 1.3)
17    (This Act was repealed by P.A. 89-719, which has been held
18unconstitutional)
19    Sec. 3. Prior to the effective date of this amendatory Act
20of the 102nd General Assembly, the The Third Judicial District
21consists of the counties of Mercer, Rock Island, Whiteside,
22Henry, Bureau, LaSalle, Grundy, Stark, Putnam, Marshall,

 

 

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1Peoria, Tazewell, Will, Kankakee, Iroquois, Henderson, Warren,
2Knox, Fulton, McDonough and Hancock.
3(Source: Laws 1963, p. 929.)
 
4    (705 ILCS 20/4)  (from Ch. 37, par. 1.4)
5    (This Act was repealed by P.A. 89-719, which has been held
6unconstitutional)
7    Sec. 4. Prior to the effective date of this amendatory Act
8of the 102nd General Assembly, the The Fourth Judicial
9District consists of the counties of Adams, Pike, Calhoun,
10Schuyler, Brown, Cass, Mason, Menard, Morgan, Scott, Greene,
11Jersey, Macoupin, Sangamon, Logan, McLean, Woodford,
12Livingston, Ford, DeWitt, Macon, Piatt, Moultrie, Champaign,
13Douglas, Vermilion, Edgar, Coles, Cumberland and Clark.
14(Source: Laws 1963, p. 929.)
 
15    (705 ILCS 20/5)  (from Ch. 37, par. 1.5)
16    (This Act was repealed by P.A. 89-719, which has been held
17unconstitutional)
18    Sec. 5. Prior to the effective date of this amendatory Act
19of the 102nd General Assembly, the The Fifth Judicial District
20consists of all the counties south of the Fourth Judicial
21District.
22(Source: Laws 1963, p. 929.)
 
23    (705 ILCS 21/Act rep.)

 

 

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1    Section 50. The Judicial Redistricting Act of 1997 (which
2has been held unconstitutional) is repealed.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.