HB0654ham001 94TH GENERAL ASSEMBLY

Rep. Michael Tryon

Filed: 4/6/2005

09400HB0654ham001 LRB094 04106 JAM 44107 a

AMENDMENT TO HOUSE BILL 654

AMENDMENT NO. ______. Amend House Bill 654 on page 5, by replacing lines 5 and 6 with the following:

"numerical order for the 3 subcircuits. The Supreme Court shall determine That numerical order shall be the basis for the order in which resident judgeships"; and

on page 5, immediately below line 33, by inserting the following:

"Section 10. If and only if House Bill 949 of the 93rd General Assembly becomes law, the Circuit Courts Act is amended by changing Section 2f-5 (in addition to the changes made to that Section 2f-5 in Section 5 of this amendatory Act of the 94th General Assembly) as follows:

(705 ILCS 35/2f-5)

Sec. 2f-5. 22nd circuit; subcircuits; additional resident judgeship.

(a) The 22nd circuit shall be divided into 4 subcircuits. The subcircuits shall be compact, contiguous, and substantially equal in population. The General Assembly by law shall create the subcircuits, using population data as determined by the 2000 federal census, and shall determine a numerical order for the 4 subcircuits. That numerical order shall be the basis for the order in which resident judgeships are assigned to the subcircuits. Once a resident judgeship is assigned to a subcircuit, it shall continue to be assigned to that subcircuit for all purposes.

(b) The 22nd circuit shall have one additional resident judgeship, as well as its 3 existing resident judgeships, for a total of 4 resident judgeships to be allotted to the 4 subcircuit resident judgeships. The additional resident judgeship created by this amendatory Act of the 93rd General Assembly shall be filled by election beginning at the general election in 2006. After the subcircuits are created by law, the Supreme Court may fill by appointment the additional resident judgeship created under this subsection (b) until the 2006 general election. and shall not be filled by appointment before the general election in 2006.

(c) The Supreme Court shall allot (i) all vacancies in resident judgeships of the 22nd circuit existing on or occurring on or after August 18, 2003 and not filled at the 2004 general election, (ii) the resident judgeships of the 22nd circuit filled at the 2004 general election as those judgeships thereafter become vacant, and (iii) the additional resident judgeship of the 22nd circuit created by this amendatory Act of the 93rd General Assembly, for election from the various subcircuits until there is one resident judge to be elected from each subcircuit. No resident judge of the 22nd circuit serving on August 18, 2003 shall be required to change his or her residency in order to continue serving in office or to seek retention in office as resident judgeships are allotted by the Supreme Court in accordance with this Section.

(d) A resident judge elected from a subcircuit shall continue to reside in that subcircuit as long as he or she holds that office.

(e) Vacancies in resident judgeships of the 22nd circuit shall be filled in the manner provided in Article VI of the Illinois Constitution.

(Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04; 93HB949enr.)".