Full Text of HB5824 98th General Assembly
HB5824enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning 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 | | Section 2f-10 as follows: | 6 | | (705 ILCS 35/2f-10) | 7 | | Sec. 2f-10. 16th and 23rd judicial circuits. | 8 | | (a) On December 3, 2012, the 16th judicial circuit is | 9 | | divided into the 16th and 23rd judicial circuits as provided in | 10 | | Section 1 of the Circuit Courts Act. This division does not | 11 | | invalidate any action taken by the 16th judicial circuit or any | 12 | | of its judges, officers, employees, or agents before December | 13 | | 3, 2012. This division does not affect any person's rights, | 14 | | obligations, or duties, including applicable civil and | 15 | | criminal penalties, arising out of any action taken by the 16th | 16 | | judicial circuit or any of its judges, officers, employees, or | 17 | | agents before December 3, 2012. | 18 | | (b) The 16th circuit shall have one additional resident | 19 | | judgeship to be allotted by the Supreme Court under subsection | 20 | | (d). The additional resident judgeship shall be filled by | 21 | | election beginning at the 2012 general election. | 22 | | (c) The 16th circuit shall have an additional resident | 23 | | judgeship from Kendall County to be allotted by the Supreme |
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| 1 | | Court. The additional judgeship shall be filled by election | 2 | | beginning at the 2012 general election. This judgeship shall | 3 | | become a resident judgeship from Kendall County in the 23rd | 4 | | circuit on December 3, 2012. | 5 | | (d) The Supreme Court shall allot: (i) all vacancies in at | 6 | | large judgeships or resident judgeships from the County of Kane | 7 | | of the 16th circuit occurring after the 2012 general election, | 8 | | excluding the vacancy in subsection (e); and (ii) the one | 9 | | resident judgeship added by subsection (b), for election from | 10 | | the various subcircuits until there are 2 resident judges to be | 11 | | elected from each subcircuit. The additional resident | 12 | | judgeship added by subsection (b) that shall be filled by | 13 | | election beginning at the 2012 general election shall be | 14 | | assigned to subcircuit 2 for election. The Supreme Court may | 15 | | fill the judgeship by appointment prior to the 2012 general | 16 | | election. The vacancies allotted by the Supreme Court under | 17 | | this subsection shall become resident judgeships of the 16th | 18 | | circuit to be assigned to the 3rd, 1st, and 4th subcircuits in | 19 | | that order. Subcircuit judgeships in the 3rd, 1st, and 4th | 20 | | subcircuits shall be filled by election as vacancies occur. No | 21 | | resident judge of the 16th circuit serving on the effective | 22 | | date of this amendatory Act of the 97th General Assembly shall | 23 | | be required to change his or her residency in order to continue | 24 | | serving in office or to seek retention in office as resident | 25 | | judgeships are allotted by the Supreme Court in accordance with | 26 | | this Section. As used in this subsection, a vacancy does not |
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| 1 | | include the expiration of a term of an at large judge or of a | 2 | | resident judge who intends to seek retention in that office at | 3 | | the next term. | 4 | | (e) The Supreme Court shall assign to the 16th circuit the | 5 | | 7 circuit judgeships elected at large in the 16th circuit | 6 | | before and at the 2012 general election. The 3 resident | 7 | | judgeships elected from Kane County before the 2012 general | 8 | | election shall become at large circuit judgeships on December | 9 | | 3, 2012. An individual seeking election to one of the 7 | 10 | | judgeships at large or a judge seeking retention to one of the | 11 | | 7 judgeships at large at the 2012 general election shall seek | 12 | | election or retention solely within the boundaries of Kane | 13 | | County.
The 7 circuit judgeships assigned to the 16th circuit | 14 | | shall continue to be elected at large, and the 3 resident | 15 | | judges shall be elected at large at the first general election | 16 | | following the expiration of a term of office. Of the 7 circuit | 17 | | judgeships elected at large as of April 15, 2011, and the 3 | 18 | | resident judgeships elected from Kane County before the general | 19 | | election of 2012 converting to at large judgeships on December | 20 | | 3, 2012, the first vacancy occurring after December 3, 2012 | 21 | | shall be assigned to the 23rd circuit as a Kendall County | 22 | | resident judge. As used in this subsection, a vacancy does not | 23 | | include the expiration of a term of an at large judge or of a | 24 | | resident judge who intends to seek retention in that office at | 25 | | the next term. | 26 | | (f) The 3 resident judgeships elected from DeKalb County |
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| 1 | | before the 2012 general election shall become resident | 2 | | judgeships from DeKalb County in the 23rd circuit on December | 3 | | 3, 2012, and the 2 resident judgeships elected from Kendall | 4 | | County before the 2012 general election shall become resident | 5 | | judgeships from Kendall County in the 23rd circuit on December | 6 | | 3, 2012. | 7 | | (g) The 4 subcircuit judgeships of the 16th circuit elected | 8 | | as of April 15, 2011, shall become the 4 subcircuit judgeships | 9 | | of the 16th circuit as established in Section 2f-9. The | 10 | | remaining unfilled subcircuit judgeship of the 16th circuit as | 11 | | of April 15, 2011 shall be eliminated. If the judgeship of the | 12 | | 5th subcircuit of the 16th circuit is filled prior to the | 13 | | effective date of this amendatory Act of the 97th General | 14 | | Assembly, that judgeship shall be eliminated on December 3, | 15 | | 2012. | 16 | | (h) On December 3, 2012, the Supreme Court shall allocate | 17 | | the associate judgeships of the 16th circuit before that date | 18 | | between the 16th and 23rd circuits. The number of associate | 19 | | judges allocated to the 23rd circuit shall be no less than 5. | 20 | | (i) On December 3, 2012, the Supreme Court shall allocate | 21 | | personnel, books, records, documents, property (real and | 22 | | personal), funds, assets, liabilities, and pending matters | 23 | | concerning the 16th circuit before that date between the 16th | 24 | | and 23rd circuits based on the population and staffing needs of | 25 | | those circuits and the efficient and proper administration of | 26 | | the judicial system. The rights of employees under applicable |
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| 1 | | collective bargaining agreements are not affected by this | 2 | | amendatory Act of the 97th General Assembly. | 3 | | (j) The judgeships set forth in this Section include the | 4 | | judgeships authorized under Sections 2g, 2h, 2j, 2k, 2m, and | 5 | | 2n. The judgeships authorized in those Sections are not in | 6 | | addition to those set forth in this Section.
| 7 | | (k) Of the 23rd circuit's associate judgeships, the first | 8 | | associate judgeship that is or becomes vacant on or after the | 9 | | effective date of this amendatory Act of the 98th General | 10 | | Assembly shall become a resident judgeship from DeKalb County | 11 | | in the 23rd circuit. The additional resident judgeship shall be | 12 | | filled by election beginning at the 2016 general election. The | 13 | | Supreme Court may fill the judgeship by appointment prior to | 14 | | the 2016 general election. As used in this subsection, a | 15 | | vacancy does not include the
expiration of a term of a resident | 16 | | judge who seeks
retention in that office at the next term. A | 17 | | vacancy does not exist or occur at the expiration of an | 18 | | associate judge's term if the associate judge is reappointed. A | 19 | | vacancy exists or occurs when an associate
judge dies, resigns, | 20 | | retires, is removed, or is not reappointed
upon expiration of | 21 | | his or her term, or when a new judgeship is authorized under | 22 | | subsection (a) of Section 2 of the Associate Judges Act but is | 23 | | not filled. | 24 | | (Source: P.A. 97-81, eff. 8-26-11; 97-585, eff. 8-26-11.) | 25 | | Section 10. The Judicial Vacancies Act is amended by |
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| 1 | | changing Section 2 as follows:
| 2 | | (705 ILCS 40/2) (from Ch. 37, par. 72.42)
| 3 | | Sec. 2. (a) Except as provided in paragraphs (1),
(2), (3), | 4 | | (4), and (5) of this subsection (a),
vacancies in the office of | 5 | | a resident circuit judge in any county or in any
unit or | 6 | | subcircuit of any circuit shall not be filled.
| 7 | | (1) If in any county of less than 45,000 inhabitants | 8 | | there remains
in office no other resident judge following | 9 | | the occurrence of a vacancy,
such vacancy shall be filled.
| 10 | | (2) If in any county of 45,000 or more but less than | 11 | | 60,000
inhabitants there remains in office only one | 12 | | resident judge following
the occurrence of a vacancy, such | 13 | | vacancy shall be filled.
| 14 | | (3) If in any county of 60,000 or more inhabitants, | 15 | | other than the
County of Cook or as provided in paragraph | 16 | | (5), there remain in office no
more than 2 resident judges
| 17 | | following the occurrence of a vacancy, such vacancy shall | 18 | | be filled.
| 19 | | (4) The County of Cook shall have 165 resident judges | 20 | | on
and after the effective date of this amendatory Act of | 21 | | 1990. Of those
resident judgeships, (i) 56 shall be those | 22 | | authorized before the effective
date of this amendatory Act | 23 | | of 1990 from the unit of the Circuit of Cook
County within | 24 | | Chicago, (ii) 27 shall be those authorized before the
| 25 | | effective date of this amendatory Act of 1990 from the unit |
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| 1 | | of the Circuit
of Cook County outside Chicago, (iii) 12 | 2 | | shall be additional resident
judgeships first elected at | 3 | | the general election in November of 1992,
(iv) 10 shall be | 4 | | additional resident judgeships first elected at the
| 5 | | general election in November of 1994, and (v) 60 shall be | 6 | | additional
resident judgeships to be authorized
one each | 7 | | for each
reduction upon vacancy in the office of associate | 8 | | judge in the Circuit of
Cook County as those vacancies
| 9 | | exist or occur on and after the effective date of this | 10 | | amendatory Act of
1990 and as those vacancies are
| 11 | | determined under subsection (b) of Section 2 of the | 12 | | Associate Judges Act
until the total
resident judgeships | 13 | | authorized under this item (v) is 60. Seven of the 12
| 14 | | additional resident judgeships provided in item (iii)
may | 15 | | be filled by appointment by the Supreme Court during the
| 16 | | period beginning on the effective date of this amendatory | 17 | | Act of 1990 and
ending 60 days before the primary election | 18 | | in March of 1992; those judicial
appointees shall serve | 19 | | until the first Monday in December of 1992. Five
of the 12 | 20 | | additional resident judgeships provided in item (iii) may | 21 | | be
filled by appointment by the Supreme Court during the | 22 | | period beginning July
1, 1991 and ending 60 days before the | 23 | | primary election in March of 1992;
those judicial | 24 | | appointees shall serve until the first Monday in December | 25 | | of
1992. Five of the 10 additional resident judgeships | 26 | | provided in item (iv)
may be filled by appointment by the |
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| 1 | | Supreme Court during the period
beginning July 1, 1992 and | 2 | | ending 60 days before the primary election in
March of | 3 | | 1994; those judicial appointees shall serve until the first | 4 | | Monday
in December of 1994. The remaining 5 of the 10 | 5 | | additional resident
judgeships provided in item (iv) may be | 6 | | filled by appointment by the
Supreme Court during the | 7 | | period beginning July 1, 1993 and ending 60 days
before the | 8 | | primary election in March of 1994; those judicial | 9 | | appointees
shall serve until the first Monday in December | 10 | | 1994. The additional
resident judgeships created upon | 11 | | vacancy in the office of associate judge
provided in item | 12 | | (v) may be filled by appointment by the Supreme Court
| 13 | | beginning on the effective date of this amendatory Act of | 14 | | 1990; but no
additional resident judgeships created upon | 15 | | vacancy in the office of
associate judge provided in item | 16 | | (v) shall be filled during the 59 day
period before the | 17 | | next primary election to nominate judges.
The Circuit of | 18 | | Cook County shall be
divided into units to be known as | 19 | | subcircuits as provided in Section 2f of
the Circuit Courts | 20 | | Act.
A vacancy in the office of resident judge of the
| 21 | | Circuit of Cook County existing on or occurring on or after | 22 | | the effective
date of this amendatory Act of 1990, but | 23 | | before the date the subcircuits
are created by law, shall | 24 | | be filled by appointment by the Supreme Court
from the unit | 25 | | within Chicago or the
unit outside Chicago, as the case may | 26 | | be, in which the vacancy occurs and
filled by election from |
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| 1 | | the subcircuit to which it is allotted under
Section 2f of | 2 | | the Circuit Courts Act. A
vacancy in the office
of resident | 3 | | judge of the
Circuit of Cook County existing on or | 4 | | occurring on or after the
date the subcircuits are created | 5 | | by law
shall be
filled by appointment by the Supreme Court | 6 | | and by election from the subcircuit
to
which it is allotted | 7 | | under Section 2f of the Circuit Courts Act.
| 8 | | (5) Notwithstanding paragraphs (1), (2), and (3) of | 9 | | this subsection (a), resident judges in the 12th, 16th, | 10 | | 17th, 19th, and 22nd , and 23rd
judicial circuits
are as | 11 | | provided in Sections 2f-1, 2f-2, 2f-4, 2f-5, 2f-6, and | 12 | | 2f-9 , and 2f-10 of
the Circuit
Courts Act.
| 13 | | (b) Nothing in paragraphs (2) or (3) of subsection (a) of | 14 | | this
Section shall be construed
to require or permit in any | 15 | | county a greater number of resident judges
than there were | 16 | | resident associate judges on January 1, 1967.
| 17 | | (c) Vacancies authorized to be filled by this Section 2 | 18 | | shall be filled
in the manner provided in Article VI of the | 19 | | Constitution.
| 20 | | (d) A person appointed to fill a vacancy in the office of | 21 | | circuit judge
shall be, at the time of appointment, a resident | 22 | | of the subcircuit from which
the person whose vacancy is
being | 23 | | filled was elected if the vacancy occurred in a circuit divided | 24 | | into
subcircuits. If a vacancy
in the office of circuit judge | 25 | | occurred in a circuit not divided into
subcircuits, a person | 26 | | appointed to fill the vacancy shall be, at the time of
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| 1 | | appointment, a resident of the
circuit from which the person | 2 | | whose vacancy is being filled was elected.
Except as provided | 3 | | in Sections 2f-1, 2f-2, 2f-4, 2f-5, 2f-6, and 2f-9
of the
| 4 | | Circuit Courts
Act, if a
vacancy occurred in the office of a | 5 | | resident circuit judge, a person appointed
to
fill the vacancy | 6 | | shall be, at the time of appointment, a resident of the county
| 7 | | from which the person whose
vacancy is being filled was | 8 | | elected.
| 9 | | (Source: P.A. 93-541, eff. 8-18-03; 93-1102, eff. 4-7-05.)
| 10 | | Section 15. The Associate Judges Act is amended by changing | 11 | | Section 2 as follows:
| 12 | | (705 ILCS 45/2) (from Ch. 37, par. 160.2)
| 13 | | Sec. 2. (a) The maximum number of associate judges | 14 | | authorized for each
circuit is the greater of the applicable | 15 | | minimum number specified in this
Section or one for each 35,000 | 16 | | or fraction thereof in population as
determined
by the last | 17 | | preceding Federal census, except for circuits with a population | 18 | | of
more than 3,000,000 where the maximum number of associate | 19 | | judges is one for
each 29,000 or fraction thereof in population | 20 | | as determined by the last
preceding federal census, reduced in | 21 | | circuits of less than 200,000 inhabitants
by the number of | 22 | | resident circuit judges elected in the circuit in excess of
one | 23 | | per county. In addition, in circuits of 1,000,000 or more | 24 | | inhabitants,
there shall be one additional associate judge |
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| 1 | | authorized for each
municipal
district of the circuit court. | 2 | | The number of associate judges to be appointed
in each circuit, | 3 | | not to exceed the maximum authorized, shall be
determined from
| 4 | | time to time by the Circuit Court. The minimum number of | 5 | | associate judges
authorized for any circuit consisting of a | 6 | | single county shall be
14, except that the minimum in the 22nd | 7 | | circuit shall be 8 and except that the minimum in the 19th | 8 | | circuit on and after December 4, 2006 shall be 20. The
minimum | 9 | | number of associate judges authorized for any circuit | 10 | | consisting of 2
counties with a combined population of at least | 11 | | 275,000 but less than 300,000
shall be 10. The minimum number | 12 | | of associate judges authorized
for any circuit
with a | 13 | | population of at least 303,000 but not more than 309,000 shall
| 14 | | be 10.
The minimum number of associate judges authorized for | 15 | | any circuit with a
population of at least 329,000, but not more | 16 | | than 335,000 shall be
11. The
minimum number of associate | 17 | | judges authorized for any circuit with a population
of at least | 18 | | 173,000 shall be 5. As
used in this
Section, the term "resident | 19 | | circuit judge" has the meaning given it in the
Judicial | 20 | | Vacancies Act.
| 21 | | (b) The maximum number of associate judges authorized under | 22 | | subsection
(a) for a circuit with a population of more than | 23 | | 3,000,000 shall
be reduced
as provided in this subsection (b). | 24 | | For each vacancy that exists on or
occurs on or after the | 25 | | effective date of this amendatory Act of 1990, that
maximum | 26 | | number shall be reduced by one until the total number of
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| 1 | | associate
judges authorized under subsection (a) is reduced by | 2 | | 60. A vacancy exists
or occurs when an associate judge dies, | 3 | | resigns, retires, is removed, or is
not reappointed upon | 4 | | expiration of his or her term; a vacancy does not
exist or | 5 | | occur at the expiration of a term if the associate judge is
| 6 | | reappointed. | 7 | | (c) The maximum number of associate judges authorized under | 8 | | subsection (a) for the 17th judicial circuit shall be reduced | 9 | | as provided in this subsection (c). Due to the vacancy that | 10 | | exists on or after the effective date of this amendatory Act of | 11 | | the 93rd General Assembly in the associate judgeship that is | 12 | | converted into a resident judgeship under subsection (a-10) of | 13 | | Section 2f-6 of the Circuit Courts Act, the maximum number of | 14 | | judges authorized under subsection (a) of this Section shall be | 15 | | reduced by one. A vacancy exists
or occurs when an associate | 16 | | judge dies, resigns, retires, is removed, or is
not reappointed | 17 | | upon expiration of his or her term; a vacancy does not
exist or | 18 | | occur at the expiration of a term if the associate judge is
| 19 | | reappointed.
| 20 | | (d) The maximum number of associate judges authorized under
| 21 | | subsection (a) for the 23rd judicial circuit shall be reduced
| 22 | | as provided in this subsection (d). Due to the vacancy that
| 23 | | exists on or after the effective date of this amendatory Act of
| 24 | | the 98th General Assembly in the associate judgeship that is
| 25 | | converted into a resident judgeship under subsection (k) of
| 26 | | Section 2f-10 of the Circuit Courts Act, the maximum number of
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| 1 | | judges authorized under subsection (a) of this Section shall be
| 2 | | reduced by one. | 3 | | (Source: P.A. 92-17, eff. 6-28-01; 93-541, eff. 8-18-03; | 4 | | 93-1040, eff. 9-28-04; 93-1102, eff. 4-7-05.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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