HB4226enr 103RD GENERAL ASSEMBLY

 


 
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1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Circuit Courts Act is amended by changing
5Section 2f as follows:
 
6    (705 ILCS 35/2f)  (from Ch. 37, par. 72.2f)
7    Sec. 2f. Circuit of Cook County.
8    (a) Until December 2, 2024, the Circuit of Cook County
9shall be divided into 15 units to be known as subcircuits. On
10and after December 2, 2024, the Circuit of Cook County is
11divided into 20 subcircuits as drawn by the General Assembly.
12The subcircuits shall be compact, contiguous, and
13substantially equal in population. Beginning in 2031, the
14General Assembly shall, in the year following each federal
15decennial census, redraw the boundaries of the subcircuits to
16reflect the results of the most recent federal decennial
17census.
18    In accordance with subsection (d), a resident judgeship
19assigned to a subcircuit shall continue to be assigned to that
20subcircuit. Any vacancy in a resident judgeship existing on or
21occurring after the effective date of a law redrawing the
22boundaries of the subcircuits shall be filled by a resident of
23the redrawn subcircuit.

 

 

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1    (b) The 165 resident judges to be elected from the Circuit
2of Cook County shall be determined under paragraph (4) of
3subsection (a) of Section 2 of the Judicial Vacancies Act.
4    (c) For resident judgeships to be filled by election on or
5before the 2022 general election, the Supreme Court shall
6allot (i) the additional resident judgeships provided by
7paragraph (4) of subsection (a) of Section 2 of the Judicial
8Vacancies Act and (ii) all vacancies in resident judgeships
9existing on or occurring on or after the effective date of this
10amendatory Act of 1990, with respect to the other resident
11judgeships of the Circuit of Cook County, for election from
12the various subcircuits until there are 11 resident judges to
13be elected from each of the 15 subcircuits (for a total of
14165). A resident judgeship authorized before the effective
15date of this amendatory Act of 1990 that became vacant and was
16filled by appointment by the Supreme Court before that
17effective date shall be filled by election at the general
18election in November of 1992 from the unit of the Circuit of
19Cook County within Chicago or the unit of that Circuit outside
20Chicago, as the case may be, in which the vacancy occurred.
21    (d) As soon as practicable after the subcircuits are
22created by law, the Supreme Court shall determine by lot a
23numerical order for the 15 subcircuits. That numerical order
24shall be the basis for the order in which resident judgeships
25are assigned to the subcircuits. After the first round of
26assignments, the second and all later rounds shall be based on

 

 

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1the same numerical order. Once a resident judgeship is
2assigned to a subcircuit, it shall continue to be assigned to
3that subcircuit for all purposes; provided that a resident
4judge elected from a subcircuit seeking retention shall run
5for retention at large in the circuit in accordance with
6Article VI, Section 12(d) of the Illinois Constitution. No
7elected judge of the Circuit of Cook County serving on January
87, 2022 shall be required to change his or her residency in
9order to continue serving in office or to seek retention in
10office as resident judgeships are allotted by the Supreme
11Court in accordance with this Section.
12    (d-5) For resident judgeships to be filled by election on
13or after the 2024 general election, a vacancy of a resident
14judgeship to be elected from a subcircuit shall be allotted by
15the Supreme Court to the subcircuit created under the Judicial
16Circuits Districting Act of 2022 that numerically corresponds
17to the subcircuit from which the resident judgeship was
18previously allotted. For any resident judgeship to be elected
19from a subcircuit that was not previously allotted to a
20subcircuit, vacancies shall be allotted in numerical order to
21subcircuits created under the Judicial Circuits Districting
22Act of 2022 which numerically correspond to subcircuits that
23had less than 11 resident judges on January 7, 2022 until there
24are 11 resident judges to be elected from each of the
25respective subcircuits. Vacancies in associate judgeships
26authorized under Section 2(a) of the Associate Judges Act

 

 

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1occurring or after June 1, 2023 shall be converted to resident
2circuit judgeships and shall be allotted in numerical order to
3subcircuits Any vacancies in formerly associate judgeships
4converted to resident circuit judgeships in the Circuit of
5Cook County occurring on or after June 1, 2023 shall be
6allotted in numerical order to Judicial Subcircuits 16, 17,
718, 19, and 20, until there are 11 resident judges to be
8elected from each of those subcircuits (for a total of 55).
9Beginning with the 2024 election cycle, the The maximum number
10of formerly associate judgeship vacancies which shall be
11judgeships converted to resident circuit judgeships to which
12may be allotted to Judicial Subcircuits 16, 17, 18, 19, and 20
13in an election cycle shall be 10 resident circuit 2
14judgeships, with each subcircuit allotted no more than 2
15resident circuit judgeships per election cycle. Any additional
16associate judgeship vacancies in excess of the maximum number
17per election cycle shall not be converted to resident circuit
18judgeships and shall be filled according to Supreme Court Rule
1939 until such time that a vacancy in the associate judgeship
20occurs. A vacancy occurs when an associate judge dies,
21resigns, retires, is removed, or is not reappointed upon the
22expiration of his or her term; a vacancy does not occur at the
23expiration of a term if the associate judge is reappointed. As
24used in this subsection, "election cycle" means the period
25that begins on the day following the last day to certify
26judicial vacancies for election at the next general election

 

 

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1and ends on the last day to certify judicial vacancies for
2election at the next general election, as provided in Section
325-3 of the Election Code subcircuit.
4    (e) A resident judge elected from a subcircuit shall
5continue to reside in that subcircuit as long as he or she
6holds that office. A resident judge elected from a subcircuit
7after January 1, 2008, must retain residency as a registered
8voter in the subcircuit to run for retention from the circuit
9at large thereafter.
10(Source: P.A. 101-477, eff. 6-1-20; 102-668, eff. 11-15-21;
11102-693, eff. 1-7-22; 102-1126, eff. 2-10-23.)
 
12    Section 10. The Associate Judges Act is amended by
13changing Section 2 as follows:
 
14    (705 ILCS 45/2)  (from Ch. 37, par. 160.2)
15    Sec. 2. (a) The maximum number of associate judges
16authorized for each circuit is the greater of the applicable
17minimum number specified in this Section or one for each
1835,000 or fraction thereof in population as determined by the
19last preceding Federal census, except for circuits with a
20population of more than 3,000,000 where the maximum number of
21associate judges is one for each 29,000 or fraction thereof in
22population as determined by the last preceding federal census,
23reduced in circuits of less than 200,000 inhabitants by the
24number of resident circuit judges elected in the circuit in

 

 

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1excess of one per county, except that the maximum number of
2associate judges authorized for the 24th circuit shall be 3.
3In addition, in circuits of 1,000,000 or more inhabitants,
4there shall be one additional associate judge authorized for
5each municipal district of the circuit court. The number of
6associate judges to be appointed in each circuit, not to
7exceed the maximum authorized, shall be determined from time
8to time by the Circuit Court. The minimum number of associate
9judges authorized for any circuit consisting of a single
10county shall be 14, except that the minimum in the 22nd circuit
11shall be 8, the minimum in the 19th circuit on and after
12December 4, 2006 shall be 20, and the maximum number of
13associate judges in the 20th circuit on and after December 5,
142022 shall be 12. The minimum number of associate judges
15authorized for any circuit consisting of 2 counties with a
16combined population of at least 275,000 but less than 300,000
17shall be 10. The minimum number of associate judges authorized
18for any circuit with a population of at least 303,000 but not
19more than 309,000 shall be 10. The minimum number of associate
20judges authorized for any circuit with a population of at
21least 329,000, but not more than 349,999 shall be 11. The
22minimum number of associate judges authorized for any circuit
23with a population of at least 173,000 shall be 5. The number of
24associate judges authorized for a circuit shall not be reduced
25as a result of the 2020 federal decennial census. As used in
26this Section, the term "resident circuit judge" has the

 

 

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1meaning given it in the Judicial Vacancies Act.
2    (b) The maximum number of associate judges authorized
3under subsection (a) for a circuit with a population of more
4than 3,000,000 shall be reduced as provided in this subsection
5(b). For each vacancy that exists on or occurs on or after the
6effective date of this amendatory Act of 1990, that maximum
7number shall be reduced by one until the total number of
8associate judges authorized under subsection (a) is reduced by
960. A vacancy exists or occurs when an associate judge dies,
10resigns, retires, is removed, or is not reappointed upon
11expiration of his or her term; a vacancy does not exist or
12occur at the expiration of a term if the associate judge is
13reappointed.
14    (b-5) The maximum number of associate judges authorized
15under subsection (a) for a circuit with a population of more
16than 3,000,000 shall be reduced as provided in this subsection
17(b-5). Vacancies in associate judgeships authorized under
18subsection (a) occurring on or after June 1, 2023 shall be
19converted to resident circuit judgeships and shall be allotted
20in numerical order to subcircuits 16, 17, 18, 19, and 20 Each
21associate judgeship vacancy that occurs on or after June 1,
222023 shall be converted to a resident circuit judgeship and
23allotted to a subcircuit pursuant to subsection (d-5) of
24Section 2f of the Circuit Courts Act, with each subcircuit
25allotted no more than a total of 11 resident circuit
26judgeships. Each election cycle, beginning with the 2024

 

 

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1election cycle, a maximum of 10 associate judgeship vacancies
2shall be converted to resident circuit judgeships pursuant to
3subsection (d-5) of Section 2f of the Circuit Courts Act and
4that maximum number shall be reduced by one until the total
5number of associate judges authorized under subsection (a) is
6reduced by 55. The maximum number of formerly associate
7judgeships which may be converted to resident circuit
8judgeships and which may be allotted to subcircuits 16, 17,
918, 19, and 20 in an election cycle shall be 10 2 judgeships
10with each per subcircuit being allotted no more than 2
11resident circuit judgeships per election cycle. Any additional
12associate judgeship vacancies in excess of the maximum number
13per election cycle shall not be converted to resident circuit
14judgeships and shall be filled according to Supreme Court Rule
1539 until such time that a vacancy in the associate judgeship
16occurs. A vacancy occurs when an associate judge dies,
17resigns, retires, is removed, or is not reappointed upon
18expiration of his or her term; a vacancy does not occur at the
19expiration of a term if the associate judge is reappointed. As
20used in this subsection, "election cycle" means the period
21that begins on the day following the last day to certify
22judicial vacancies for election at the next general election
23and ends on the last day to certify judicial vacancies for
24election at the next general election, as provided in Section
2525-3 of the Election Code.
26    (c) The maximum number of associate judges authorized

 

 

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1under subsection (a) for the 17th judicial circuit shall be
2reduced as provided in this subsection (c). Due to the vacancy
3that exists on or after the effective date of this amendatory
4Act of the 93rd General Assembly in the associate judgeship
5that is converted into a resident judgeship under subsection
6(a-10) of Section 2f-6 of the Circuit Courts Act, the maximum
7number of judges authorized under subsection (a) of this
8Section shall be reduced by one. A vacancy exists or occurs
9when an associate judge dies, resigns, retires, is removed, or
10is not reappointed upon expiration of his or her term; a
11vacancy does not exist or occur at the expiration of a term if
12the associate judge is reappointed.
13    (d) The maximum number of associate judges authorized
14under subsection (a) for the 23rd judicial circuit shall be
15reduced as provided in this subsection (d). Due to the vacancy
16that exists on or after the effective date of this amendatory
17Act of the 98th General Assembly in the associate judgeship
18that is converted into a resident judgeship under subsection
19(k) of Section 2f-10 of the Circuit Courts Act, the maximum
20number of judges authorized under subsection (a) of this
21Section shall be reduced by one.
22(Source: P.A. 102-693, eff. 1-7-22; 102-1126, eff. 2-10-23.)
 
23    Section 15. The Court Reporters Act is amended by changing
24Section 7 as follows:
 

 

 

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1    (705 ILCS 70/7)  (from Ch. 37, par. 657)
2    Sec. 7. Proficiency tests. Each court reporter may be
3required by the chief judge to shall take a test to verify his
4or her proficiency within one year of employment. The test
5shall be prepared and administered by the employer
6representative in consultation with each of the other employer
7representatives pursuant to standards set by rules. A
8proficiency test passed prior to employment may be accepted by
9the chief judge as proof of proficiency.
10(Source: P.A. 101-581, eff. 1-1-20.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.