Full Text of SB1969 101st General Assembly
SB1969 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1969 Introduced 2/15/2019, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED: |
| 705 ILCS 40/2 | from Ch. 37, par. 72.42 |
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Amends the Judicial Vacancies Act. Provides that vacancies authorized to be filled by a specified provision shall be filled within 90 days in a specified manner.
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| | A BILL FOR |
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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 Judicial Vacancies Act is amended by | 5 | | changing Section 2 as follows:
| 6 | | (705 ILCS 40/2) (from Ch. 37, par. 72.42)
| 7 | | Sec. 2. (a) Except as provided in paragraphs (1),
(2), (3), | 8 | | (4), and (5) of this subsection (a),
vacancies in the office of | 9 | | a resident circuit judge in any county or in any
unit or | 10 | | subcircuit of any circuit shall not be filled.
| 11 | | (1) If in any county of less than 45,000 inhabitants | 12 | | there remains
in office no other resident judge following | 13 | | the occurrence of a vacancy,
such vacancy shall be filled.
| 14 | | (2) If in any county of 45,000 or more but less than | 15 | | 60,000
inhabitants there remains in office only one | 16 | | resident judge following
the occurrence of a vacancy, such | 17 | | vacancy shall be filled.
| 18 | | (3) If in any county of 60,000 or more inhabitants, | 19 | | other than the
County of Cook or as provided in paragraph | 20 | | (5), there remain in office no
more than 2 resident judges
| 21 | | following the occurrence of a vacancy, such vacancy shall | 22 | | be filled.
| 23 | | (4) The County of Cook shall have 165 resident judges |
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| 1 | | on
and after the effective date of this amendatory Act of | 2 | | 1990. Of those
resident judgeships, (i) 56 shall be those | 3 | | authorized before the effective
date of this amendatory Act | 4 | | of 1990 from the unit of the Circuit of Cook
County within | 5 | | Chicago, (ii) 27 shall be those authorized before the
| 6 | | effective date of this amendatory Act of 1990 from the unit | 7 | | of the Circuit
of Cook County outside Chicago, (iii) 12 | 8 | | shall be additional resident
judgeships first elected at | 9 | | the general election in November of 1992,
(iv) 10 shall be | 10 | | additional resident judgeships first elected at the
| 11 | | general election in November of 1994, and (v) 60 shall be | 12 | | additional
resident judgeships to be authorized
one each | 13 | | for each
reduction upon vacancy in the office of associate | 14 | | judge in the Circuit of
Cook County as those vacancies
| 15 | | exist or occur on and after the effective date of this | 16 | | amendatory Act of
1990 and as those vacancies are
| 17 | | determined under subsection (b) of Section 2 of the | 18 | | Associate Judges Act
until the total
resident judgeships | 19 | | authorized under this item (v) is 60. Seven 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 on the effective date of this amendatory | 23 | | Act of 1990 and
ending 60 days before the primary election | 24 | | in March of 1992; those judicial
appointees shall serve | 25 | | until the first Monday in December of 1992. Five
of the 12 | 26 | | additional resident judgeships provided in item (iii) may |
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| 1 | | be
filled by appointment by the Supreme Court during the | 2 | | period beginning July
1, 1991 and ending 60 days before the | 3 | | primary election in March of 1992;
those judicial | 4 | | appointees shall serve until the first Monday in December | 5 | | of
1992. Five of the 10 additional resident judgeships | 6 | | provided in item (iv)
may be filled by appointment by the | 7 | | Supreme Court during the period
beginning July 1, 1992 and | 8 | | ending 60 days before the primary election in
March of | 9 | | 1994; those judicial appointees shall serve until the first | 10 | | Monday
in December of 1994. The remaining 5 of the 10 | 11 | | additional resident
judgeships provided in item (iv) may be | 12 | | filled by appointment by the
Supreme Court during the | 13 | | period beginning July 1, 1993 and ending 60 days
before the | 14 | | primary election in March of 1994; those judicial | 15 | | appointees
shall serve until the first Monday in December | 16 | | 1994. The additional
resident judgeships created upon | 17 | | vacancy in the office of associate judge
provided in item | 18 | | (v) may be filled by appointment by the Supreme Court
| 19 | | beginning on the effective date of this amendatory Act of | 20 | | 1990; but no
additional resident judgeships created upon | 21 | | vacancy in the office of
associate judge provided in item | 22 | | (v) shall be filled during the 59 day
period before the | 23 | | next primary election to nominate judges.
The Circuit of | 24 | | Cook County shall be
divided into units to be known as | 25 | | subcircuits as provided in Section 2f of
the Circuit Courts | 26 | | Act.
A vacancy in the office of resident judge of the
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| 1 | | Circuit of Cook County existing on or occurring on or after | 2 | | the effective
date of this amendatory Act of 1990, but | 3 | | before the date the subcircuits
are created by law, shall | 4 | | be filled by appointment by the Supreme Court
from the unit | 5 | | within Chicago or the
unit outside Chicago, as the case may | 6 | | be, in which the vacancy occurs and
filled by election from | 7 | | the subcircuit to which it is allotted under
Section 2f of | 8 | | the Circuit Courts Act. A
vacancy in the office
of resident | 9 | | judge of the
Circuit of Cook County existing on or | 10 | | occurring on or after the
date the subcircuits are created | 11 | | by law
shall be
filled by appointment by the Supreme Court | 12 | | and by election from the subcircuit
to
which it is allotted | 13 | | under Section 2f of the Circuit Courts Act.
| 14 | | (5) Notwithstanding paragraphs (1), (2), and (3) of | 15 | | this subsection (a), resident judges in the 12th, 16th, | 16 | | 17th, 19th, 22nd, and 23rd
judicial circuits
are as | 17 | | provided in Sections 2f-1, 2f-2, 2f-4, 2f-5, 2f-6, 2f-9, | 18 | | and 2f-10 of
the Circuit
Courts Act.
| 19 | | (b) Nothing in paragraphs (2) or (3) of subsection (a) of | 20 | | this
Section shall be construed
to require or permit in any | 21 | | county a greater number of resident judges
than there were | 22 | | resident associate judges on January 1, 1967.
| 23 | | (c) Vacancies authorized to be filled by this Section 2 | 24 | | shall be filled within 90 days
in the manner provided in | 25 | | Article VI of the Constitution.
| 26 | | (d) A person appointed to fill a vacancy in the office of |
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| 1 | | circuit judge
shall be, at the time of appointment, a resident | 2 | | of the subcircuit from which
the person whose vacancy is
being | 3 | | filled was elected if the vacancy occurred in a circuit divided | 4 | | into
subcircuits. If a vacancy
in the office of circuit judge | 5 | | occurred in a circuit not divided into
subcircuits, a person | 6 | | appointed to fill the vacancy shall be, at the time of
| 7 | | appointment, a resident of the
circuit from which the person | 8 | | whose vacancy is being filled was elected.
Except as provided | 9 | | in Sections 2f-1, 2f-2, 2f-4, 2f-5, 2f-6, and 2f-9
of the
| 10 | | Circuit Courts
Act, if a
vacancy occurred in the office of a | 11 | | resident circuit judge, a person appointed
to
fill the vacancy | 12 | | shall be, at the time of appointment, a resident of the county
| 13 | | from which the person whose
vacancy is being filled was | 14 | | elected.
| 15 | | (Source: P.A. 98-744, eff. 7-16-14.)
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