Full Text of SJRCA0007 98th General Assembly
SC0007 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SENATE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT SC0007 Introduced 2/4/2013, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED: |
| | ILCON Art. VI, Sec. 8 | ILCON Art. VI, Sec. 11 | ILCON Art. VI, Sec. 12 |
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Proposes to amend the Judiciary Article of the Illinois Constitution relating to the
eligibility to be elected or appointed as a Judge or Associate Judge in a county with a population of 3,000,000 or more. Provides that in order
to be eligible for election or appointment as a Judge or Associate Judge after the adoption
of the Amendment, the person must have actively practiced law in the State for at least 10
years before his or her election or appointment as a Judge or Associate Judge and his or
her license to practice law in the State must not have been suspended or revoked for
disciplinary reasons by the Supreme Court. Provides that in order to be eligible for
election or retention as a Judge, or appointment or reappointment as an Associate Judge,
after the adoption of the Amendment, the person must have been certified as qualified to
be a Judge or Associate Judge by at least 5 members of the Attorney Registration and
Disciplinary Commission of the Supreme Court of Illinois. Provides that the certification
is for 2 years and the person is subject to recertification if the person meets the
requirements. Provides that the retention of an elected Judge requires a two-thirds vote
(currently three-fifths). Provides that before a candidate for Judge is eligible to circulate
petitions or be placed on the ballot for nomination, election or retention as a Supreme,
Appellate and Circuit Judge, he or she must be certified as qualified to hold the office of
Judge by the Attorney Registration and Disciplinary Commission of the Supreme Court
of Illinois. Effective upon adoption and applies only to persons seeking election or
appointment as a Judge or Associate Judge after the adoption of the Amendment.
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| 1 | | SENATE JOINT RESOLUTION
| 2 | | CONSTITUTIONAL AMENDMENT
| 3 | | RESOLVED, BY THE SENATE OF THE NINETY-EIGHTH GENERAL | 4 | | ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES | 5 | | CONCURRING HEREIN, that there shall be submitted to the | 6 | | electors of the State for adoption or rejection at the general | 7 | | election next occurring at least 6 months after the adoption of | 8 | | this resolution a proposition to amend Sections 8, 11, and 12 | 9 | | of Article VI of the Illinois Constitution as follows:
| 10 | | ARTICLE VI | 11 | | THE JUDICIARY
| 12 | | (ILCON Art. VI, Sec. 8)
| 13 | | SECTION 8. ASSOCIATE JUDGES
| 14 | | (a) Each Circuit Court shall have such number of Associate | 15 | | Judges as
provided by law. Associate Judges shall be appointed | 16 | | by the Circuit
Judges in each circuit as the Supreme Court | 17 | | shall provide by rule. In
the First Judicial District, unless | 18 | | otherwise provided by law, at least
one-fourth of the Associate | 19 | | Judges shall be appointed from, and reside,
outside Chicago. | 20 | | The Supreme Court shall provide by rule for matters to
be | 21 | | assigned to Associate Judges. | 22 | | (b) In a county with a population of 3,000,000 or more, a | 23 | | person shall not be appointed or reappointed as an Associate |
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| 1 | | Judge after the adoption of this Amendment unless he or she has | 2 | | been certified as qualified by the Attorney Registration and | 3 | | Disciplinary Commission of the Supreme Court of Illinois as | 4 | | provided in Section 11 of this Article.
| 5 | | (Source: Illinois Constitution.)
| 6 | | (ILCON Art. VI, Sec. 11)
| 7 | | SECTION 11. ELIGIBILITY FOR OFFICE
| 8 | | (a) No person shall be eligible to be a Judge or Associate | 9 | | Judge unless he
is a United States citizen, a licensed | 10 | | attorney-at-law of this State,
and a resident of the unit which | 11 | | selects him. No change in the
boundaries of a unit shall affect | 12 | | the tenure in office of a Judge or
Associate Judge incumbent at | 13 | | the time of such change. | 14 | | (b) In a county with a population of 3,000,000 or more, a | 15 | | person who is not a Judge or Associate Judge on the date that | 16 | | this Amendment is adopted shall not be eligible to be a Judge | 17 | | or Associate Judge unless he or she has actively practiced law | 18 | | in this State for at least 10 years before his or her election | 19 | | or appointment as a Judge or Associate Judge and his or her | 20 | | license to practice law in this State has not been suspended or | 21 | | revoked for disciplinary reasons by the Supreme Court. A person | 22 | | who is not a Judge or Associate Judge on the date that this | 23 | | Amendment is adopted shall not be eligible to be elected or | 24 | | retained as a Judge, or appointed or reappointed as an | 25 | | Associate Judge, unless the person has been certified as |
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| 1 | | qualified to be a Judge or Associate Judge by at least 5 | 2 | | members of the Attorney Registration and Disciplinary | 3 | | Commission of the Supreme Court of Illinois. The certification | 4 | | by the Attorney Registration and Disciplinary Commission of the | 5 | | Supreme Court of Illinois shall be effective for 2 years after | 6 | | it is issued. A person issued certification is eligible for | 7 | | recertification if the requirements of this Section are met. | 8 | | During the evaluation process, the Commission shall consider | 9 | | each candidate's legal experience, skill and knowledge, as well | 10 | | as his or her academic background, personal character, | 11 | | commitment to community service, and professional conduct and | 12 | | temperament. The Commission may consult with the Illinois State | 13 | | Bar Association and other well established local bar | 14 | | associations in evaluating applicants for Judge or Associate | 15 | | Judge. The Commission shall charge an applicant for Judge or | 16 | | Associate Judge a suitable fee, set by the Commission, in an | 17 | | amount necessary to defray all costs incurred by the evaluation | 18 | | process.
| 19 | | (Source: Illinois Constitution.)
| 20 | | (ILCON Art. VI, Sec. 12)
| 21 | | SECTION 12. ELECTION AND RETENTION
| 22 | | (a) Supreme, Appellate and Circuit Judges shall be | 23 | | nominated at primary
elections or by petition. Judges shall be | 24 | | elected at general or judicial
elections as the General | 25 | | Assembly shall provide by law. A person
eligible for the office |
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| 1 | | of Judge may cause his name to appear on the
ballot as a | 2 | | candidate for Judge at the primary and at the general or
| 3 | | judicial elections by submitting petitions. The General | 4 | | Assembly shall
prescribe by law the requirements for petitions.
| 5 | | (b) The office of a Judge shall be vacant upon his death,
| 6 | | resignation, retirement, removal, or upon the conclusion of his | 7 | | term
without retention in office. Whenever an additional | 8 | | Appellate or Circuit
Judge is authorized by law, the office | 9 | | shall be filled in the manner
provided for filling a vacancy in | 10 | | that office.
| 11 | | (c) A vacancy occurring in the office of Supreme, Appellate | 12 | | or
Circuit Judge shall be filled as the General Assembly may | 13 | | provide by
law. In the absence of a law, vacancies may be | 14 | | filled by appointment by
the Supreme Court. A person appointed | 15 | | to fill a vacancy 60 or more days
prior to the next primary | 16 | | election to nominate Judges shall serve until
the vacancy is | 17 | | filled for a term at the next general or judicial
election. A | 18 | | person appointed to fill a vacancy less than 60 days prior
to | 19 | | the next primary election to nominate Judges shall serve until | 20 | | the
vacancy is filled at the second general or judicial | 21 | | election following
such appointment.
| 22 | | (d) Not less than six months before the general election | 23 | | preceding
the expiration of his term of office, a Supreme, | 24 | | Appellate or Circuit
Judge who has been elected to that office | 25 | | may file in the office of the
Secretary of State a declaration | 26 | | of candidacy to succeed himself. The
Secretary of State, not |
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| 1 | | less than 63 days before the election, shall
certify the | 2 | | Judge's candidacy to the proper election officials. The
names | 3 | | of Judges seeking retention shall be submitted to the electors,
| 4 | | separately and without party designation, on the sole question | 5 | | whether
each Judge shall be retained in office for another | 6 | | term. The retention
elections shall be conducted at general | 7 | | elections in the appropriate
Judicial District, for Supreme and | 8 | | Appellate Judges, and in the circuit
for Circuit Judges. The | 9 | | affirmative vote of two-thirds three-fifths of the electors
| 10 | | voting on the question shall elect the Judge to the office for | 11 | | a term
commencing on the first Monday in December following his | 12 | | election.
| 13 | | (e) A law reducing the number of Appellate or Circuit | 14 | | Judges shall
be without prejudice to the right of the Judges | 15 | | affected to seek
retention in office. A reduction shall become | 16 | | effective when a vacancy
occurs in the affected unit. | 17 | | (f) After the adoption of this Amendment, before a | 18 | | candidate for Judge is eligible to circulate petitions or be | 19 | | placed on the ballot for nomination, election or retention as a | 20 | | Supreme, Appellate and Circuit Judge in a county with a | 21 | | population of 3,000,000 or more, he or she must be certified as | 22 | | qualified to hold the office of Judge by the Attorney | 23 | | Registration and Disciplinary Commission of the Supreme Court | 24 | | of Illinois as provided in Section 11 of this Article VI.
| 25 | | (Source: Illinois Constitution.)
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| 1 | | SCHEDULE
| 2 | | This Constitutional Amendment takes effect upon being | 3 | | declared adopted in accordance with Section 7 of the Illinois | 4 | | Constitutional Amendment Act and applies only to persons | 5 | | seeking election or appointment as a Judge or Associate Judge | 6 | | after the adoption of this Amendment.
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