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90_HB1550enr
705 ILCS 40/2 from Ch. 37, par. 72.42
Amends the Judicial Vacancies Act. Provides that a
person appointed to fill a vacancy in the office of circuit
judge must be a resident of the subcircuit or circuit, or in
the case of a resident circuit judge, of the county from
which the person whose vacancy is being filled was elected.
Effective immediately.
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1 AN ACT to amend the Judicial Vacancies Act by changing
2 Section 2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Judicial Vacancies Act is amended by
6 changing Section 2 as follows:
7 (705 ILCS 40/2) (from Ch. 37, par. 72.42)
8 Sec. 2. (a) Except as provided in paragraphs (1), (2),
9 (3) and (4) of this subsection (a), vacancies in the office
10 of a resident circuit judge in any county or in any unit or
11 subcircuit of any circuit shall not be filled.
12 (1) If in any county of less than 45,000
13 inhabitants there remains in office no other resident
14 judge following the occurrence of a vacancy, such vacancy
15 shall be filled.
16 (2) If in any county of 45,000 or more but less
17 than 60,000 inhabitants there remains in office only one
18 resident judge following the occurrence of a vacancy,
19 such vacancy shall be filled.
20 (3) If in any county of 60,000 or more inhabitants,
21 other than the County of Cook, there remain in office no
22 more than 2 resident judges following the occurrence of a
23 vacancy, such vacancy shall be filled.
24 (4) The County of Cook shall have 165 resident
25 judges on and after the effective date of this amendatory
26 Act of 1990. Of those resident judgeships, (i) 56 shall
27 be those authorized before the effective date of this
28 amendatory Act of 1990 from the unit of the Circuit of
29 Cook County within Chicago, (ii) 27 shall be those
30 authorized before the effective date of this amendatory
31 Act of 1990 from the unit of the Circuit of Cook County
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1 outside Chicago, (iii) 12 shall be additional resident
2 judgeships first elected at the general election in
3 November of 1992, (iv) 10 shall be additional resident
4 judgeships first elected at the general election in
5 November of 1994, and (v) 60 shall be additional resident
6 judgeships to be authorized one each for each reduction
7 upon vacancy in the office of associate judge in the
8 Circuit of Cook County as those vacancies exist or occur
9 on and after the effective date of this amendatory Act of
10 1990 and as those vacancies are determined under
11 subsection (b) of Section 2 of the Associate Judges Act
12 until the total resident judgeships authorized under this
13 item (v) is 60. Seven of the 12 additional resident
14 judgeships provided in item (iii) may be filled by
15 appointment by the Supreme Court during the period
16 beginning on the effective date of this amendatory Act of
17 1990 and ending 60 days before the primary election in
18 March of 1992; those judicial appointees shall serve
19 until the first Monday in December of 1992. Five of the
20 12 additional resident judgeships provided in item (iii)
21 may be filled by appointment by the Supreme Court during
22 the period beginning July 1, 1991 and ending 60 days
23 before the primary election in March of 1992; those
24 judicial appointees shall serve until the first Monday in
25 December of 1992. Five of the 10 additional resident
26 judgeships provided in item (iv) may be filled by
27 appointment by the Supreme Court during the period
28 beginning July 1, 1992 and ending 60 days before the
29 primary election in March of 1994; those judicial
30 appointees shall serve until the first Monday in December
31 of 1994. The remaining 5 of the 10 additional resident
32 judgeships provided in item (iv) may be filled by
33 appointment by the Supreme Court during the period
34 beginning July 1, 1993 and ending 60 days before the
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1 primary election in March of 1994; those judicial
2 appointees shall serve until the first Monday in December
3 1994. The additional resident judgeships created upon
4 vacancy in the office of associate judge provided in item
5 (v) may be filled by appointment by the Supreme Court
6 beginning on the effective date of this amendatory Act of
7 1990; but no additional resident judgeships created upon
8 vacancy in the office of associate judge provided in item
9 (v) shall be filled during the 59 day period before the
10 next primary election to nominate judges. The Circuit of
11 Cook County shall be divided into units to be known as
12 subcircuits as provided in Section 2f of the Circuit
13 Courts Act. A vacancy in the office of resident judge of
14 the Circuit of Cook County existing on or occurring on or
15 after the effective date of this amendatory Act of 1990,
16 but before the date the subcircuits are created by law,
17 shall be filled by appointment by the Supreme Court from
18 the unit within Chicago or the unit outside Chicago, as
19 the case may be, in which the vacancy occurs and filled
20 by election from the subcircuit to which it is allotted
21 under Section 2f of the Circuit Courts Act. A vacancy in
22 the office of resident judge of the Circuit of Cook
23 County existing on or occurring on or after the date the
24 subcircuits are created by law shall be filled by
25 appointment by the Supreme Court and by election from the
26 subcircuit to which it is allotted under Section 2f of
27 the Circuit Courts Act.
28 (b) Nothing in paragraphs (2) or (3) of subsection (a)
29 of this Section shall be construed to require or permit in
30 any county a greater number of resident judges than there
31 were resident associate judges on January 1, 1967.
32 (c) Vacancies authorized to be filled by this Section 2
33 shall be filled in the manner provided in Article VI of the
34 Constitution.
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1 (d) A person appointed to fill a vacancy in the office
2 of circuit judge shall be, at the time of appointment, a
3 resident of the subcircuit from which the person whose
4 vacancy is being filled was elected if the vacancy occurred
5 in Cook County. If a vacancy in the office of circuit judge
6 occurred in a circuit other than Cook County, a person
7 appointed to fill the vacancy shall be, at the time of
8 appointment, a resident of the circuit from which the person
9 whose vacancy is being filled was elected. If a vacancy
10 occurred in the office of a resident circuit judge, a person
11 appointed to fill the vacancy shall be, at the time of
12 appointment, a resident of the county from which the person
13 whose vacancy is being filled was elected.
14 (Source: P.A. 86-786; 86-1478.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.