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90_HC0014 ILCON Art. VI, Sec. 15 Proposes to amend the Judiciary Article of the Illinois Constitution. Provides that the Courts Commission shall consist of 7 members appointed as follows: 2 Appellate Court Judges appointed by that Court, 2 Circuit Judges appointed by the Chief Judges of the Judicial Circuits, and 3 citizens appointed by the Supreme Court. Provides for a like number of alternates to serve if a member is disqualified. Provides for 4-year staggered terms. Allows for appeal of Commission decisions to the Supreme Court or, if a Supreme Court Judge is subject to discipline, to a Special Panel of Appellate Court Judges. Both the Judicial Inquiry Board and the Judge may appeal. Requires the Commission to adopt comprehensive rules. Makes other changes. Effective upon approval of the electors. LRB9005733REmb LRB9005733REmb 1 HOUSE JOINT RESOLUTION 2 CONSTITUTIONAL AMENDMENT 3 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE 4 NINETIETH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE 5 SENATE CONCURRING HEREIN, that there shall be submitted to 6 the electors of the State for adoption or rejection at the 7 general election next occurring at least 6 months after the 8 adoption of this resolution a proposition to amend Section 15 9 of Article VI of the Illinois Constitution as follows: 10 ARTICLE VI 11 THE JUDICIARY 12 (ILCON Art. VI, Sec. 15) 13 SECTION 15. RETIREMENT - DISCIPLINE 14 (a) The General Assembly may provide by law for the 15 retirement of Judges and Associate Judges at a prescribed 16 age. Any retired Judge or Associate Judge, with his or her 17 consent, may be assigned by the Supreme Court to judicial 18 service for which he or she shall receive the applicable 19 compensation in lieu of retirement benefits. A retired 20 Associate Judge may be assigned only as an Associate Judge. 21 (b) A Judicial Inquiry Board is created. The Supreme 22 Court shall select two Circuit Judges as members and the 23 Governor shall appoint four persons who are not lawyers and 24 three lawyers as members of the Board. No more than two of 25 the lawyers and two of the non-lawyers appointed by the 26 Governor shall be members of the same political party. The 27 terms of Board members shall be four years. A vacancy on the 28 Board shall be filled for a full term in the manner the 29 original appointment was made. No member may serve on the 30 Board more than eight years. 31 (c) The Board shall be convened permanently, with 32 authority to conduct investigations, receive or initiate -2- LRB9005733REmb 1 complaints concerning a Judge or Associate Judge, and file 2 complaints with the Courts Commission. The Board shall not 3 file a complaint unless five members believe that a 4 reasonable basis exists (1) to charge the Judge or Associate 5 Judge with willful misconduct in office, persistent failure 6 to perform his duties, or other conduct that is prejudicial 7 to the administration of justice or that brings the judicial 8 office into disrepute, or (2) to charge that the Judge or 9 Associate Judge is physically or mentally unable to perform 10 his duties. All proceedings of the Board shall be 11 confidential except the filing of a complaint with the Courts 12 Commission. The Board shall prosecute the complaint. 13 (d) The Board shall adopt rules governing its 14 procedures. It shall have subpoena power and authority to 15 appoint and direct its staff. Members of the Board who are 16 not Judges shall receive per diem compensation and necessary 17 expenses; members who are Judges shall receive necessary 18 expenses only. The General Assembly by law shall appropriate 19 funds for the operation of the Board. 20 (e) An independent
ACourts Commission is created 21 consisting of one Supreme Court Judge selected by that Court,22 who shall be its chairman,two Appellate Court Judges 23 selected by that Court as members and two as alternates, and24 two Circuit Judges selected by the Chief Judges of the 25 Judicial Circuits as members and two as alternates, and three 26 citizens who are not sitting Illinois Judges selected by the 27 Supreme Court as members and three as alternates Supreme28 Court. No member or alternate of the Commission shall be a 29 member of the Judicial Inquiry Board. The members of the 30 Commission shall select a chairperson to serve a two-year 31 term. 32 Except for the initial appointees, each member and 33 alternate of the Commission shall serve a four-year term. 34 The terms of the initial appointees shall be staggered terms -3- LRB9005733REmb 1 of four or fewer years as determined by the Supreme Court by 2 rule so that no more than one-third of the members and no 3 more than one-third of the alternates is appointed in any one 4 year. If the office of a member or alternate becomes vacant, 5 the vacancy shall be filled for the remainder of the term in 6 the manner the original appointment was made. 7 The Commission shall be convened permanently to hear 8 complaints filed by the Judicial Inquiry Board. The 9 Commission shall have authority after notice and public 10 hearing, (1) to remove from office, suspend without pay, 11 censure or reprimand a Judge or Associate Judge for willful 12 misconduct in office, persistent failure to perform his or 13 her duties, or other conduct that is prejudicial to the 14 administration of justice or that brings the judicial office 15 into disrepute, or (2) to suspend, with or without pay, or 16 retire a Judge or Associate Judge who is physically or 17 mentally unable to perform his or her duties. 18 (f) The concurrence of four threemembers of the 19 Commission shall be necessary for a decision. The decision of20 the Commission shall be final.21 (g) Both the Judicial Inquiry Board and the Judge 22 subject to discipline have the right to appeal the decision 23 of the Commission. If the Judge is not a Supreme Court 24 Judge, the appeal shall be to the Supreme Court. If the 25 Judge is a Supreme Court Judge, the appeal shall be to a 26 Special Panel convened specifically for that purpose. The 27 Special Panel shall consist of seven Appellate Court Judges, 28 who are not Commission members or alternates or Judicial 29 Inquiry Board members, chosen by lot by the Secretary of 30 State in a public drawing with three chosen from the First 31 Judicial District and one from each of the other Judicial 32 Districts. The senior Appellate Court Judge on the Special 33 Panel shall serve as its Chief Judge. The decision of the 34 Supreme Court or Special Panel, as the case may be, shall be -4- LRB9005733REmb 1 final. 2 (h) (g)The Commission shall adopt comprehensive rules 3 to ensure that governingits procedures are fair and 4 appropriate. These rules and any amendments shall be public 5 and filed with the Secretary of State 30 days before becoming 6 effective. 7 A member of the Commission shall disqualify himself or 8 herself, or the other members of the Commission shall 9 disqualify a member, with respect to any matter in which 10 disqualification or recusal would be required of a Judge 11 under rules of the Supreme Court or statutes governing 12 disqualification or recusal. 13 If a member of the Commission is disqualified with 14 respect to any matter, that member shall be replaced by one 15 of his or her alternates in a manner provided by rule of the 16 Supreme Court. The alternate shall act as member of the 17 Courts Commission with respect to that matter only. 18 The Commission andshall have power to issue subpoenas. 19 The General Assembly shall provide by law for the 20 expenses of the Commission. 21 (Source: Illinois Constitution.) 22 SCHEDULE 23 This Constitutional Amendment takes effect upon approval 24 by the electors of this State.
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