State of Illinois
90th General Assembly

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      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
 1                       HOUSE JOINT RESOLUTION
 2                      CONSTITUTIONAL AMENDMENT
 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)
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  A  Courts  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,  and
24    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 Supreme
28    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  three  members  of  the
19    Commission shall be necessary for a decision. The decision of
20    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  governing  its  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 and shall 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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