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90_HC0019
ILCON Art. IV, Sec. 14
ILCON Art. VI, Sec. 15
Proposes to amend the Illinois Constitution by creating a
Judicial Discipline and Incapacity Commission to administer
and have jurisdiction over judicial discipline and
incapacity. Abolishes the Judicial Inquiry Board and the
Courts Commission. Abolishes impeachment of judicial
officers. Effective upon approval by the electors.
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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 14
9 of Article IV and Section 15 of Article VI of the
10 Constitution as follows:
11 ARTICLE IV
12 THE LEGISLATURE
13 (ILCON Art. IV, Sec. 14)
14 SECTION 14. IMPEACHMENT
15 The House of Representatives has the sole power to
16 conduct legislative investigations to determine the existence
17 of cause for impeachment and, by the vote of a majority of
18 the members elected, to impeach Executive and Judicial
19 officers. Impeachments shall be tried by the Senate. When
20 sitting for that purpose, Senators shall be upon oath, or
21 affirmation, to do justice according to law. If the Governor
22 is tried, the Chief Justice of the Supreme Court shall
23 preside. No person shall be convicted without the concurrence
24 of two-thirds of the Senators elected. Judgment shall not
25 extend beyond removal from office and disqualification to
26 hold any public office of this State. An impeached officer,
27 whether convicted or acquitted, shall be liable to
28 prosecution, trial, judgment and punishment according to law.
29 (Source: Illinois Constitution.)
30 ARTICLE VI
31 THE JUDICIARY
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1 (ILCON Art. VI, Sec. 15)
2 SECTION 15. RETIREMENT - DISCIPLINE
3 (a) The General Assembly may provide by law for the
4 retirement of Judges and Associate Judges at a prescribed
5 age. Except as otherwise provided in this Section, any
6 retired Judge or Associate Judge, with his consent, may be
7 assigned by the Supreme Court to judicial service for which
8 he shall receive the applicable compensation in lieu of
9 retirement benefits. A retired Associate Judge may be
10 assigned only as an Associate Judge.
11 (b) A Judicial Discipline and Incapacity Commission is
12 created. The Commission shall administer and have exclusive
13 jurisdiction over matters of judicial discipline and
14 incapacity. The Commission shall consist of twelve members
15 in three categories: judges, lawyers, and public members.
16 The Supreme Court shall appoint two Circuit Judges (one or
17 both of whom may be retired Circuit Judges) and two Appellate
18 Judges (one or both of whom may be retired Appellate Judges)
19 as members. A committee of lawyers designated by the
20 presidents of the bar associations headquartered in Illinois
21 having seats in the House of Delegates of the American Bar
22 Association shall appoint four persons who are lawyers as
23 members. The Governor shall appoint four persons who are
24 neither lawyers nor judges as public members. No more than
25 two of the public members appointed by the Governor shall be
26 members of the same political party. No Supreme Court Justice
27 may be a Commission member. The terms of Commission members
28 shall be six years. The Commission shall implement a method
29 for staggering initial terms of members so that the terms of
30 four members expire every 2 years. No member shall be
31 eligible for reappointment for consecutive terms. A vacancy
32 on the Commission shall be filled for a full term in the
33 manner the original appointment was made. Commission members
34 shall not be subject to removal except for cause. Removal of
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1 a member shall be by the authority appointing the member
2 under rules and standards to be adopted by the appointing
3 authority.
4 The Commission shall have jurisdiction over the conduct
5 of judges alleged to be in violation of a Supreme Court Rule
6 on judicial conduct or any other applicable law or ethical
7 code, regardless of whether the alleged conduct occurs in the
8 course of the judge's official duties.
9 The Commission shall have jurisdiction over a former
10 judge to require the former judge to respond to a complaint
11 of misconduct that occurred before or during the former
12 judge's service as a judge, but only if the complaint is
13 brought within six months following the last day of the
14 former judge's service. The Commission shall exercise
15 caution and discretion before initiating an investigation of
16 a former judge and shall take into consideration factors such
17 as the seriousness of the complaint, the likelihood that the
18 former judge will return to judicial service, and the extent
19 to which the matter can and will be appropriately handled by
20 the agency of the Illinois Supreme Court that has
21 administrative supervision over disciplinary proceedings
22 affecting lawyers.
23 A judge shall be disqualified from acting as a judge,
24 without loss of salary, while there is pending any indictment
25 or information charging the judge in the United States with a
26 crime punishable as a felony under Illinois or federal law,
27 or if there is a petition to the Illinois Supreme Court to
28 review a determination by the Commission to remove or retire
29 a judge. The Commission may disqualify a judge from acting
30 as a judge, without loss of salary, upon notice of formal
31 proceedings by the Commission charging the judge with
32 judicial misconduct or disability.
33 The Commission shall suspend a judge from office without
34 salary when in the United States the judge pleads guilty or
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1 no contest or is found guilty of a crime punishable as a
2 felony under Illinois or federal law or of any other crime
3 that involves moral turpitude. If the conviction is
4 reversed, the suspension of the judge shall terminate and the
5 judge shall be paid the salary for the judicial office held
6 by him or her for the period of suspension. If the judge is
7 suspended and the conviction becomes final, the Commission
8 shall remove the judge from office.
9 The Commission may retire a judge for disability that
10 seriously interferes with the performance of the judge's
11 duties and is or is likely to become permanent. The
12 Commission may censure a judge or former judge or remove a
13 judge for action occurring not more than five years before
14 the commencement of the judge's current term, or of the
15 former judge's last term, that constitutes willful misconduct
16 in office, persistent failure or inability to perform the
17 judge's duties, habitual intemperance in the use of
18 intoxicants or drugs, or conduct prejudicial to the
19 administration of justice that brings the judicial office
20 into disrepute. The Commission may publicly or privately
21 admonish a judge or former judge found to have engaged in
22 improper action or dereliction of duty. The Commission may
23 bar a former judge who has been censured from receiving an
24 assignment, appointment, or reference of work from any
25 Illinois State court.
26 Upon petition by the judge or former judge, the Supreme
27 Court may, in its discretion, grant review of the
28 determination by the Commission to retire, remove, censure,
29 admonish, or disqualify a judge or former judge. When the
30 Supreme Court reviews a determination of the Commission, it
31 may make an independent review of the record, but if the
32 Supreme Court has not acted within 90 days after granting the
33 petition, the decision of the Commission shall be final.
34 If the Commission removes a judge, that judge shall be
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1 ineligible for judicial office and shall be ineligible to
2 receive an assignment, appointment, or reference of work from
3 any Illinois State court, and, pending further order of the
4 Supreme Court, shall be deemed suspended from practicing law
5 in the State of Illinois. The agency of the Supreme Court
6 that has administrative supervision over disciplinary
7 proceedings affecting lawyers may institute appropriate
8 attorney disciplinary proceedings against any judge who
9 retires or resigns from office while judicial disciplinary
10 charges are pending.
11 If the Commission admonishes or censures a Justice or
12 former Justice of the Illinois Supreme Court or removes or
13 retires a Justice of the Illinois Supreme Court, the
14 determination of the Commission shall be reviewed by a
15 tribunal of seven elected judges of the Appellate Court,
16 selected by lot.
17 The Supreme Court shall have sole jurisdiction in a civil
18 action or other legal proceeding of any kind brought against
19 the Commission by a judge. Any request for injunctive relief
20 or any other provisional remedy shall be granted or denied
21 within 90 days after the judge files the request for relief.
22 Absolute immunity shall be granted to members of the
23 Commission, the Commission staff, and any examiners and
24 investigators employed by the Commission from suit for all
25 conduct at any time in the course of their official duties.
26 No civil action may be maintained against a person nor may
27 any adverse employment action be taken against a person by
28 any public or private employer based on statements presented
29 by the person to the Commission.
30 The Commission shall adopt rules setting forth standards
31 under which investigations and investigatory proceedings
32 shall be public and when they shall be confidential. When the
33 Commission institutes formal proceedings, the notice of
34 charges, the answer, and all subsequent papers and
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1 proceedings shall be open to the public. The Commission may
2 make explanatory statements. The Supreme Court shall
3 continue to make rules for the conduct of judges, both on and
4 off the bench, and for judicial candidates in the conduct of
5 their campaigns.
6 Upon request, the Commission shall provide, to the
7 Governor of any state of the United States, the text of any
8 private admonishment, advisory letter, or other disciplinary
9 action, together with any information that the Commission
10 deems necessary to a full understanding of the Commission's
11 action, with respect to any applicant whom the Governor
12 states is under consideration for any judicial appointment.
13 The Commission shall provide to the President of the
14 United States or his or her designee the text of any private
15 admonishment, advisory letter, or other disciplinary action
16 together with any information that the Commission deems
17 necessary to a full understanding of the Commission's action
18 with respect to any applicant the President indicates is
19 under consideration for any federal judicial appointment.
20 The Commission shall divide itself into a hearing panel
21 of nine members and an investigative panel of three members.
22 Hearing and investigative panels shall consist of equal
23 members of members from each category of membership; however,
24 membership on the panels may rotate in a manner determined by
25 the Commission, and no member shall sit on both the hearing
26 panel and investigative panel for the same proceeding. The
27 Commission shall set the schedule as to when the panels shall
28 meet, and the full Commission shall also meet periodically to
29 consider general administrative matters. Meetings of the
30 Commission, other than regularly scheduled meetings, may be
31 called by the chair upon the written request of three members
32 of the Commission.
33 A quorum shall be seven members of the full Commission,
34 five members of a hearing panel, and two members of an
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1 investigative panel. However, a quorum of the Commission or
2 any panel must include one member from each category of
3 membership. The Commission shall provide for the appointment
4 of alternate members when necessary to fulfill the quorum
5 requirements.
6 The Commission shall adopt rules of procedure for matters
7 concerning discipline and incapacity, and shall propose
8 amendments to the Supreme Court Rules governing judicial
9 conduct. The Commission shall appoint both a disciplinary
10 counsel and a Commission counsel.
11 An investigative panel shall review the recommendations
12 of disciplinary counsel after preliminary investigation and
13 either authorize a full investigation or dismiss the
14 complaint. An investigative panel may also review the
15 recommendations of disciplinary counsel after full
16 investigation and approve, disapprove, or modify the
17 recommendations.
18 A hearing panel shall rule on pre-hearing motions,
19 conduct hearings on formal charges, and make findings,
20 conclusions, and recommendations to the full Commission for
21 sanctions or to dismiss the case. A hearing panel may appoint
22 a hearing officer or a subpanel of the hearing panel to
23 conduct a hearing in appropriate cases. The hearing officer
24 or subpanel shall make findings of fact and submit a report
25 to the full hearing panel. The disciplinary counsel and the
26 respondent judge shall be given an opportunity to make final
27 objections. The hearing panel shall then review the report
28 and record and make its findings, conclusions, and
29 recommendations to the full Commission regarding the
30 disposition of the matter.
31 Disciplinary counsel shall be appointed by the Commission
32 for a term of six years, and shall be eligible for
33 reappointment. Full-time disciplinary counsel may not
34 otherwise engage in the practice of law or serve in a
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1 judicial capacity. Disciplinary counsel shall receive and
2 screen complaints, refer complaints to other agencies when
3 appropriate, conduct preliminary investigations, recommend to
4 an investigative panel of the Commission and upon
5 authorization conduct full investigations, notify
6 complainants about the status and disposition of their
7 complaints, and make recommendations to an investigative
8 panel on the disposition of complaints after full
9 investigation. Disciplinary counsel shall file formal
10 charges when directed to do so by an investigative panel, and
11 shall prosecute the formal charges and file notices of
12 exceptions to the findings, conclusions, recommendations for
13 sanctions, or orders of dismissal of hearing panels.
14 The Commission shall appoint a Commission counsel. The
15 Commission counsel shall advise the hearing panel during its
16 deliberations and draft decisions, orders, reports, and other
17 documents on behalf of the hearing panel, employ and
18 supervise other staff necessary to the performance of the
19 Commission's duties, assist the Commission in providing the
20 support necessary to the efficient functioning of the hearing
21 process, and perform other duties assigned by the Commission.
22 In any hearing regarding charges of misconduct and
23 grounds for transfer to and from incapacity inactive status,
24 the standard of proof shall be clear and convincing evidence.
25 The burden of proof in all proceedings seeking transfer from
26 incapacity or inactive status shall be on the judge. The
27 rules of evidence applicable to non-jury civil proceedings
28 and the rules of formal procedure shall apply in judicial
29 discipline and incapacity cases. The judge shall be entitled
30 to retain counsel and to have the assistance of counsel at
31 every stage of the proceedings.
32 Before the filing and service of formal charges with the
33 hearing panel, all proceedings shall be confidential. Once
34 formal charges have been filed and served upon the judge, all
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1 proceedings shall be public, except incapacity proceedings.
2 Before the filing and service of formal charges, all
3 information relating to a complaint that has not been
4 dismissed shall be held confidential by the Commission and by
5 its staff, except that the Commission may disclose
6 information when the Commission has determined that there is
7 a need to notify another person to protect that person or to
8 notify a government agency to protect the public or the
9 administration of justice, or upon a waiver in writing by the
10 judge. All information relating to a complaint that has been
11 dismissed without formal charges being filed shall be held
12 confidential by the Commission and disciplinary counsel and
13 its staffs. Rules shall provide for service upon the judge
14 of formal charges in person or by registered or certified
15 mail, the Commission shall maintain subpoena power and the
16 authority to enforce subpoenas. There shall be written
17 acknowledgement of every complaint, if the complainant is
18 known, and the complainant shall be notified in writing of
19 the final disposition of a proceeding. The notification
20 shall be mailed within ten days of the order disposing of the
21 proceeding.
22 When disciplinary counsel believes there is evidence
23 supporting the allegations against a judge, he or she shall
24 recommend to the investigative panel of the Commission
25 assigned to the case that the panel authorize a full
26 investigation. The investigative panel shall review
27 disciplinary counsel's recommendation and either dismiss the
28 complaint or authorize a full investigation. Within 10 days
29 after the investigative panel authorizes a full
30 investigation, disciplinary counsel shall give a detailed
31 notice to the judge. This notice shall contain a specific
32 statement of the allegations being investigated and the
33 canons or rules allegedly violated, with the provision that
34 the investigation may be expanded if appropriate. The notice
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1 shall also inform the judge of the duty to respond and that
2 the judge has an opportunity to meet with disciplinary
3 counsel. The notice shall also afford the judge the name of
4 the complainant unless the investigative panel determines
5 that there is good cause to withhold that information.
6 Disciplinary counsel may request that the judge file a
7 written response within 30 days after service of the notice.
8 Upon the conclusion of the full investigation,
9 disciplinary counsel may recommend to the investigative panel
10 that there be dismissal, private admonition or a deferred
11 discipline agreement, the filing of formal charges, the
12 filing of a petition for transfer to incapacity inactive
13 status, referral to an appropriate agency, or a stay. The
14 investigative panel may adopt, reject, or modify the
15 recommendations of disciplinary counsel. If the
16 investigative panel imposes a private admonition, the panel
17 shall condition the private admonition upon the judge's
18 execution of a waiver of the right to a hearing. The waiver
19 shall bar the judge from objecting to the use at any
20 subsequent proceeding against the judge of the findings that
21 are the basis of the admonition. The private admonition
22 shall be in writing.
23 The Commission shall adopt rules providing for the
24 contents of formal charges, the necessity of a written answer
25 to be filed by the respondent, discovery, agreements
26 regarding sanctions, and the conduct of public hearings.
27 (c) The Judicial Inquiry Board and the Courts Commission
28 are abolished. Any matter filed with or pending before the
29 Judicial Inquiry Board or the Courts Commission and any
30 pending impeachment investigation or proceeding against a
31 judge shall be transferred to the Judicial Discipline and
32 Incapacity Commission for appropriate action.
33 (b) A Judicial Inquiry Board is created. The Supreme
34 Court shall select two Circuit Judges as members and the
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1 Governor shall appoint four persons who are not lawyers and
2 three lawyers as members of the Board. No more than two of
3 the lawyers and two of the non-lawyers appointed by the
4 Governor shall be members of the same political party. The
5 terms of Board members shall be four years. A vacancy on the
6 Board shall be filled for a full term in the manner the
7 original appointment was made. No member may serve on the
8 Board more than eight years.
9 (c) The Board shall be convened permanently, with
10 authority to conduct investigations, receive or initiate
11 complaints concerning a Judge or Associate Judge, and file
12 complaints with the Courts Commission. The Board shall not
13 file a complaint unless five members believe that a
14 reasonable basis exists (1) to charge the Judge or Associate
15 Judge with willful misconduct in office, persistent failure
16 to perform his duties, or other conduct that is prejudicial
17 to the administration of justice or that brings the judicial
18 office into disrepute, or (2) to charge that the Judge or
19 Associate Judge is physically or mentally unable to perform
20 his duties. All proceedings of the Board shall be
21 confidential except the filing of a complaint with the Courts
22 Commission. The Board shall prosecute the complaint.
23 (d) The Board shall adopt rules governing its
24 procedures. It shall have subpoena power and authority to
25 appoint and direct its staff. Members of the Board who are
26 not Judges shall receive per diem compensation and necessary
27 expenses; members who are Judges shall receive necessary
28 expenses only. The General Assembly by law shall appropriate
29 funds for the operation of the Board.
30 (e) A Courts Commission is created consisting of one
31 Supreme Court Judge selected by that Court, who shall be its
32 chairman, two Appellate Court Judges selected by that Court,
33 and two Circuit Judges selected by the Supreme Court. The
34 Commission shall be convened permanently to hear complaints
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1 filed by the Judicial Inquiry Board. The Commission shall
2 have authority after notice and public hearing, (1) to remove
3 from office, suspend without pay, censure or reprimand a
4 Judge or Associate Judge for willful misconduct in office,
5 persistent failure to perform his duties, or other conduct
6 that is prejudicial to the administration of justice or that
7 brings the judicial office into disrepute, or (2) to suspend,
8 with or without pay, or retire a Judge or Associate Judge who
9 is physically or mentally unable to perform his duties.
10 (d) (f) The concurrence of three members of the
11 Commission shall be necessary for a decision. The decision
12 of the Commission shall be final.
13 (e) (g) The Commission shall adopt rules governing its
14 procedures and shall have power to issue subpoenas. The
15 General Assembly shall provide by law for the expenses of the
16 Commission.
17 (Source: Illinois Constitution.)
18 SCHEDULE
19 This Constitutional Amendment takes effect upon approval
20 by the electors of this State.