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90_HC0020 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: one Supreme Court Judge appointed by that Court, 2 Appellate Court Judges appointed by that Court, 2 Circuit Judges appointed by the Supreme Court, and 2 citizens appointed by the Governor. Provides for alternates to serve if a member is disqualified. Requires the Commission to adopt comprehensive rules. Makes other changes. Effective upon approval of the electors. LRB9011727REmb LRB9011727REmb 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- LRB9011727REmb 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 as a member and one as an alternate, who shall be its23 chairman,two Appellate Court Judges selected by that Court 24 as members and three as alternates, andtwo Circuit Judges 25 selected by the Supreme Court as members and three as 26 alternates, and two citizens selected by the Governor as 27 members and two as alternates. Members and alternates who are 28 Appellate Court Judges must each be from a different Judicial 29 District. Members and alternates who are Circuit Judges must 30 each be from a different Judicial District. Members and 31 alternates of the Commission shall not be members of the 32 Judicial Inquiry Board. The members of the Commission shall 33 select a chairperson to serve a two-year term. 34 The Commission shall be convened permanently to hear -3- LRB9011727REmb 1 complaints filed by the Judicial Inquiry Board. The 2 Commission shall have authority after notice and public 3 hearing, (1) to remove from office, suspend without pay, 4 censure or reprimand a Judge or Associate Judge for willful 5 misconduct in office, persistent failure to perform his or 6 her duties, or other conduct that is prejudicial to the 7 administration of justice or that brings the judicial office 8 into disrepute, or (2) to suspend, with or without pay, or 9 retire a Judge or Associate Judge who is physically or 10 mentally unable to perform his or her duties. 11 (f) The concurrence of four threemembers of the 12 Commission shall be necessary for a decision. The decision of 13 the Commission shall be final. 14 (g) The Commission shall adopt comprehensive rules to 15 ensure that governingits procedures are fair and 16 appropriate. These rules and any amendments shall be public 17 and filed with the Secretary of State at least 30 days before 18 becoming effective. 19 (h) A member of the Commission shall disqualify himself 20 or herself, or the other members of the Commission shall 21 disqualify a member, with respect to any proceeding in which 22 disqualification or recusal would be required of a Judge 23 under rules of the Supreme Court, under rules of the 24 Commission, or by law. 25 If a Supreme Court Judge is the subject of a proceeding, 26 then there shall be no Supreme Court Judge sitting as a 27 member of the Commission with respect to that proceeding. 28 Instead, an alternate Appellate Court Judge not from the same 29 Judicial District as the subject Supreme Court Judge shall 30 replace the subject Supreme Court Judge. If a member who is 31 an Appellate Court Judge is the subject of a proceeding, then 32 an alternate Appellate Court Judge shall replace the subject 33 Appellate Court Judge. If an Appellate Court Judge who is not 34 a member is the subject of a proceeding and an Appellate -4- LRB9011727REmb 1 Court Judge from the same Judicial District is a member, then 2 an alternate Appellate Court Judge shall replace that member. 3 If a member who is a Circuit Judge is the subject of a 4 proceeding, then an alternate Circuit Judge shall replace the 5 subject Circuit Judge. If a Circuit Judge who is not a member 6 is the subject of a proceeding and a Circuit Judge from the 7 same Judicial District is a member, then an alternate Circuit 8 Judge shall replace that member. 9 If a member of the Commission is disqualified under this 10 Section with respect to any proceeding, that member shall be 11 replaced by an alternate on a rotating basis in a manner 12 provided by rule of the Commission. The alternate shall act 13 as member of the Commission with respect to that proceeding 14 only. 15 (i) The Commission andshall have power to issue 16 subpoenas. 17 (j) Members and alternates of the Commission who are not 18 Judges shall receive per diem compensation and necessary 19 expenses; members and alternates who are Judges shall receive 20 necessary expenses only. The General Assembly shall provide 21 by law for the expenses and compensation of the Commission. 22 (Source: Illinois Constitution.) 23 SCHEDULE 24 This Constitutional Amendment takes effect upon approval 25 by the electors of this State.
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