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90_SC0052
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.
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1 SENATE JOINT RESOLUTION
2 CONSTITUTIONAL AMENDMENT
3 RESOLVED, BY THE SENATE OF THE NINETIETH GENERAL ASSEMBLY
4 OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES
5 CONCURRING HEREIN, that there shall be submitted to the
6 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
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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 as a member and one as an alternate, who shall be its
23 chairman, two Appellate Court Judges selected by that Court
24 as members and three as alternates, and two 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
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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 three members 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 governing its 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
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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 and shall 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.