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90_SC0052enr 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. LRB9011708REmb 90SC0052 Enrolled LRB9011708REmb 1 STATE OF ILLINOIS 2 NINETIETH GENERAL ASSEMBLY 3 SENATE 4 SENATE JOINT RESOLUTION NO. 52 5 CONSTITUTIONAL AMENDMENT 6 Offered by Senator Cronin and Senator Philip, President 7 of the Senate; and Senators Berman and Dillard. 8 RESOLVED, BY THE SENATE OF THE NINETIETH GENERAL ASSEMBLY 9 OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES 10 CONCURRING HEREIN, that there shall be submitted to the 11 electors of the State for adoption or rejection at the 12 general election next occurring at least 6 months after the 13 adoption of this resolution a proposition to amend Section 15 14 of Article VI of the Illinois Constitution as follows: 15 ARTICLE VI 16 THE JUDICIARY 17 (ILCON Art. VI, Sec. 15) 18 SECTION 15. RETIREMENT - DISCIPLINE 19 (a) The General Assembly may provide by law for the 20 retirement of Judges and Associate Judges at a prescribed 21 age. Any retired Judge or Associate Judge, with his or her 22 consent, may be assigned by the Supreme Court to judicial 23 service for which he or she shall receive the applicable 24 compensation in lieu of retirement benefits. A retired 25 Associate Judge may be assigned only as an Associate Judge. 26 (b) A Judicial Inquiry Board is created. The Supreme 27 Court shall select two Circuit Judges as members and the 28 Governor shall appoint four persons who are not lawyers and 29 three lawyers as members of the Board. No more than two of 30 the lawyers and two of the non-lawyers appointed by the 31 Governor shall be members of the same political party. The 32 terms of Board members shall be four years. A vacancy on the 33 Board shall be filled for a full term in the manner the 90SC0052 Enrolled -2- LRB9011708REmb 1 original appointment was made. No member may serve on the 2 Board more than eight years. 3 (c) The Board shall be convened permanently, with 4 authority to conduct investigations, receive or initiate 5 complaints concerning a Judge or Associate Judge, and file 6 complaints with the Courts Commission. The Board shall not 7 file a complaint unless five members believe that a 8 reasonable basis exists (1) to charge the Judge or Associate 9 Judge with willful misconduct in office, persistent failure 10 to perform his duties, or other conduct that is prejudicial 11 to the administration of justice or that brings the judicial 12 office into disrepute, or (2) to charge that the Judge or 13 Associate Judge is physically or mentally unable to perform 14 his duties. All proceedings of the Board shall be 15 confidential except the filing of a complaint with the Courts 16 Commission. The Board shall prosecute the complaint. 17 (d) The Board shall adopt rules governing its 18 procedures. It shall have subpoena power and authority to 19 appoint and direct its staff. Members of the Board who are 20 not Judges shall receive per diem compensation and necessary 21 expenses; members who are Judges shall receive necessary 22 expenses only. The General Assembly by law shall appropriate 23 funds for the operation of the Board. 24 (e) An independentACourts Commission is created 25 consisting of one Supreme Court Judge selected by that Court 26 as a member and one as an alternate,who shall be its27chairman,two Appellate Court Judges selected by that Court 28 as members and three as alternates,andtwo Circuit Judges 29 selected by the Supreme Court as members and three as 30 alternates, and two citizens selected by the Governor as 31 members and two as alternates. Members and alternates who are 32 Appellate Court Judges must each be from a different Judicial 33 District. Members and alternates who are Circuit Judges must 90SC0052 Enrolled -3- LRB9011708REmb 1 each be from a different Judicial District. Members and 2 alternates of the Commission shall not be members of the 3 Judicial Inquiry Board. The members of the Commission shall 4 select a chairperson to serve a two-year term. 5 The Commission shall be convened permanently to hear 6 complaints filed by the Judicial Inquiry Board. The 7 Commission shall have authority after notice and public 8 hearing, (1) to remove from office, suspend without pay, 9 censure or reprimand a Judge or Associate Judge for willful 10 misconduct in office, persistent failure to perform his or 11 her duties, or other conduct that is prejudicial to the 12 administration of justice or that brings the judicial office 13 into disrepute, or (2) to suspend, with or without pay, or 14 retire a Judge or Associate Judge who is physically or 15 mentally unable to perform his or her duties. 16 (f) The concurrence of fourthreemembers of the 17 Commission shall be necessary for a decision. The decision of 18 the Commission shall be final. 19 (g) The Commission shall adopt comprehensive rules to 20 ensure thatgoverningits procedures are fair and 21 appropriate. These rules and any amendments shall be public 22 and filed with the Secretary of State at least 30 days before 23 becoming effective. 24 (h) A member of the Commission shall disqualify himself 25 or herself, or the other members of the Commission shall 26 disqualify a member, with respect to any proceeding in which 27 disqualification or recusal would be required of a Judge 28 under rules of the Supreme Court, under rules of the 29 Commission, or by law. 30 If a Supreme Court Judge is the subject of a proceeding, 31 then there shall be no Supreme Court Judge sitting as a 32 member of the Commission with respect to that proceeding. 33 Instead, an alternate Appellate Court Judge not from the same 90SC0052 Enrolled -4- LRB9011708REmb 1 Judicial District as the subject Supreme Court Judge shall 2 replace the subject Supreme Court Judge. If a member who is 3 an Appellate Court Judge is the subject of a proceeding, then 4 an alternate Appellate Court Judge shall replace the subject 5 Appellate Court Judge. If an Appellate Court Judge who is not 6 a member is the subject of a proceeding and an Appellate 7 Court Judge from the same Judicial District is a member, then 8 an alternate Appellate Court Judge shall replace that member. 9 If a member who is a Circuit Judge is the subject of a 10 proceeding, then an alternate Circuit Judge shall replace the 11 subject Circuit Judge. If a Circuit Judge who is not a member 12 is the subject of a proceeding and a Circuit Judge from the 13 same Judicial District is a member, then an alternate Circuit 14 Judge shall replace that member. 15 If a member of the Commission is disqualified under this 16 Section with respect to any proceeding, that member shall be 17 replaced by an alternate on a rotating basis in a manner 18 provided by rule of the Commission. The alternate shall act 19 as member of the Commission with respect to that proceeding 20 only. 21 (i) The Commissionandshall have power to issue 22 subpoenas. 23 (j) Members and alternates of the Commission who are not 24 Judges shall receive per diem compensation and necessary 25 expenses; members and alternates who are Judges shall receive 26 necessary expenses only. The General Assembly shall provide 27 by law for the expenses and compensation of the Commission. 28 (Source: Illinois Constitution.) 29 SCHEDULE 30 This Constitutional Amendment takes effect upon approval 31 by the electors of this State. 32 Adopted by the Senate, April 2, 1998. 90SC0052 Enrolled -5- LRB9011708REmb 1 _______________________ 2 President of the Senate 3 _______________________ 4 Secretary of the Senate 5 Concurred in by the House of Representatives, April 29, 6 1998. 7 _________________________ 8 Speaker of House of 9 Representatives 10 _________________________ 11 Clerk of House of 12 Representatives