State of Illinois
90th General Assembly
Legislation

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[ Introduced ]

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  independent  A  Courts  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  its
27    chairman,  two  Appellate Court Judges selected by that Court
28    as members and three as alternates, and  two  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  four  three  members  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  that  governing   its   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  Commission  and  shall  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

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