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91_HC0022
LRB9113404RCpk
1 HOUSE JOINT RESOLUTION
2 CONSTITUTIONAL AMENDMENT
3 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
4 NINETY-FIRST 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 12
9 of and to add Section 12.1 to Article VI of the Illinois
10 Constitution as follows:
11 ARTICLE VI
12 THE JUDICIARY
13 (ILCON Art. VI, Sec. 12)
14 SECTION 12. ELECTION AND RETENTION
15 (a) Supreme, Appellate and Circuit Judges shall be
16 nominated at primary elections or by petition. Judges shall
17 be elected at general or judicial elections as the General
18 Assembly shall provide by law. A person eligible for the
19 office of Judge may cause his name to appear on the ballot as
20 a candidate for Judge at the primary and at the general or
21 judicial elections by submitting petitions. The General
22 Assembly shall prescribe by law the requirements for
23 petitions.
24 (b) The office of a Judge shall be vacant upon his
25 death, resignation, retirement, removal, or upon the
26 conclusion of his term without retention in office. Whenever
27 an additional Appellate or Circuit Judge is authorized by
28 law, the office shall be filled in the manner provided for
29 filling a vacancy in that office.
30 (c) A vacancy occurring in the office of Supreme,
31 Appellate or Circuit Judge shall be filled as the General
32 Assembly may provide by law. In the absence of a law,
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1 vacancies may be filled by appointment by the Supreme Court.
2 A person appointed to fill a vacancy 60 or more days prior to
3 the next primary election to nominate Judges shall serve
4 until the vacancy is filled for a term at the next general or
5 judicial election. A person appointed to fill a vacancy less
6 than 60 days prior to the next primary election to nominate
7 Judges shall serve until the vacancy is filled at the second
8 general or judicial election following such appointment.
9 (d) Not less than six months before the general election
10 preceding the expiration of his term of office, a Supreme,
11 Appellate or Circuit Judge who has been elected to that
12 office may file in the office of the Secretary of State a
13 declaration of candidacy to succeed himself. The Secretary of
14 State, not less than 63 days before the election, shall
15 certify the Judge's candidacy to the proper election
16 officials. The names of Judges seeking retention shall be
17 submitted to the electors, separately and without party
18 designation, on the sole question whether each Judge shall be
19 retained in office for another term. The retention elections
20 shall be conducted at general elections in the appropriate
21 Judicial District, for Supreme and Appellate Judges, and in
22 the circuit for Circuit Judges. The affirmative vote of
23 three-fifths of the electors voting on the question shall
24 elect the Judge to the office for a term commencing on the
25 first Monday in December following his election.
26 (e) A law reducing the number of Appellate or Circuit
27 Judges shall be without prejudice to the right of the Judges
28 affected to seek retention in office. A reduction shall
29 become effective when a vacancy occurs in the affected unit.
30 (Source: Illinois Constitution.)
31 (ILCON Art. VI, Sec. 12.1 new)
32 SECTION 12.1. JUDICIAL RETENTION PROCEDURES
33 (a) There shall be a Judicial Retention Commission in
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1 each Judicial District to determine qualifications for
2 retention of Judges of the Supreme and Appellate Courts for
3 each District and a separate Judicial Retention Commission to
4 determine qualifications for retention of Circuit Judges for
5 each Circuit. A combined Judicial Retention Commission shall
6 be impaneled to consider the qualifications of judges seeking
7 retention in the First Judicial District and the Cook County
8 Circuit. If more than 40 Judges in a Circuit, or in Cook
9 County in the combined District and Circuit, have filed
10 declarations of candidacy for retention under this Section,
11 one or more additional Judicial Retention Commissions shall
12 be impaneled so that not more than 40 Judges are assigned to
13 a single Judicial Retention Commission. When more than one
14 Commission is impaneled in a Circuit or in a combined
15 District and Circuit, the Administrative Director of the
16 Illinois Courts shall divide the candidates for retention by
17 lot into equal groups or groups that are as close to equal as
18 possible and shall by lot designate the groups for assignment
19 to each Judicial Retention Commission.
20 (b) Each Judicial Retention Commission shall consist of
21 11 members. Six members shall be non-lawyers and 5 members
22 shall be lawyers. All members shall be residents of the
23 appropriate District or Circuit.
24 (c) Two non-lawyer members of each Judicial Retention
25 Commission shall be appointed by the Governor and 2
26 non-lawyer members shall be appointed by the State official
27 or officer first in the order indicated who was elected to
28 office and is not affiliated with the same political party as
29 the Governor: the Attorney General, the Secretary of State,
30 the Comptroller, the Treasurer, the President of the Senate,
31 the Speaker of the House of Representatives. If all of those
32 State officials and officers are affiliated with the same
33 political party as the Governor, one non-lawyer member shall
34 be appointed by the Minority Leader of the Senate and one
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1 non-lawyer member shall be appointed by the Minority Leader
2 of the House of Representatives. If there is a vacancy in a
3 position for which the original appointment was made under
4 this subsection (c), a successor non-lawyer member shall be
5 appointed by the same person who appointed the predecessor
6 non-lawyer member if that person's office and political
7 party affiliation have not changed since the predecessor
8 non-lawyer member was appointed. If that person's office
9 or political party affiliation have changed since the
10 predecessor non-lawyer member was appointed, the successor
11 non-lawyer member shall be appointed: (i) by the Governor if
12 the Governor is affiliated with the same political party as
13 the predecessor non-lawyer member; or (ii) otherwise by the
14 State official or officer first in the order indicated in
15 this subsection (c) who was elected to office and is not
16 affiliated with the same political party as the Governor.
17 (d) If a Circuit or a District comprises a single
18 county, one non-lawyer member of each Judicial Retention
19 Commission shall be appointed by the county board chairman
20 and one non-lawyer member shall be appointed by the county
21 board member with the longest service on the county board who
22 is not affiliated with the same political party as the
23 chairman. If 2 or more county board members who are not
24 affiliated with the same political party as the chairman are
25 tied for the longest service, one of them shall be chosen by
26 lot to make the appointment. If the county board consists
27 only of members of the same political party, the county board
28 shall appoint 2 non-lawyer members of the Judicial Retention
29 Commission, but those appointees may not both be affiliated
30 with the same political party. If there is a vacancy in a
31 position for which the original appointment was made under
32 this subsection (d) and the county board does not consist
33 only of members of the same political party, a successor
34 non-lawyer member shall be appointed by the same person who
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1 appointed the predecessor non-lawyer member if that person's
2 office and political party affiliation have not changed
3 since the predecessor non-lawyer member was appointed. If
4 that person's office or political party affiliation have
5 changed since the predecessor non-lawyer member was
6 appointed, the successor non-lawyer member shall be
7 appointed: (i) by the county board chairman if the county
8 board chairman is affiliated with the same political party
9 as the predecessor non-lawyer member; or (ii) otherwise by
10 the county board member with the longest service on the
11 county board as determined under this subsection (d) who is
12 not affiliated with the same political party as the chairman.
13 If there is a vacancy in a position for which the original
14 appointment was made under this subsection (d) and the
15 county board consists only of members of the same political
16 party, the county board shall appoint a successor non-lawyer
17 member and the member appointed may not be affiliated with
18 the same political party as the other non-lawyer member
19 appointed under this subsection (d).
20 (e) If a Circuit or a District is comprised of more than
21 a single county, the chairmen of the county boards within
22 that Circuit or District shall select 2 non-lawyer members of
23 the Judicial Retention Commission, but both of those
24 appointees may not be affiliated with the same political
25 party. If there is a vacancy in a position for which the
26 original appointment was made under this subsection (e), the
27 vacancy shall be filled by the county board chairmen, and the
28 member appointed may not be affiliated with the same
29 political party as the other non-lawyer member appointed
30 under this subsection (e).
31 (f) If any official, group of officials, or body fails
32 to appoint a non-lawyer member to a Judicial Retention
33 Commission or fill a vacancy, the Supreme Court shall make
34 the appointment or fill the vacancy. When a Judge of the
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1 Supreme Court is seeking retention, he or she shall not
2 participate in the appointment of any member of his or her
3 District's Judicial Retention Commission under this
4 subsection (f) or under subsection (h).
5 (g) For purposes of filling a non-lawyer vacancy on a
6 Judicial Retention Commission under this Section, the
7 political affiliation of the predecessor non-lawyer member
8 shall be deemed to be his or her political affiliation at
9 the time of his or her appointment.
10 (h) The lawyer members of each Judicial Retention
11 Commission shall be selected by secret ballot, without
12 political party or other designation, by the lawyers who are
13 admitted to practice in Illinois and who reside in the
14 appropriate District or Circuit, in a manner provided by
15 Supreme Court Rule. The lawyer members of the Judicial
16 Retention Commission shall be admitted to practice in
17 Illinois and reside in the appropriate District or Circuit.
18 If an inadequate number of lawyers is selected in the manner
19 set forth in this Section, the Supreme Court shall appoint
20 the other lawyer members. If there is a vacancy in a position
21 for which the original appointment was made under this
22 subsection (h), the currently eligible lawyer who was not
23 selected in the most recent election held under this
24 subsection (h) in the appropriate District or Circuit but who
25 received more votes than the other currently eligible lawyers
26 who were not selected shall be appointed; however, if no
27 lawyer is eligible to fill a vacancy in this manner, the
28 Supreme Court shall appoint a lawyer to fill the vacancy.
29 (i) To ensure racial diversity in any District or
30 Circuit where African-Americans, Asian-Americans, or
31 Hispanic-Americans exceed 3% of the population and are not
32 represented on a Judicial Retention Commission, the Supreme
33 Court shall appoint a lawyer-member from the listed racial
34 group that exceeds 3% of the population so that that group
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1 has no less than one member on that Commission.
2 (j) The term of each member of a Judicial Retention
3 Commission shall begin 8 months before the general election
4 in each year in which a general election is held, and shall
5 expire on the first Monday in November of the same year.
6 Appointments and elections to a Judicial Retention Commission
7 may not take place earlier than 45 days before the term is to
8 commence. A member appointed to fill a vacancy shall serve
9 for the unexpired portion of the term.
10 (k) The chairman of each Judicial Retention Commission
11 shall be selected by its members.
12 (l) Any person who holds any office under the United
13 States or this State or any political subdivision or unit of
14 local government of this State and receives compensation for
15 services rendered in that office, or who holds any office or
16 official position in a political party, is ineligible to
17 serve on a Judicial Retention Commission. Compensation for
18 service in the State militia or the armed services of the
19 United States for a period of time as determined by Supreme
20 Court Rule is not a disqualification to service on a Judicial
21 Retention Commission.
22 (m) Members of a Judicial Retention Commission may not
23 serve consecutive terms on a Commission. No person may serve
24 on more than one Judicial Retention Commission at the same
25 time.
26 (n) All members of a Judicial Retention Commission are
27 subject to ethics and economic disclosure requirements as
28 provided by law, and lawyer members are subject to campaign
29 financing disclosure requirements as provided by law.
30 (o) Not less than 10 months before the general election
31 next preceding the expiration of his or her term of office, a
32 Supreme, Appellate, or Circuit Judge who has been elected to
33 that office may file in the office of the Secretary of State
34 a declaration of candidacy for retention in that office. The
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1 Secretary of State shall, within 14 days of receipt of the
2 declaration of candidacy, submit the Judge's name to the
3 Administrative Director of the Illinois Courts. The
4 Administrative Director of the Illinois Courts shall certify
5 the number of Judicial Retention Commissions that are
6 necessary. Not less than 7 and not more than 8 months before
7 the general election next preceding the expiration of the
8 term of office of the Judge, the Administrative Director of
9 the Illinois Courts shall notify the chairman of the
10 appropriate Judicial Retention Commission of the Judge's
11 candidacy. The chairman shall then promptly convene the
12 Commission.
13 (p) A Judicial Retention Commission may conduct
14 investigations, meetings, and hearings, all of which may be
15 confidential, and employ staff members as may be necessary to
16 perform its duties. Each Commission shall determine its own
17 rules, which shall be broadly disseminated and at a minimum
18 shall contain provisions affording judges seeking retention
19 the opportunity to appear before it and, when it finds that a
20 Judge is not qualified to serve another term, an opportunity
21 for rehearing. Members of Commissions may not receive any
22 compensation for their services but are entitled to
23 reimbursement for necessary expenses. The General Assembly
24 shall appropriate funds to the Supreme Court for expense
25 reimbursement and for all other administrative expenses of
26 the Commissions.
27 (q) If, by concurrence of not less than three-fifths of
28 its members, the Commission finds the candidate to be
29 qualified to serve another term, the candidate shall be
30 retained in office for a full term commencing on the first
31 Monday in December following the general election. The
32 standard for determining qualifications to serve another term
33 is that the person who by his or her character, background,
34 temperament, professional aptitude, experience, and
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1 commitment to justice is deemed by the Commission to be
2 qualified to be retained in office. Each qualified person
3 may be considered for retention by a Judicial Retention
4 Commission free from discrimination on the basis of race,
5 color, creed, national ancestry, or sex.
6 (r) Not less than 84 days before the election, the
7 Commission shall prepare and submit to each candidate its
8 finding as to whether the Commission finds or fails to find
9 that the candidate is qualified to serve another term. Not
10 less than 77 days before the election, the Commission shall
11 submit to the Secretary of State a list stating by name which
12 candidates: (i) it has found qualified to serve another term;
13 (ii) it has found to be not qualified; and (iii) have
14 withdrawn their candidacy by written notification to the
15 Commission.
16 (s) If a Judicial Retention Commission finds that a
17 Judge is not qualified for retention, the Judge has the right
18 to be informed of the reason or reasons for the finding.
19 That judge may stand for retention by the electorate at the
20 general election by filing in the office of the Secretary of
21 State, not less than 70 days before the election, a
22 declaration of candidacy for retention by the electorate. Not
23 less than 63 days before the election, the Secretary of State
24 shall certify the Judge's candidacy to the proper election
25 officials. When a Judge files a declaration of candidacy for
26 retention by the electorate, the reason or reasons for the
27 Commission's finding that the Judge is not qualified for
28 retention shall be made public by the Commission. At the
29 election, the name of each Judge who has timely filed a
30 declaration of candidacy for retention by the electorate
31 shall be submitted to the electors, separately and without
32 party designation, on the sole question of retention in
33 office for another term. Retention elections shall be
34 conducted at general elections in the appropriate Judicial
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1 Districts and Circuits. The affirmative vote of three-fifths
2 of the electors on the question of retention shall elect a
3 Judge to that office for a full term commencing on the first
4 Monday in December following the election.
5 (t) A Judge eligible to file a declaration of candidacy
6 for retention who fails to do so within the time specified in
7 this Section, or having filed, fails of retention, shall
8 vacate the office on the first Monday in December following
9 the election, whether or not a successor is qualified. If an
10 incumbent Judge, eligible to do so, does not timely file a
11 declaration of candidacy for retention, the selection of a
12 successor, if any, shall proceed in the manner provided in
13 Section 12.
14 (u) An authorized reduction in the number of Judges
15 shall be without prejudice to the right of Judges in office
16 at the time to seek retention in accordance with this
17 Section. The reduction shall become effective when a vacancy
18 occurs in the affected unit.
19 SCHEDULE
20 This Constitutional Amendment takes effect upon being
21 declared adopted in accordance with Section 7 of the Illinois
22 Constitutional Amendment Act.