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[ Engrossed ] | [ House Amendment 001 ] |
92_HB0829 LRB9206321DJgc 1 AN ACT concerning courts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Circuit Courts Act is amended by changing 5 Sections 2 and 2f as follows: 6 (705 ILCS 35/2) (from Ch. 37, par. 72.2) 7 Sec. 2. Circuit judges shall be elected at the general 8 elections and for terms as provided in Article VI of the 9 Illinois Constitution. Ninety-four circuit judges shall be 10 elected in the Circuit of Cook County prior to the effective 11 date of this amendatory Act of the 92nd General Assembly, and 12 for each vacancy that exists on or occurs on or after the 13 effective date of this amendatory Act of the 92nd General 14 Assembly, that number shall be reduced by one until the 94 15 circuit judges are reduced by 45, and 3 circuit judges shall 16 be elected in each of the other circuits, but in circuits 17 other than Cook County containing a population of 230,000 or 18 more inhabitants and in which there is included a county 19 containing a population of 200,000 or more inhabitants, or in 20 circuits other than Cook County containing a population of 21 270,000 or more inhabitants, according to the last preceding 22 federal census and in the circuit where the seat of State 23 government is situated at the time fixed by law for the 24 nomination of judges of the Circuit Court in such circuit and 25 in any circuit which meets the requirements set out in 26 Section 2a of this Act, 4 circuit judges shall be elected in 27 the manner provided by law. In circuits other than Cook 28 County in which each county in the circuit has a population 29 of 475,000 or more, 4 circuit judges shall be elected in 30 addition to the 4 circuit judges provided for in this 31 Section. In any circuit composed of 2 counties having a -2- LRB9206321DJgc 1 total population of 350,000 or more, one circuit judge shall 2 be elected in addition to the 4 circuit judges provided for 3 in this Section. The several judges of the circuit courts of 4 this State, before entering upon the duties of their office, 5 shall take and subscribe the following oath or affirmation, 6 which shall be filed in the office of the Secretary of State: 7 "I do solemnly swear (or affirm, as the case may be) that 8 I will support the constitution of the United States, and the 9 constitution of the State of Illinois, and that I will 10 faithfully discharge the duties of judge of.... court, 11 according to the best of my ability." 12 One of the 3 additional circuit judgeships authorized by 13 this amendatory Act in circuits other than Cook County in 14 which each county in the circuit has a population of 475,000 15 or more may be filled when this Act becomes law. The 2 16 remaining circuit judgeships in such circuits shall not be 17 filled until on or after July 1, 1977. 18 (Source: P.A. 86-786; 86-1478.) 19 (705 ILCS 35/2f) (from Ch. 37, par. 72.2f) 20 Sec. 2f. (a) The Circuit of Cook County shall be divided 21 into 15 units to be known as subcircuits. The subcircuits 22 shall be compact, contiguous, and substantially equal in 23 population. The General Assembly shall create the 24 subcircuits by law on or before July 1, 1991, using 25 population data as determined by the 1990 Federal census. 26 (b) The 255165resident judges to be elected from the 27 Circuit of Cook County shall be determined under paragraph 28 (4) of subsection (a) of Section 2 of the Judicial Vacancies 29 Act. 30 (c) The Supreme Court shall allot (i) the additional 31 resident judgeships provided by paragraph (4) of subsection 32 (a) of Section 2 of the Judicial Vacancies Act and (ii) all 33 vacancies in resident judgeships existing on or occurring on -3- LRB9206321DJgc 1 or after February 15, 1991the effective date of this2amendatory Act of 1990, with respect to the other resident 3 judgeships of the Circuit of Cook County, for election from 4 the various subcircuits until there are 1711resident judges 5 to be elected from each of the 15 subcircuits (for a total of 6 255165). A resident judgeship authorized before February 7 15, 1991the effective date of this amendatory Act of 19908 that became vacant and was filled by appointment by the 9 Supreme Court before February 5, 1991that effective date10 shall be filled by election at the general election in 11 November of 1992 from the unit of the Circuit of Cook County 12 within Chicago or the unit of that Circuit outside Chicago, 13 as the case may be, in which the vacancy occurred. 14 (d) As soon as practicable after the subcircuits are 15 created by law, the Supreme Court shall determine by lot a 16 numerical order for the 15 subcircuits. That numerical order 17 shall be the basis for the order in which resident judgeships 18 are assigned to the subcircuits. After the first round of 19 assignments, the second and all later rounds shall be based 20 on the same numerical order. Once a resident judgeship is 21 assigned to a subcircuit, it shall continue to be assigned to 22 that subcircuit for all purposes. 23 (e) A resident judge elected from a subcircuit shall 24 continue to reside in that subcircuit as long as he or she 25 holds that office. 26 (Source: P.A. 86-1478.) 27 Section 10. The Judicial Vacancies Act is amended by 28 changing Section 2 as follows: 29 (705 ILCS 40/2) (from Ch. 37, par. 72.42) 30 Sec. 2. (a) Except as provided in paragraphs (1), (2), 31 (3) and (4) of this subsection (a), vacancies in the office 32 of a resident circuit judge in any county or in any unit or -4- LRB9206321DJgc 1 subcircuit of any circuit shall not be filled. 2 (1) If in any county of less than 45,000 3 inhabitants there remains in office no other resident 4 judge following the occurrence of a vacancy, such vacancy 5 shall be filled. 6 (2) If in any county of 45,000 or more but less 7 than 60,000 inhabitants there remains in office only one 8 resident judge following the occurrence of a vacancy, 9 such vacancy shall be filled. 10 (3) If in any county of 60,000 or more inhabitants, 11 other than the County of Cook, there remain in office no 12 more than 2 resident judges following the occurrence of a 13 vacancy, such vacancy shall be filled. 14 (4) The County of Cook shall have 255165resident 15 judges on and after the effective date of this amendatory 16 Act of the 92nd General Assembly1990. Of those resident 17 judgeships, (i) 56 shall be those authorized before 18 February 15, 1991the effective date of this amendatory19Act of 1990from the unit of the Circuit of Cook County 20 within Chicago, (ii) 27 shall be those authorized before 21 February 15, 1991the effective date of this amendatory22Act of 1990from the unit of the Circuit of Cook County 23 outside Chicago, (iii) 12 shall be additional resident 24 judgeships first elected at the general election in 25 November of 1992, (iv) 10 shall be additional resident 26 judgeships first elected at the general election in 27 November of 1994,and(v) 60 shall be additional resident 28 judgeships to be authorized one each for each reduction 29 upon vacancy in the office of associate judge in the 30 Circuit of Cook County as those vacancies exist or occur 31 on and after February 15, 1991,the effective date of32this amendatory Act of 1990and as those vacancies are 33 determined under subsection (b) of Section 2 of the 34 Associate Judges Act until the total resident judgeships -5- LRB9206321DJgc 1 authorized under this item (v) is 60, (vi) 45 shall be 2 additional resident judgeships to be authorized one each 3 for each reduction upon vacancy in the office of 4 associate judge in the Circuit of Cook County as those 5 vacancies exist or occur on and after the effective date 6 of this amendatory Act of the 92nd General Assembly and 7 as those vacancies are determined under subsection (b) of 8 Section 2 of the Associate Judges Act until the total 9 resident judgeships authorized under this item (vi) is 10 45, and (vii) 45 shall be additional resident judgeships 11 to be authorized one each for each reduction upon vacancy 12 in the office of circuit judge in the Circuit of Cook 13 County as those vacancies exist or occur on and after the 14 effective date of this amendatory Act of the 92nd General 15 Assembly and as those vacancies are determined under 16 Section 2 of the Circuit Courts Act until the total 17 resident judgeships authorized under this item (vii) is 18 45. Seven of the 12 additional resident judgeships 19 provided in item (iii) may be filled by appointment by 20 the Supreme Court during the period beginning on February 21 15, 1991the effective date of this amendatory Act of221990and ending 60 days before the primary election in 23 March of 1992; those judicial appointees shall serve 24 until the first Monday in December of 1992. Five of the 25 12 additional resident judgeships provided in item (iii) 26 may be filled by appointment by the Supreme Court during 27 the period beginning July 1, 1991 and ending 60 days 28 before the primary election in March of 1992; those 29 judicial appointees shall serve until the first Monday in 30 December of 1992. Five of the 10 additional resident 31 judgeships provided in item (iv) may be filled by 32 appointment by the Supreme Court during the period 33 beginning July 1, 1992 and ending 60 days before the 34 primary election in March of 1994; those judicial -6- LRB9206321DJgc 1 appointees shall serve until the first Monday in December 2 of 1994. The remaining 5 of the 10 additional resident 3 judgeships provided in item (iv) may be filled by 4 appointment by the Supreme Court during the period 5 beginning July 1, 1993 and ending 60 days before the 6 primary election in March of 1994; those judicial 7 appointees shall serve until the first Monday in December 8 1994. The additional resident judgeships created upon 9 vacancy in the office of associate judge provided in item 10 (v) may be filled by appointment by the Supreme Court 11 beginning on February 15, 1991, and the additional 12 resident judgeships created upon vacancy in the office of 13 associate judge provided in item (vi) and in the office 14 of the circuit judge provided in item (vii) may be filled 15 by appointment by the Supreme Court beginning on the 16 effective date of this amendatory Act of the 92nd General 17 Assemblythe effective date of this amendatory Act of181990; but no additional resident judgeships created upon 19 vacancy in the office of associate judge provided in item 20 (v) shall be filled during the 59 day period before the 21 next primary election to nominate judges. The Circuit of 22 Cook County shall be divided into units to be known as 23 subcircuits as provided in Section 2f of the Circuit 24 Courts Act. A vacancy in the office of resident judge of 25 the Circuit of Cook County existing on or occurring on or 26 after February 15, 1991the effective date of this27amendatory Act of 1990, but before the date the 28 subcircuits are created by law, shall be filled by 29 appointment by the Supreme Court from the unit within 30 Chicago or the unit outside Chicago, as the case may be, 31 in which the vacancy occurs and filled by election from 32 the subcircuit to which it is allotted under Section 2f 33 of the Circuit Courts Act. A vacancy in the office of 34 resident judge of the Circuit of Cook County existing on -7- LRB9206321DJgc 1 or occurring on or after the date the subcircuits are 2 created by law shall be filled by appointment by the 3 Supreme Court and by election from the subcircuit to 4 which it is allotted under Section 2f of the Circuit 5 Courts Act. 6 (b) Nothing in paragraphs (2) or (3) of subsection (a) 7 of this Section shall be construed to require or permit in 8 any county a greater number of resident judges than there 9 were resident associate judges on January 1, 1967. 10 (c) Vacancies authorized to be filled by this Section 2 11 shall be filled in the manner provided in Article VI of the 12 Constitution. 13 (d) A person appointed to fill a vacancy in the office 14 of circuit judge shall be, at the time of appointment, a 15 resident of the subcircuit from which the person whose 16 vacancy is being filled was elected if the vacancy occurred 17 in Cook County. If a vacancy in the office of circuit judge 18 occurred in a circuit other than Cook County, a person 19 appointed to fill the vacancy shall be, at the time of 20 appointment, a resident of the circuit from which the person 21 whose vacancy is being filled was elected. If a vacancy 22 occurred in the office of a resident circuit judge, a person 23 appointed to fill the vacancy shall be, at the time of 24 appointment, a resident of the county from which the person 25 whose vacancy is being filled was elected. 26 (Source: P.A. 90-342, eff. 8-8-97.) 27 Section 15. The Associate Judges Act is amended by 28 changing Section 2 as follows: 29 (705 ILCS 45/2) (from Ch. 37, par. 160.2) 30 Sec. 2. (a) The maximum number of associate judges 31 authorized for each circuit is one for each 35,000 or 32 fraction thereof in population as determined by the last -8- LRB9206321DJgc 1 preceding Federal census, except for circuits with a 2 population of more than 3,000,000 where the maximum number of 3 associate judges is one for each 29,000 or fraction thereof 4 in population as determined by the last preceding federal 5 census, reduced in circuits of less than 200,000 inhabitants 6 by the number of resident circuit judges elected in the 7 circuit in excess of one per county. In addition, in 8 circuits of 1,000,000 or more inhabitants, there shall be one 9 additional associate judge authorized for each municipal 10 district of the circuit court. The number of associate judges 11 to be appointed in each circuit, not to exceed the maximum 12 authorized, shall be determined from time to time by the 13 Circuit Court. The minimum number of associate judges 14 authorized for any circuit consisting of a single county 15 shall be 14. The minimum number of associate judges 16 authorized for any circuit consisting of 2 counties with a 17 combined population of at least 275,000 but less than 300,000 18 shall be 10. The minimum number of associate judges 19 authorized for any circuit with a population of at least 20 303,000 but not more than 309,000 shall be 10. The minimum 21 number of associate judges authorized for any circuit with a 22 population of at least 329,000, but not more than 335,000 23 shall be 11. The minimum number of associate judges 24 authorized for any circuit with a population of at least 25 173,000 but not more than 177,000 shall be 5. As used in 26 this Section, the term "resident circuit judge" has the 27 meaning given it in the Judicial Vacancies Act. 28 (b) The maximum number of associate judges authorized 29 under subsection (a) for a circuit with a population of more 30 than 3,000,000 shall be reduced as provided in this 31 subsection (b). For each vacancy that exists on or occurs on 32 or after February 15, 1991the effective date of this33amendatory Act of 1990, that maximum number shall be reduced 34 by one until the total number of associate judges authorized -9- LRB9206321DJgc 1 under subsection (a) is reduced by 60. Additionally, for each 2 vacancy that exists on or occurs on or after the effective 3 date of this amendatory Act of the 92nd General Assembly, 4 that maximum number shall be reduced by one until the total 5 number of associate judges authorized under subsection (a) is 6 reduced by 45. A vacancy exists or occurs when an associate 7 judge dies, resigns, retires, is removed, or is not 8 reappointed upon expiration of his or her term; a vacancy 9 does not exist or occur at the expiration of a term if the 10 associate judge is reappointed. 11 (Source: P.A. 86-786; 86-1478; 87-145; 87-435; 87-1073; 12 87-1230; 87-1261.)