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92_HB0829ham001 LRB9206321DJmgam02 1 AMENDMENT TO HOUSE BILL 829 2 AMENDMENT NO. . Amend House Bill 829 by replacing 3 the title with the following: 4 "AN ACT concerning courts."; and 5 by replacing everything after the enacting clause with the 6 following: 7 "Section 5. The Circuit Courts Act is amended by 8 changing Section 2 as follows: 9 (705 ILCS 35/2) (from Ch. 37, par. 72.2) 10 Sec. 2. Circuit judges; election; oath. Circuit judges 11 shall be elected at the general elections and for terms as 12 provided in Article VI of the Illinois Constitution. 13 Ninety-four circuit judges shall be elected in the Circuit of 14 Cook County and 3 circuit judges shall be elected in each of 15 the other circuits, but in circuits other than Cook County 16 containing a population of 230,000 or more inhabitants and in 17 which there is included a county containing a population of 18 200,000 or more inhabitants, or in circuits other than Cook 19 County containing a population of 270,000 or more 20 inhabitants, according to the last preceding federal census 21 and in the circuit where the seat of State government is -2- LRB9206321DJmgam02 1 situated at the time fixed by law for the nomination of 2 judges of the Circuit Court in such circuit and in any 3 circuit which meets the requirements set out in Section 2a of 4 this Act, 4 circuit judges shall be elected in the manner 5 provided by law. In circuits other than Cook County in which 6 each county in the circuit has a population of 475,000 or 7 more, 4 circuit judges shall be elected in addition to the 4 8 circuit judges provided for in this Section. In any circuit 9 composed of 2 counties having a total population of 350,000 10 or more, one circuit judge shall be elected in addition to 11 the 4 circuit judges provided for in this Section. The 12 several judges of the circuit courts of this State, before 13 entering upon the duties of their office, shall take and 14 subscribe the following oath or affirmation, which shall be 15 filed in the office of the Secretary of State: 16 "I do solemnly swear (or affirm, as the case may be) that 17 I will support the constitution of the United States, and the 18 constitution of the State of Illinois, and that I will 19 faithfully discharge the duties of judge of.... court, 20 according to the best of my ability." 21 One of the 3 additional circuit judgeships authorized by 22 this amendatory Act in circuits other than Cook County in 23 which each county in the circuit has a population of 475,000 24 or more may be filled when this Act becomes law. The 2 25 remaining circuit judgeships in such circuits shall not be 26 filled until on or after July 1, 1977. 27 (Source: P.A. 86-786; 86-1478.) 28 Section 10. The Judicial Vacancies Act is amended by 29 changing Section 2 as follows: 30 (705 ILCS 40/2) (from Ch. 37, par. 72.42) 31 Sec. 2. Vacancies in office of judge. 32 (a) Except as provided in paragraphs (1), (2), (3) and -3- LRB9206321DJmgam02 1 (4) of this subsection (a), vacancies in the office of a 2 resident circuit judge in any county or in any unit or 3 subcircuit of any circuit shall not be filled. 4 (1) If in any county of less than 45,000 5 inhabitants there remains in office no other resident 6 judge following the occurrence of a vacancy, such vacancy 7 shall be filled. 8 (2) If in any county of 45,000 or more but less 9 than 60,000 inhabitants there remains in office only one 10 resident judge following the occurrence of a vacancy, 11 such vacancy shall be filled. 12 (3) If in any county of 60,000 or more inhabitants, 13 other than the County of Cook, there remain in office no 14 more than 2 resident judges following the occurrence of a 15 vacancy, such vacancy shall be filled. 16 (4) The County of Cook shall have 165 resident 17 judges on and after the effective date of this amendatory 18 Act of 1990. Of those resident judgeships, (i) 56 shall 19 be those authorized before the effective date of this 20 amendatory Act of 1990 from the unit of the Circuit of 21 Cook County within Chicago, (ii) 27 shall be those 22 authorized before the effective date of this amendatory 23 Act of 1990 from the unit of the Circuit of Cook County 24 outside Chicago, (iii) 12 shall be additional resident 25 judgeships first elected at the general election in 26 November of 1992, (iv) 10 shall be additional resident 27 judgeships first elected at the general election in 28 November of 1994, and (v) 60 shall be additional resident 29 judgeships to be authorized one each for each reduction 30 upon vacancy in the office of associate judge in the 31 Circuit of Cook County as those vacancies exist or occur 32 on and after the effective date of this amendatory Act of 33 1990 and as those vacancies are determined under 34 subsection (b) of Section 2 of the Associate Judges Act -4- LRB9206321DJmgam02 1 until the total resident judgeships authorized under this 2 item (v) is 60. Seven of the 12 additional resident 3 judgeships provided in item (iii) may be filled by 4 appointment by the Supreme Court during the period 5 beginning on the effective date of this amendatory Act of 6 1990 and ending 60 days before the primary election in 7 March of 1992; those judicial appointees shall serve 8 until the first Monday in December of 1992. Five of the 9 12 additional resident judgeships provided in item (iii) 10 may be filled by appointment by the Supreme Court during 11 the period beginning July 1, 1991 and ending 60 days 12 before the primary election in March of 1992; those 13 judicial appointees shall serve until the first Monday in 14 December of 1992. Five of the 10 additional resident 15 judgeships provided in item (iv) may be filled by 16 appointment by the Supreme Court during the period 17 beginning July 1, 1992 and ending 60 days before the 18 primary election in March of 1994; those judicial 19 appointees shall serve until the first Monday in December 20 of 1994. The remaining 5 of the 10 additional resident 21 judgeships provided in item (iv) may be filled by 22 appointment by the Supreme Court during the period 23 beginning July 1, 1993 and ending 60 days before the 24 primary election in March of 1994; those judicial 25 appointees shall serve until the first Monday in December 26 1994. The additional resident judgeships created upon 27 vacancy in the office of associate judge provided in item 28 (v) may be filled by appointment by the Supreme Court 29 beginning on the effective date of this amendatory Act of 30 1990; but no additional resident judgeships created upon 31 vacancy in the office of associate judge provided in item 32 (v) shall be filled during the 59 day period before the 33 next primary election to nominate judges. The Circuit of 34 Cook County shall be divided into units to be known as -5- LRB9206321DJmgam02 1 subcircuits as provided in Section 2f of the Circuit 2 Courts Act. A vacancy in the office of resident judge of 3 the Circuit of Cook County existing on or occurring on or 4 after the effective date of this amendatory Act of 1990, 5 but before the date the subcircuits are created by law, 6 shall be filled by appointment by the Supreme Court from 7 the unit within Chicago or the unit outside Chicago, as 8 the case may be, in which the vacancy occurs and filled 9 by election from the subcircuit to which it is allotted 10 under Section 2f of the Circuit Courts Act. A vacancy in 11 the office of resident judge of the Circuit of Cook 12 County existing on or occurring on or after the date the 13 subcircuits are created by law shall be filled by 14 appointment by the Supreme Court and by election from the 15 subcircuit to which it is allotted under Section 2f of 16 the Circuit Courts Act. 17 (b) Nothing in paragraphs (2) or (3) of subsection (a) 18 of this Section shall be construed to require or permit in 19 any county a greater number of resident judges than there 20 were resident associate judges on January 1, 1967. 21 (c) Vacancies authorized to be filled by this Section 2 22 shall be filled in the manner provided in Article VI of the 23 Constitution. 24 (d) A person appointed to fill a vacancy in the office 25 of circuit judge shall be, at the time of appointment, a 26 resident of the subcircuit from which the person whose 27 vacancy is being filled was elected if the vacancy occurred 28 in Cook County. If a vacancy in the office of circuit judge 29 occurred in a circuit other than Cook County, a person 30 appointed to fill the vacancy shall be, at the time of 31 appointment, a resident of the circuit from which the person 32 whose vacancy is being filled was elected. If a vacancy 33 occurred in the office of a resident circuit judge, a person 34 appointed to fill the vacancy shall be, at the time of -6- LRB9206321DJmgam02 1 appointment, a resident of the county from which the person 2 whose vacancy is being filled was elected. 3 (Source: P.A. 90-342, eff. 8-8-97.) 4 Section 15. The Associate Judges Act is amended by 5 changing Section 2 as follows: 6 (705 ILCS 45/2) (from Ch. 37, par. 160.2) 7 Sec. 2. Number of associate judges. 8 (a) The maximum number of associate judges authorized 9 for each circuit is one for each 35,000 or fraction thereof 10 in population as determined by the last preceding Federal 11 census, except for circuits with a population of more than 12 3,000,000 where the maximum number of associate judges is one 13 for each 29,000 or fraction thereof in population as 14 determined by the last preceding federal census, reduced in 15 circuits of less than 200,000 inhabitants by the number of 16 resident circuit judges elected in the circuit in excess of 17 one per county. In addition, in circuits of 1,000,000 or 18 more inhabitants, there shall be one additional associate 19 judge authorized for each municipal district of the circuit 20 court. The number of associate judges to be appointed in each 21 circuit, not to exceed the maximum authorized, shall be 22 determined from time to time by the Circuit Court. The 23 minimum number of associate judges authorized for any circuit 24 consisting of a single county shall be 14. The minimum 25 number of associate judges authorized for any circuit 26 consisting of 2 counties with a combined population of at 27 least 275,000 but less than 300,000 shall be 10. The minimum 28 number of associate judges authorized for any circuit with a 29 population of at least 303,000 but not more than 309,000 30 shall be 10. The minimum number of associate judges 31 authorized for any circuit with a population of at least 32 329,000, but not more than 335,000 shall be 11. The minimum -7- LRB9206321DJmgam02 1 number of associate judges authorized for any circuit with a 2 population of at least 173,000 but not more than 177,000 3 shall be 5. As used in this Section, the term "resident 4 circuit judge" has the meaning given it in the Judicial 5 Vacancies Act. 6 (b) The maximum number of associate judges authorized 7 under subsection (a) for a circuit with a population of more 8 than 3,000,000 shall be reduced as provided in this 9 subsection (b). For each vacancy that exists on or occurs on 10 or after the effective date of this amendatory Act of 1990, 11 that maximum number shall be reduced by one until the total 12 number of associate judges authorized under subsection (a) is 13 reduced by 60. A vacancy exists or occurs when an associate 14 judge dies, resigns, retires, is removed, or is not 15 reappointed upon expiration of his or her term; a vacancy 16 does not exist or occur at the expiration of a term if the 17 associate judge is reappointed. 18 (Source: P.A. 86-786; 86-1478; 87-145; 87-435; 87-1073; 19 87-1230; 87-1261.)".