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Public Act 102-0011 | ||||
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Judicial Districts Act of 2021. | ||||
Section 5. Legislative intent. The intent of this Act is | ||||
to redraw the Judicial Districts to meet the requirements of | ||||
the Illinois Constitution of 1970 by providing that outside of | ||||
the First District the State "shall be divided by law into four | ||||
Judicial Districts of substantially equal population, each of | ||||
which shall be compact and composed of contiguous counties." | ||||
Section 2 of Article VI of the Illinois Constitution of | ||||
1970 divides the State into five Judicial Districts for the | ||||
selection of Supreme and Appellate Court Judges, with Cook | ||||
County comprising the First District and the remainder of the | ||||
State "divided by law into four Judicial Districts of | ||||
substantially equal population, each of which shall be compact | ||||
and composed of contiguous counties." Further, Section 7 of | ||||
Article VI provides that a Judicial Circuit must be located | ||||
within one Judicial District, and also provides the First | ||||
Judicial District is comprised of a judicial circuit and the | ||||
remainder provided by law, subject to the requirement that | ||||
Circuits composed of more than one county shall be compact and |
of contiguous counties.
The current Judicial District map was | ||
enacted in 1963. | ||
The current Judicial Districts do not meet the | ||
Constitution's requirement that four Districts other than the | ||
First District be of "substantially equal population." Using | ||
the American Community Survey data available at the time this | ||
Act is enacted, the population of the current First District | ||
is 5,198,212; Second District is 3,204,960; the Third District | ||
is 1,782,863; the Fourth District is 1,299,747; and the Fifth | ||
District is 1,284,757. | ||
Under this redistricting plan, the population, according | ||
to the American Community Survey, of the Second District will | ||
be 1,770,983; the Third District will be 1,950,349; the Fourth | ||
District will be 2,011,316; and the Fifth District will be | ||
1,839,679. A similar substantially equitable result occurs | ||
using the 2010 U.S. Census data, the most recent decennial | ||
census data available at the time of this Act, with the | ||
population of the Second District being approximately | ||
1,747,387; the Third District being 1,936,616; the Fourth | ||
District being 2,069,660; and the Fifth District being | ||
1,882,294. Because of the constitutional requirement that a | ||
District be composed of whole counties, and given that actual | ||
population changes on a day-to-day basis, the populations are | ||
not and could never be exact, but the population of each of the | ||
four Districts created by this Act is substantially equal. | ||
In addition to ensuring the population of the four |
Districts are substantially equal, this Act complies with | ||
Section 7 of Article VI of the Illinois Constitution of 1970, | ||
which provides that the First Judicial District shall be | ||
comprised of a Judicial Circuit, and the remaining Judicial | ||
Circuits shall be provided by law, and Circuits comprised of | ||
more than one county shall be compact and of contiguous | ||
counties. To comply with Section 7 of Article VI and minimize | ||
disruption to the administration of the Judicial Branch, this | ||
Act avoids changing the compositions and boundaries of the | ||
Judicial Circuits, while simultaneously creating substantially | ||
equally populated, compact, and contiguous Judicial Districts. | ||
To further avoid any interruption to the administration of | ||
the Judicial Branch, this Act does not require that the | ||
Supreme Court change where the Appellate Courts currently | ||
reside. By Supreme Court Rule, the Second District Appellate | ||
Court currently sits in Elgin; the Third District Appellate | ||
Court currently sits in Ottawa; the Fourth District Appellate | ||
Court currently sits in Springfield; and the Fifth District | ||
Appellate Court currently sits in Mt. Vernon. Under this Act, | ||
the Supreme Court is not required to change where the | ||
Appellate Courts sit as those cities remain in the Second, | ||
Third, Fourth, and Fifth District respectively. | ||
To ensure continuity of service and compliance with the | ||
Illinois Constitution of 1970, nothing in this Act is intended | ||
to affect the tenure of any Appellate or Supreme Court Judge | ||
elected or appointed prior to the effective date of this Act. |
In accordance with the Constitution, no change in the | ||
boundaries shall affect an incumbent judge's qualification for | ||
office or right to run for retention. Incumbent judges have | ||
the right to run for retention in the counties comprising the | ||
District that elected the judge, or in the counties comprising | ||
the new District where the judge resides, as the judge may | ||
elect. As provided by the Constitution, upon a vacancy in an | ||
elected Supreme or Appellate Court office, the Supreme Court | ||
may fill the vacancy until the vacancy is filled in the next | ||
general election in the counties comprising the District | ||
created by this Act. | ||
Further, nothing in this Act is intended to alter or | ||
impair the ability of the Supreme Court to fulfill its | ||
obligations to ensure the proper administration of the | ||
Judicial Branch. For example, it remains within the purview of | ||
the Supreme Court to assign or reassign any judge to any court | ||
or determine assignment of additional judges to the Appellate | ||
Court. Section 1 of the Appellate Act provides that the | ||
"Supreme Court may assign additional judges to service in the | ||
Appellate Court from time to time as the business of the | ||
Appellate Court requires." Currently the Supreme Court has | ||
three judges on assignment to the Second District Appellate | ||
Court, whereas one judge is on assignment to the Third, | ||
Fourth, and Fifth Districts. Nothing in this Act seeks to | ||
alter any judicial assignments. | ||
Finally, it is the intent of the General Assembly that any |
appealable order, as defined by Supreme Court Rules, entered | ||
prior to the effective date of this Act shall be subject to | ||
judicial review by the Judicial District in effect on the date | ||
the order was entered; however, the administrative and | ||
supervisory authority of the courts remains within the purview | ||
of the Supreme Court. | ||
Section 10. The First Judicial District consists of the | ||
County of Cook. | ||
Section 15. Beginning on the effective date of this Act, | ||
the Second Judicial District consists of the counties of | ||
DeKalb, Kendall, Kane, Lake, and McHenry. | ||
Section 20. Beginning on the effective date of this Act, | ||
the Third Judicial District consists of the counties of | ||
Bureau, LaSalle, Grundy, Iroquois, Kankakee, DuPage and Will. | ||
Section 25. Beginning on the effective date of this Act, | ||
the Fourth Judicial District consists of the counties of Jo | ||
Daviess, Stephenson, Carroll, Ogle, Lee, Winnebago, Boone, | ||
Mercer, Rock Island, Whiteside, Henry, Stark, Putnam, | ||
Marshall, Peoria, Tazewell, Adams, Pike, Calhoun, Schuyler, | ||
Brown, Cass, Mason, Menard, Morgan, Scott, Greene, Jersey, | ||
Macoupin, Sangamon, Logan, McLean, Woodford, Livingston, Ford, | ||
Henderson, Warren, Knox, Fulton, McDonough and Hancock. |
Section 30. Beginning on the effective date of this Act, | ||
the Fifth Judicial District consists of the counties of | ||
DeWitt, Macon, Piatt, Moultrie, Champaign, Douglas, Vermilion, | ||
Edgar, Coles, Cumberland, Clark, Christian, Shelby, | ||
Montgomery, Fayette, Effingham, Jasper, Clay, Marion, Clinton, | ||
Bond, Madison, St. Clair, Washington, Monroe, Randolph, Perry, | ||
Crawford, Richland, Lawrence, Wabash, Edwards, Wayne, | ||
Jefferson, Franklin, Hamilton, White, Gallatin, Hardin, | ||
Saline, Williamson, Jackson, Union, Johnson, Pope, Alexander, | ||
Pulaski, and Massac. | ||
Section 35. Current Members of the Judiciary. Nothing in | ||
this Act shall affect the tenure of any Appellate or Supreme | ||
Court Judge serving on the effective date of this Act. No | ||
Appellate or Supreme Court Judge serving on the effective date | ||
of this Act shall be required to change his or her residency in | ||
order to continue serving in office or to seek retention or | ||
reappointment in office. Any Appellate or Supreme Court Judge | ||
elected to that office prior to the effective date of this Act | ||
who files to run for retention after the effective date of this | ||
Act shall have the right to seek retention in the district the | ||
Judge was elected from or seek retention in the district | ||
created by this Act. The Secretary of State, not less than 63 | ||
days before the election, shall certify the Judge's candidacy | ||
to the proper election officials. |
Section 40. Severability. To the extent that any provision | ||
of this Act is found to be unconstitutional, that provision | ||
alone shall be deemed of no force and effect and all other | ||
provisions of this Act shall remain in full force and effect. | ||
Section 45. The Judicial Districts Act is amended by | ||
changing Sections 2, 3, 4, and 5 as follows:
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(705 ILCS 20/2) (from Ch. 37, par. 1.2)
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(This Act was repealed by P.A. 89-719, which has been held | ||
unconstitutional)
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Sec. 2.
Prior to the effective date of this amendatory Act | ||
of the 102nd General Assembly, the The Second Judicial | ||
District consists of the counties of Jo
Daviess, Stephenson, | ||
Carroll, Ogle, Lee, Winnebago, Boone, McHenry, Lake,
DeKalb, | ||
Kane, Kendall and DuPage.
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(Source: Laws 1963, p. 929.)
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(705 ILCS 20/3) (from Ch. 37, par. 1.3)
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(This Act was repealed by P.A. 89-719, which has been held | ||
unconstitutional)
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Sec. 3.
Prior to the effective date of this amendatory Act | ||
of the 102nd General Assembly, the The Third Judicial District | ||
consists of the counties of Mercer,
Rock Island, Whiteside, | ||
Henry, Bureau, LaSalle, Grundy, Stark, Putnam,
Marshall, |
Peoria, Tazewell, Will, Kankakee, Iroquois, Henderson, Warren,
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Knox, Fulton, McDonough and Hancock.
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(Source: Laws 1963, p. 929.)
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(705 ILCS 20/4) (from Ch. 37, par. 1.4)
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(This Act was repealed by P.A. 89-719, which has been held | ||
unconstitutional)
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Sec. 4.
Prior to the effective date of this amendatory Act | ||
of the 102nd General Assembly, the The Fourth Judicial | ||
District consists of the counties of Adams,
Pike, Calhoun, | ||
Schuyler, Brown, Cass, Mason, Menard, Morgan, Scott, Greene,
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Jersey, Macoupin, Sangamon, Logan, McLean, Woodford, | ||
Livingston, Ford,
DeWitt, Macon, Piatt, Moultrie, Champaign, | ||
Douglas, Vermilion, Edgar,
Coles, Cumberland and Clark.
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(Source: Laws 1963, p. 929.)
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(705 ILCS 20/5) (from Ch. 37, par. 1.5)
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(This Act was repealed by P.A. 89-719, which has been held | ||
unconstitutional)
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Sec. 5.
Prior to the effective date of this amendatory Act | ||
of the 102nd General Assembly, the The Fifth Judicial District | ||
consists of all the counties south of
the Fourth Judicial | ||
District.
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(Source: Laws 1963, p. 929.)
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(705 ILCS 21/Act rep.) |
Section 50. The Judicial Redistricting Act of 1997 (which | ||
has been held unconstitutional) is repealed.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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