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| Public Act 093-1040 |
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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 5. The Circuit Courts Act is amended by changing | ||||
Sections 2f-1, 2f-2, 2f-4, and 2f-5 as follows:
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(705 ILCS 35/2f-1)
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Sec. 2f-1. 19th and 22nd judicial circuits.
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(a) On December 4, 2006, the 19th judicial circuit is | ||||
divided into the 19th
and
22nd judicial circuits as provided in | ||||
Section 1 of the Circuit Courts Act. This
division
does not | ||||
invalidate any action taken by the 19th judicial circuit or any | ||||
of its
judges,
officers, employees, or agents before December | ||||
4, 2006. This division does not
affect
any person's rights, | ||||
obligations, or duties, including applicable civil and
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criminal
penalties, arising out of any action taken by the 19th | ||||
judicial circuit or any
of its judges,
officers, employees, or | ||||
agents before December 4, 2006.
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(b) Of the 7 circuit judgeships elected at large in the | ||||
19th circuit before
the
general election in 2006, the Supreme | ||||
Court shall assign 5 to the 19th circuit
and 2 to the
22nd | ||||
circuit, based on residency of the circuit judges then holding | ||||
those
judgeships. The
5 assigned to the 19th circuit shall | ||||
continue to be elected at large.
The 2 assigned to the 22nd | ||||
circuit shall continue to be elected at large.
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(c) The 6 resident judgeships elected from Lake County | ||||
before the general
election in 2006 shall become resident | ||||
judgeships in the 19th circuit on
December 4,
2006, and the 3 | ||||
resident judgeships elected from McHenry County before the
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general
election in 2006 shall become resident judgeships in | ||||
the 22nd circuit on
December 4,
2006.
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(d) On December 4, 2006, the Supreme Court shall allocate | ||||
the associate
judgeships of the 19th circuit before that date | ||||
between the 19th and 22nd
circuits based
on the residency of | ||
the associate judges; however, the number of associate judges | ||
allocated to the 19th circuit shall be no less than the number | ||
of associate judges residing in Lake County on March 22, 2004
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population of those circuits.
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(e) On December 4, 2006, the Supreme Court shall allocate | ||
personnel, books,
records, documents, property (real and | ||
personal), funds, assets, liabilities,
and pending
matters | ||
concerning the 19th circuit before that date between the 19th | ||
and 22nd
circuits
based on the population and staffing needs of | ||
those circuits and the efficient
and proper
administration of | ||
the judicial system. The rights of employees under applicable
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collective bargaining agreements are not affected by this | ||
amendatory Act of the
93rd
General Assembly.
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(f) The judgeships set forth in this Section include the | ||
judgeships
authorized
under Sections 2g, 2h, and 2j. The | ||
judgeships authorized in those Sections are
not in
addition to | ||
those set forth in this Section.
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(Source: P.A. 93-541, eff. 8-18-03.)
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(705 ILCS 35/2f-2)
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Sec. 2f-2. 19th judicial circuit; subcircuits.
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(a) The 19th circuit shall be divided into 6 subcircuits. | ||
The
subcircuits shall be
compact, contiguous, and | ||
substantially equal in population. The General
Assembly by law | ||
shall
create the subcircuits on or before February 1, 2004, | ||
using population
data as
determined by the 2000 federal census, | ||
and
shall determine a numerical order for the 6 subcircuits. | ||
That
numerical order shall be the basis for the order in which | ||
resident judgeships
are assigned to
the subcircuits. Once a | ||
resident judgeship is assigned to a subcircuit, it
shall | ||
continue to be assigned to that subcircuit for all purposes.
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(b) The 19th circuit shall have a total of 6 resident | ||
judgeships.
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(c) The Supreme Court shall allot (i)
all vacancies in
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resident
judgeships of the 19th circuit existing on or | ||
occurring on or after the
effective date of this
amendatory Act
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of the 93rd General Assembly and not filled at the 2004 general | ||
election
and (ii) the resident judgeships of the 19th
circuit | ||
filled at the 2004
general election as those judgeships | ||
thereafter become vacant,
for election from the
various
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subcircuits until there is one resident judge to be elected | ||
from each
subcircuit.
No resident judge of the 19th circuit | ||
serving on
the effective date of this amendatory Act of the | ||
93rd General Assembly shall be
required to change his or her | ||
residency in order to continue serving in office
or
to seek | ||
retention in office as resident judgeships are allotted by the
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Supreme Court in accordance with this Section.
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(d) A resident judge of a subcircuit must reside in the | ||
subcircuit
and must continue to reside in
that
subcircuit as | ||
long as he or she holds that office.
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(e) Vacancies in resident judgeships of the 19th circuit | ||
shall be
filled
in the manner provided in Article VI of the | ||
Illinois Constitution.
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(Source: P.A. 93-541, eff. 8-18-03.)
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(705 ILCS 35/2f-4)
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Sec. 2f-4. 12th circuit; subcircuits; additional judges.
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(a) The 12th circuit shall be divided into 5 subcircuits. | ||
The
subcircuits shall be
compact, contiguous, and | ||
substantially equal in population. The General
Assembly by law | ||
shall
create the subcircuits on or before February 1, 2004, | ||
using population
data as
determined by the 2000 federal census, | ||
and
shall determine a numerical order for the 5 subcircuits. | ||
That numerical
order shall
be the basis for the order in which | ||
resident judgeships are assigned to the
subcircuits.
Once a | ||
resident judgeship is
assigned to a subcircuit, it shall | ||
continue to be
assigned to
that subcircuit for all purposes.
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(a-5) Two of the 12th circuit's associate judgeships shall | ||
be
allotted as 12th circuit resident judgeships under | ||
subsection (c) as those
associate
judgeships are converted to | ||
resident judgeships in accordance with Section 2 of
the | ||
Associate Judges Act.
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(a-10) Of the 12th circuit's 10 existing circuit judgeships | ||
(8 at large and
2 resident), 2 shall be allotted as 12th | ||
circuit resident judgeships under
subsection (c) as the first 2 | ||
of any of those at large and resident judgeships
become vacant | ||
on or after August 18, 2003
the effective date of this | ||
amendatory Act of the 93rd
General Assembly. As used in this | ||
subsection, a vacancy does not include the
expiration of a term | ||
of an at large or resident judge who seeks
retention in that | ||
office at the next term.
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(b) The 12th circuit shall have 3
one additional resident | ||
judgeships
judgeship, as well
as
its 2 existing resident | ||
judgeships, and 8 at large judgeships, and 2 former
associate | ||
judgeships, for a
total of 13 judgeships available to be | ||
allotted to the 5 subcircuit resident
judgeships. The
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additional resident
judgeship created
by Public Act 93-541
this
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amendatory Act
of
the 93rd General Assembly shall be filled by | ||
election beginning at the
general
election in
2006. The 2 | ||
additional resident judgeships created by this amendatory Act | ||
of 2004 shall be filled by election beginning at the general | ||
election in 2008. After the subcircuits are created by
law, the | ||
Supreme Court may
shall fill by appointment the additional | ||
resident judgeships
judgeship created by Public Act 93-541 and
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this
amendatory Act of 2004
the 93rd General Assembly until the | ||
2006 or 2008
general
election, as the case may be.
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(c) The Supreme Court shall allot (i) the additional | ||
resident judgeships
judgeship
of the 12th circuit created by | ||
Public Act 93-541 and this amendatory Act of 2004
the 93rd | ||
General
Assembly, and (ii)
the first 2 vacancies in the at | ||
large and resident judgeships of the 12th
circuit as provided | ||
in subsection (a-10),
and
(iii) 2 associate
judgeships of the | ||
12th circuit as they are converted to resident judgeships
as | ||
provided in subsection (a-5), for election from the
various
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subcircuits until there is one resident judge to be elected | ||
from each
subcircuit. No at large or resident judge of the 12th | ||
circuit serving on
August 18, 2003
the effective date of this | ||
amendatory Act of the 93rd General Assembly shall be
required | ||
to change his or her residency in order to continue serving in | ||
office
or
to seek retention in office as at large or resident | ||
judgeships are allotted by
the
Supreme Court in accordance with | ||
this Section.
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(d) A resident judge of a subcircuit must reside in the | ||
subcircuit
and must continue to reside in
that
subcircuit as | ||
long as he or she holds that office.
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(e) Vacancies in resident judgeships of the 12th circuit | ||
shall be filled
in the manner provided in Article VI of the | ||
Illinois Constitution.
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(Source: P.A. 93-541, eff. 8-18-03.)
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(705 ILCS 35/2f-5)
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Sec. 2f-5. 22nd circuit; subcircuits.
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(a) The 22nd circuit shall be divided into 3 subcircuits. | ||
The
subcircuits shall be
compact, contiguous, and | ||
substantially equal in population. The General
Assembly by law | ||
shall
create the subcircuits on or before February 1, 2004, | ||
using population
data as
determined by the 2000 federal census, | ||
and
shall determine a numerical order for the 3 subcircuits. | ||
That numerical
order shall
be the basis for the order in which | ||
resident judgeships are assigned to the
subcircuits.
Once a | ||
resident judgeship is
assigned to a subcircuit, it shall | ||
continue to be
assigned to
that subcircuit for all purposes.
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(b) The 22nd circuit shall have a total of 3 resident | ||
judgeships.
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(c) The Supreme Court shall allot (i)
all vacancies in
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resident
judgeships of the 22nd circuit existing on or | ||
occurring on or after the
effective date of this
amendatory Act
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of the 93rd General Assembly and not filled at the 2004 general | ||
election
and (ii) the resident
judgeships of the 22nd circuit | ||
filled at the 2004 general election as
those judgeships | ||
thereafter become vacant,
for election from the
various
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subcircuits until there is one resident judge to be elected | ||
from each
subcircuit.
No resident judge of the 22nd circuit | ||
serving on
the effective date of this amendatory Act of the | ||
93rd General Assembly shall be
required to change his or her | ||
residency in order to continue serving in office
or
to seek | ||
retention in office as resident judgeships are allotted by the
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Supreme Court in accordance with this Section.
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(d) A resident judge of a subcircuit must reside in the | ||
subcircuit
and must continue to reside in
that
subcircuit as | ||
long as he or she holds that office.
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(e) Vacancies in resident judgeships of the 22nd circuit | ||
shall be
filled
in the manner provided in Article VI of the | ||
Illinois Constitution.
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(Source: P.A. 93-541, eff. 8-18-03.)
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Section 10. The Associate Judges Act is amended by changing | ||
Section 2 as follows:
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(705 ILCS 45/2) (from Ch. 37, par. 160.2)
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Sec. 2. (a) The maximum number of associate judges | ||
authorized for each
circuit is the greater of the applicable | ||
minimum number specified in this
Section or one for each 35,000 | ||
or fraction thereof in population as
determined
by the last | ||
preceding Federal census, except for circuits with a population | ||
of
more than 3,000,000 where the maximum number of associate | ||
judges is one for
each 29,000 or fraction thereof in population | ||
as determined by the last
preceding federal census, reduced in | ||
circuits of less than 200,000 inhabitants
by the number of | ||
resident circuit judges elected in the circuit in excess of
one | ||
per county. In addition, in circuits of 1,000,000 or more | ||
inhabitants,
there shall be one additional associate judge | ||
authorized for each
municipal
district of the circuit court. | ||
The number of associate judges to be appointed
in each circuit, | ||
not to exceed the maximum authorized, shall be
determined from
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time to time by the Circuit Court. The minimum number of | ||
associate judges
authorized for any circuit consisting of a | ||
single county shall be
14, except that the minimum in the 22nd | ||
circuit shall be 8 and except that the minimum in the 19th | ||
circuit on and after December 4, 2006 shall be 20. The
minimum | ||
number of associate judges authorized for any circuit | ||
consisting of 2
counties with a combined population of at least | ||
275,000 but less than 300,000
shall be 10. The minimum number | ||
of associate judges authorized
for any circuit
with a | ||
population of at least 303,000 but not more than 309,000 shall
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be 10.
The minimum number of associate judges authorized for | ||
any circuit with a
population of at least 329,000, but not more | ||
than 335,000 shall be
11. The
minimum number of associate | ||
judges authorized for any circuit with a population
of at least | ||
173,000 shall be 5. As
used in this
Section, the term "resident | ||
circuit judge" has the meaning given it in the
Judicial | ||
Vacancies Act.
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(b) The maximum number of associate judges authorized under | ||
subsection
(a) for a circuit with a population of more than | ||
3,000,000 shall
be reduced
as provided in this subsection (b). | ||
For each vacancy that exists on or
occurs on or after the | ||
effective date of this amendatory Act of 1990, that
maximum | ||
number shall be reduced by one until the total number of
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associate
judges authorized under subsection (a) is reduced by | ||
60. A vacancy exists
or occurs when an associate judge dies, | ||
resigns, retires, is removed, or is
not reappointed upon | ||
expiration of his or her term; a vacancy does not
exist or | ||
occur at the expiration of a term if the associate judge is
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reappointed.
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(c) The maximum number of associate judges authorized under | ||
subsection (a)
for the 12th judicial circuit shall be reduced | ||
as provided in this subsection
(c). For each vacancy that | ||
exists on or occurs after the effective date of this
amendatory | ||
Act of the 93rd General Assembly, that maximum number shall be
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reduced by one until the total number of associate judges | ||
authorized under
subsection (a) is reduced by 2. A vacancy | ||
exists or occurs when (i) a new
associate judgeship has been | ||
authorized under subsection (a) for the 12th
judicial circuit, | ||
but has not been filled by appointment or (ii) an associate
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judge dies, resigns, retires, is removed, or is not reappointed | ||
upon expiration
of his or her term. A vacancy does not exist or | ||
occur at the expiration of a
term if the associate judge is | ||
reappointed.
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(Source: P.A. 92-17, eff. 6-28-01; 93-541, eff. 8-18-03.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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