HB7290 93RD GENERAL ASSEMBLY

LRB093 21697 JAM 49417 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB7290

Introduced 4/2/2004, by Rep. Maria Antonia Berrios

SYNOPSIS AS INTRODUCED:

705 ILCS 35/2f-25 new

Amends the Circuit Courts Act. Requires the Attorney General to study the previous division of the Cook County judicial circuit into subcircuits, to investigate the possible redistricting of those subcircuits, to investigate the method of selecting and reappointing associate judges, and to report to the General Assembly by March 1, 2005 (i) the findings of the studies and investigations, (ii) a redistricting plan, and (iii) recommendations for legislative and constitutional changes. Authorizes the Attorney General to appoint task forces for assistance and requires the cooperation of the Illinois Supreme Court, the Chief Judge of the Circuit Court of Cook County, and the Administrative Office of the Illinois Courts. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning the courts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Circuit Courts Act is amended by adding Section 2f-25 as follows:

(705 ILCS 35/2f-25 new)

Sec. 2f-25. Cook County; subcircuits and the administration of justice.

(a) The General Assembly recognizes the importance of subcircuits and resident judgeships to the administration of justice in the judicial circuit composed of Cook County. More than a decade after the circuit's division into subcircuits, the General Assembly deems it appropriate to review that division and consider the need for redistricting of those subcircuits. Moreover, the General Assembly recognizes that there are other unique problems in the administration of justice and the representation of the diverse community interests in Cook County. These problems need to be reexamined in the context of developments in federal and State constitutional and statutory law, particularly those laws relating to civil rights and voting rights.

(b) The Attorney General shall study the consequences of the subcircuiting of the judicial circuit of Cook County under Public Act 86-1478 and the impact upon the administration of justice for the benefit of the citizens of Cook County. The Attorney General's study shall include, but need not be limited to, the following:

(1) The demographics of the circuit at the time of its division into subcircuits and the various community interests represented by those demographics.

(2) The adequacy of representation of those community interests by the residency requirements for subcircuit judges.

(c) The Attorney General shall investigate redistricting the 15 subcircuits of the judicial circuit of Cook County based upon the 2000 federal census. The Attorney General's investigation shall include, but need not be limited to, the following:

(1) The various community interests of the circuit and the best means of adequately representing those interests through redistricting of the subcircuits.

(2) The problems for adequate representation of community interests posed by the current residency of subcircuit judges and possible changes in residency requirements to resolve or mitigate those problems.

(3) The challenges to the administration of justice presented by the transition required by redistricting, such as allotment of existing judgeships and creation of new judgeships, and various methods of addressing those challenges.

(d) The Attorney General shall investigate the current methods of selection and reappointment of associate judges in the circuit and the possible changes in those methods to resolve or mitigate problems relating to the adequacy of those methods to represent community interests in the judicial circuit.

(e) In carrying out the responsibilities of this Section, the Attorney General shall receive the cooperation and assistance of the Illinois Supreme Court, the Chief Judge of the Circuit of Cook County, and the Administrative Office of the Illinois Courts. The Attorney General may appoint one or more task forces to assist in carrying out the responsibilities of this Section.

(f) Upon completion of the studies and investigations required by this Section, but no later than March 1, 2005, the Attorney General shall submit to the General Assembly (i) a report of the findings, (ii) a plan for the redistricting of the 15 subcircuits of the judicial circuit of Cook County, and (iii) recommendations for legislative or constitutional changes necessary for the implementation of the redistricting plan and its transition, for any changes in judicial residency requirements, and for determining the number and manner of selection of subcircuit and associate judges.

Section 99. Effective date. This Act takes effect upon becoming law.