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90_SB1029
5 ILCS 295/2.1 new
705 ILCS 40/1.5 new
705 ILCS 40/2 from Ch. 37, par. 72.42
Amends the Judicial Vacancies Act and the Assigned
Appellate Judges Salary Act. Provides that, when there is a
vacancy in the office of Supreme, Appellate, or Circuit
Judge, the Governor, with the advice and consent of the
Senate, may appoint a person to serve in the office.
Provides that this method is the sole and exclusive method
for filling a vacancy. Does not apply to the filling of the
office of Associate Judge. Eliminates provisions
authorizing the Supreme Court to fill certain judicial
vacancies. Effective immediately.
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1 AN ACT in relation to the appointment of judges.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Assigned Appellate Judges Salary Act is
5 amended by adding Section 2.1 as follows:
6 (5 ILCS 295/2.1 new)
7 Sec. 2.1. Construction. Nothing in this Act shall be
8 construed to permit the Supreme Court to appoint judges after
9 the effective date of this amendatory Act of 1997.
10 Section 10. The Judicial Vacancies Act is amended by
11 adding Section 1.5 and changing Section 2 as follows:
12 (705 ILCS 40/1.5 new)
13 Sec. 1.5. Appointment by Governor. When there is a
14 vacancy in the office of Supreme, Appellate, or Circuit
15 Judge, the Governor, with the advice and consent of the
16 Senate, may appoint a person to serve in the office under
17 subsection (c) of Section 12 of Article VI of the Illinois
18 Constitution. The person appointed by the Governor must meet
19 all constitutional and statutory requirements that apply to
20 the particular office that is being filled. The method set
21 forth in this Section is the sole and exclusive method by
22 which an appointment may be made to fill a vacancy occurring
23 in the office of Supreme, Appellate, or Circuit Judge under
24 subsection (c) of Section 12 of Article VI of the Illinois
25 Constitution. The Supreme Court shall not fill any vacancy in
26 the office of Supreme, Appellate, or Circuit Judge. Nothing
27 in this Section applies to the filling of the office of
28 Associate Judge. Nothing in this Section abrogates any
29 appointment made by the Supreme Court under subsection (c) of
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1 Section 12 of Article VI of the Illinois Constitution before
2 the effective date of this amendatory Act of 1997. Nothing
3 in this Section authorizes the filling of a particular
4 vacancy if a law provides that the vacancy shall not be
5 filled.
6 (705 ILCS 40/2) (from Ch. 37, par. 72.42)
7 Sec. 2. (a) Except as provided in paragraphs (1), (2),
8 (3) and (4) of this subsection (a), vacancies in the office
9 of a resident circuit judge in any county or in any unit or
10 subcircuit of any circuit shall not be filled.
11 (1) If in any county of less than 45,000
12 inhabitants there remains in office no other resident
13 judge following the occurrence of a vacancy, such vacancy
14 shall be filled.
15 (2) If in any county of 45,000 or more but less
16 than 60,000 inhabitants there remains in office only one
17 resident judge following the occurrence of a vacancy,
18 such vacancy shall be filled.
19 (3) If in any county of 60,000 or more inhabitants,
20 other than the County of Cook, there remain in office no
21 more than 2 resident judges following the occurrence of a
22 vacancy, such vacancy shall be filled.
23 (4) The County of Cook shall have 165 resident
24 judges on and after the effective date of this amendatory
25 Act of 1990. Of those resident judgeships, (i) 56 shall
26 be those authorized before the effective date of this
27 amendatory Act of 1990 from the unit of the Circuit of
28 Cook County within Chicago, (ii) 27 shall be those
29 authorized before the effective date of this amendatory
30 Act of 1990 from the unit of the Circuit of Cook County
31 outside Chicago, (iii) 12 shall be additional resident
32 judgeships first elected at the general election in
33 November of 1992, (iv) 10 shall be additional resident
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1 judgeships first elected at the general election in
2 November of 1994, and (v) 60 shall be additional resident
3 judgeships to be authorized one each for each reduction
4 upon vacancy in the office of associate judge in the
5 Circuit of Cook County as those vacancies exist or occur
6 on and after the effective date of this amendatory Act of
7 1990 and as those vacancies are determined under
8 subsection (b) of Section 2 of the Associate Judges Act
9 until the total resident judgeships authorized under this
10 item (v) is 60. Seven of the 12 additional resident
11 judgeships provided in item (iii) may be filled by
12 appointment by the Supreme Court during the period
13 beginning on the effective date of this amendatory Act of
14 1990 and ending 60 days before the primary election in
15 March of 1992; those judicial appointees shall serve
16 until the first Monday in December of 1992. Five of the
17 12 additional resident judgeships provided in item (iii)
18 may be filled by appointment by the Supreme Court during
19 the period beginning July 1, 1991 and ending 60 days
20 before the primary election in March of 1992; those
21 judicial appointees shall serve until the first Monday in
22 December of 1992. Five of the 10 additional resident
23 judgeships provided in item (iv) may be filled by
24 appointment by the Supreme Court during the period
25 beginning July 1, 1992 and ending 60 days before the
26 primary election in March of 1994; those judicial
27 appointees shall serve until the first Monday in December
28 of 1994. The remaining 5 of the 10 additional resident
29 judgeships provided in item (iv) may be filled by
30 appointment by the Supreme Court during the period
31 beginning July 1, 1993 and ending 60 days before the
32 primary election in March of 1994; those judicial
33 appointees shall serve until the first Monday in December
34 1994. The additional resident judgeships created upon
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1 vacancy in the office of associate judge provided in item
2 (v) may be filled by appointment by the Supreme Court
3 beginning on the effective date of this amendatory Act of
4 1990; but no additional resident judgeships created upon
5 vacancy in the office of associate judge provided in item
6 (v) shall be filled during the 59 day period before the
7 next primary election to nominate judges. The Circuit of
8 Cook County shall be divided into units to be known as
9 subcircuits as provided in Section 2f of the Circuit
10 Courts Act. A vacancy in the office of resident judge of
11 the Circuit of Cook County existing on or occurring on or
12 after the effective date of this amendatory Act of 1990,
13 but before the date the subcircuits are created by law,
14 shall be filled by appointment by the Supreme Court from
15 the unit within Chicago or the unit outside Chicago, as
16 the case may be, in which the vacancy occurs and filled
17 by election from the subcircuit to which it is allotted
18 under Section 2f of the Circuit Courts Act. A vacancy in
19 the office of resident judge of the Circuit of Cook
20 County existing on or occurring on or after the date the
21 subcircuits are created by law shall be filled in
22 accordance with Section 1.5 by appointment by the Supreme
23 Court and by election from the subcircuit to which it is
24 allotted under Section 2f of the Circuit Courts Act.
25 (b) Nothing in paragraphs (2) or (3) of subsection (a)
26 of this Section shall be construed to require or permit in
27 any county a greater number of resident judges than there
28 were resident associate judges on January 1, 1967.
29 (c) Vacancies authorized to be filled by this Section 2
30 shall be filled in the manner provided in Section 1.5 Article
31 VI of the Constitution.
32 (Source: P.A. 86-786; 86-1478.)
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.