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91_HB1853ham001
LRB9103380DJcdam
1 AMENDMENT TO HOUSE BILL 1853
2 AMENDMENT NO. . Amend House Bill 1853 as follows:
3 by replacing the title with the following:
4 "AN ACT concerning courts, amending named Acts."; 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
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1 and in the circuit where the seat of State government is
2 situated at the time fixed by law for the nomination of
3 judges of the Circuit Court in such circuit and in any
4 circuit which meets the requirements set out in Section 2a of
5 this Act, 4 circuit judges shall be elected in the manner
6 provided by law. In circuits other than Cook County in which
7 each county in the circuit has a population of 475,000 or
8 more, 4 circuit judges shall be elected in addition to the 4
9 circuit judges provided for in this Section. In any circuit
10 composed of 2 counties having a total population of 350,000
11 or more, one circuit judge shall be elected in addition to
12 the 4 circuit judges provided for in this Section. The
13 several judges of the circuit courts of this State, before
14 entering upon the duties of their office, shall take and
15 subscribe the following oath or affirmation, which shall be
16 filed in the office of the Secretary of State:
17 "I do solemnly swear (or affirm, as the case may be) that
18 I will support the constitution of the United States, and the
19 constitution of the State of Illinois, and that I will
20 faithfully discharge the duties of judge of.... court,
21 according to the best of my ability."
22 One of the 3 additional circuit judgeships authorized by
23 this amendatory Act in circuits other than Cook County in
24 which each county in the circuit has a population of 475,000
25 or more may be filled when this Act becomes law. The 2
26 remaining circuit judgeships in such circuits shall not be
27 filled until on or after July 1, 1977.
28 (Source: P.A. 86-786; 86-1478.)
29 Section 10. The Judicial Vacancies Act is amended by
30 changing Section 2 as follows:
31 (705 ILCS 40/2) (from Ch. 37, par. 72.42)
32 Sec. 2. Vacancies in office of judge.
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1 (a) Except as provided in paragraphs (1), (2), (3) and
2 (4) of this subsection (a), vacancies in the office of a
3 resident circuit judge in any county or in any unit or
4 subcircuit of any circuit shall not be filled.
5 (1) If in any county of less than 45,000
6 inhabitants there remains in office no other resident
7 judge following the occurrence of a vacancy, such vacancy
8 shall be filled.
9 (2) If in any county of 45,000 or more but less
10 than 60,000 inhabitants there remains in office only one
11 resident judge following the occurrence of a vacancy,
12 such vacancy shall be filled.
13 (3) If in any county of 60,000 or more inhabitants,
14 other than the County of Cook, there remain in office no
15 more than 2 resident judges following the occurrence of a
16 vacancy, such vacancy shall be filled.
17 (4) The County of Cook shall have 165 resident
18 judges on and after the effective date of this amendatory
19 Act of 1990. Of those resident judgeships, (i) 56 shall
20 be those authorized before the effective date of this
21 amendatory Act of 1990 from the unit of the Circuit of
22 Cook County within Chicago, (ii) 27 shall be those
23 authorized before the effective date of this amendatory
24 Act of 1990 from the unit of the Circuit of Cook County
25 outside Chicago, (iii) 12 shall be additional resident
26 judgeships first elected at the general election in
27 November of 1992, (iv) 10 shall be additional resident
28 judgeships first elected at the general election in
29 November of 1994, and (v) 60 shall be additional resident
30 judgeships to be authorized one each for each reduction
31 upon vacancy in the office of associate judge in the
32 Circuit of Cook County as those vacancies exist or occur
33 on and after the effective date of this amendatory Act of
34 1990 and as those vacancies are determined under
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1 subsection (b) of Section 2 of the Associate Judges Act
2 until the total resident judgeships authorized under this
3 item (v) is 60. Seven of the 12 additional resident
4 judgeships provided in item (iii) may be filled by
5 appointment by the Supreme Court during the period
6 beginning on the effective date of this amendatory Act of
7 1990 and ending 60 days before the primary election in
8 March of 1992; those judicial appointees shall serve
9 until the first Monday in December of 1992. Five of the
10 12 additional resident judgeships provided in item (iii)
11 may be filled by appointment by the Supreme Court during
12 the period beginning July 1, 1991 and ending 60 days
13 before the primary election in March of 1992; those
14 judicial appointees shall serve until the first Monday in
15 December of 1992. Five of the 10 additional resident
16 judgeships provided in item (iv) may be filled by
17 appointment by the Supreme Court during the period
18 beginning July 1, 1992 and ending 60 days before the
19 primary election in March of 1994; those judicial
20 appointees shall serve until the first Monday in December
21 of 1994. The remaining 5 of the 10 additional resident
22 judgeships provided in item (iv) may be filled by
23 appointment by the Supreme Court during the period
24 beginning July 1, 1993 and ending 60 days before the
25 primary election in March of 1994; those judicial
26 appointees shall serve until the first Monday in December
27 1994. The additional resident judgeships created upon
28 vacancy in the office of associate judge provided in item
29 (v) may be filled by appointment by the Supreme Court
30 beginning on the effective date of this amendatory Act of
31 1990; but no additional resident judgeships created upon
32 vacancy in the office of associate judge provided in item
33 (v) shall be filled during the 59 day period before the
34 next primary election to nominate judges. The Circuit of
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1 Cook County shall be divided into units to be known as
2 subcircuits as provided in Section 2f of the Circuit
3 Courts Act. A vacancy in the office of resident judge of
4 the Circuit of Cook County existing on or occurring on or
5 after the effective date of this amendatory Act of 1990,
6 but before the date the subcircuits are created by law,
7 shall be filled by appointment by the Supreme Court from
8 the unit within Chicago or the unit outside Chicago, as
9 the case may be, in which the vacancy occurs and filled
10 by election from the subcircuit to which it is allotted
11 under Section 2f of the Circuit Courts Act. A vacancy in
12 the office of resident judge of the Circuit of Cook
13 County existing on or occurring on or after the date the
14 subcircuits are created by law shall be filled by
15 appointment by the Supreme Court and by election from the
16 subcircuit to which it is allotted under Section 2f of
17 the Circuit Courts Act.
18 (b) Nothing in paragraphs (2) or (3) of subsection (a)
19 of this Section shall be construed to require or permit in
20 any county a greater number of resident judges than there
21 were resident associate judges on January 1, 1967.
22 (c) Vacancies authorized to be filled by this Section 2
23 shall be filled in the manner provided in Article VI of the
24 Constitution.
25 (d) A person appointed to fill a vacancy in the office
26 of circuit judge shall be, at the time of appointment, a
27 resident of the subcircuit from which the person whose
28 vacancy is being filled was elected if the vacancy occurred
29 in Cook County. If a vacancy in the office of circuit judge
30 occurred in a circuit other than Cook County, a person
31 appointed to fill the vacancy shall be, at the time of
32 appointment, a resident of the circuit from which the person
33 whose vacancy is being filled was elected. If a vacancy
34 occurred in the office of a resident circuit judge, a person
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1 appointed to fill the vacancy shall be, at the time of
2 appointment, a resident of the county from which the person
3 whose vacancy is being filled was elected.
4 (Source: P.A. 90-342, eff. 8-8-97.)
5 Section 15. The Associate Judges Act is amended by
6 changing Section 2 as follows:
7 (705 ILCS 45/2) (from Ch. 37, par. 160.2)
8 Sec. 2. Number of associate judges.
9 (a) The maximum number of associate judges authorized
10 for each circuit is one for each 35,000 or fraction thereof
11 in population as determined by the last preceding Federal
12 census, except for circuits with a population of more than
13 3,000,000 where the maximum number of associate judges is one
14 for each 29,000 or fraction thereof in population as
15 determined by the last preceding federal census, reduced in
16 circuits of less than 200,000 inhabitants by the number of
17 resident circuit judges elected in the circuit in excess of
18 one per county. In addition, in circuits of 1,000,000 or
19 more inhabitants, there shall be one additional associate
20 judge authorized for each municipal district of the circuit
21 court. The number of associate judges to be appointed in each
22 circuit, not to exceed the maximum authorized, shall be
23 determined from time to time by the Circuit Court. The
24 minimum number of associate judges authorized for any circuit
25 consisting of a single county shall be 14. The minimum
26 number of associate judges authorized for any circuit
27 consisting of 2 counties with a combined population of at
28 least 275,000 but less than 300,000 shall be 10. The minimum
29 number of associate judges authorized for any circuit with a
30 population of at least 303,000 but not more than 309,000
31 shall be 10. The minimum number of associate judges
32 authorized for any circuit with a population of at least
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1 329,000, but not more than 335,000 shall be 11. The minimum
2 number of associate judges authorized for any circuit with a
3 population of at least 173,000 but not more than 177,000
4 shall be 5. As used in this Section, the term "resident
5 circuit judge" has the meaning given it in the Judicial
6 Vacancies Act.
7 (b) The maximum number of associate judges authorized
8 under subsection (a) for a circuit with a population of more
9 than 3,000,000 shall be reduced as provided in this
10 subsection (b). For each vacancy that exists on or occurs on
11 or after the effective date of this amendatory Act of 1990,
12 that maximum number shall be reduced by one until the total
13 number of associate judges authorized under subsection (a) is
14 reduced by 60. A vacancy exists or occurs when an associate
15 judge dies, resigns, retires, is removed, or is not
16 reappointed upon expiration of his or her term; a vacancy
17 does not exist or occur at the expiration of a term if the
18 associate judge is reappointed.
19 (Source: P.A. 86-786; 86-1478; 87-145; 87-435; 87-1073;
20 87-1230; 87-1261.)".