[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_HB1854ham001
LRB9103379DJtmam
1 AMENDMENT TO HOUSE BILL 1854
2 AMENDMENT NO. ___. Amend House Bill 1854 as follows:
3 by replacing the title with the following:
4 "AN ACT to amend the Judicial Vacancies Act by changing
5 Section 2."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Judicial Vacancies Act is amended by
9 changing Section 2 as follows:
10 (705 ILCS 40/2) (from Ch. 37, par. 72.42)
11 Sec. 2. Vacancies in office of judge.
12 (a) Except as provided in paragraphs (1), (2), (3) and
13 (4) of this subsection (a), vacancies in the office of a
14 resident circuit judge in any county or in any unit or
15 subcircuit of any circuit shall not be filled.
16 (1) If in any county of less than 45,000
17 inhabitants there remains in office no other resident
18 judge following the occurrence of a vacancy, such vacancy
19 shall be filled.
20 (2) If in any county of 45,000 or more but less
21 than 60,000 inhabitants there remains in office only one
-2- LRB9103379DJtmam
1 resident judge following the occurrence of a vacancy,
2 such vacancy shall be filled.
3 (3) If in any county of 60,000 or more inhabitants,
4 other than the County of Cook, there remain in office no
5 more than 2 resident judges following the occurrence of a
6 vacancy, such vacancy shall be filled.
7 (4) The County of Cook shall have 165 resident
8 judges on and after the effective date of this amendatory
9 Act of 1990. Of those resident judgeships, (i) 56 shall
10 be those authorized before the effective date of this
11 amendatory Act of 1990 from the unit of the Circuit of
12 Cook County within Chicago, (ii) 27 shall be those
13 authorized before the effective date of this amendatory
14 Act of 1990 from the unit of the Circuit of Cook County
15 outside Chicago, (iii) 12 shall be additional resident
16 judgeships first elected at the general election in
17 November of 1992, (iv) 10 shall be additional resident
18 judgeships first elected at the general election in
19 November of 1994, and (v) 60 shall be additional resident
20 judgeships to be authorized one each for each reduction
21 upon vacancy in the office of associate judge in the
22 Circuit of Cook County as those vacancies exist or occur
23 on and after the effective date of this amendatory Act of
24 1990 and as those vacancies are determined under
25 subsection (b) of Section 2 of the Associate Judges Act
26 until the total resident judgeships authorized under this
27 item (v) is 60. Seven of the 12 additional resident
28 judgeships provided in item (iii) may be filled by
29 appointment by the Supreme Court during the period
30 beginning on the effective date of this amendatory Act of
31 1990 and ending 60 days before the primary election in
32 March of 1992; those judicial appointees shall serve
33 until the first Monday in December of 1992. Five of the
34 12 additional resident judgeships provided in item (iii)
-3- LRB9103379DJtmam
1 may be filled by appointment by the Supreme Court during
2 the period beginning July 1, 1991 and ending 60 days
3 before the primary election in March of 1992; those
4 judicial appointees shall serve until the first Monday in
5 December of 1992. Five of the 10 additional resident
6 judgeships provided in item (iv) may be filled by
7 appointment by the Supreme Court during the period
8 beginning July 1, 1992 and ending 60 days before the
9 primary election in March of 1994; those judicial
10 appointees shall serve until the first Monday in December
11 of 1994. The remaining 5 of the 10 additional resident
12 judgeships provided in item (iv) may be filled by
13 appointment by the Supreme Court during the period
14 beginning July 1, 1993 and ending 60 days before the
15 primary election in March of 1994; those judicial
16 appointees shall serve until the first Monday in December
17 1994. The additional resident judgeships created upon
18 vacancy in the office of associate judge provided in item
19 (v) may be filled by appointment by the Supreme Court
20 beginning on the effective date of this amendatory Act of
21 1990; but no additional resident judgeships created upon
22 vacancy in the office of associate judge provided in item
23 (v) shall be filled during the 59 day period before the
24 next primary election to nominate judges. The Circuit of
25 Cook County shall be divided into units to be known as
26 subcircuits as provided in Section 2f of the Circuit
27 Courts Act. A vacancy in the office of resident judge of
28 the Circuit of Cook County existing on or occurring on or
29 after the effective date of this amendatory Act of 1990,
30 but before the date the subcircuits are created by law,
31 shall be filled by appointment by the Supreme Court from
32 the unit within Chicago or the unit outside Chicago, as
33 the case may be, in which the vacancy occurs and filled
34 by election from the subcircuit to which it is allotted
-4- LRB9103379DJtmam
1 under Section 2f of the Circuit Courts Act. A vacancy in
2 the office of resident judge of the Circuit of Cook
3 County existing on or occurring on or after the date the
4 subcircuits are created by law shall be filled by
5 appointment by the Supreme Court and by election from the
6 subcircuit to which it is allotted under Section 2f of
7 the Circuit Courts Act.
8 (b) Nothing in paragraphs (2) or (3) of subsection (a)
9 of this Section shall be construed to require or permit in
10 any county a greater number of resident judges than there
11 were resident associate judges on January 1, 1967.
12 (c) Vacancies authorized to be filled by this Section 2
13 shall be filled in the manner provided in Article VI of the
14 Constitution.
15 (d) A person appointed to fill a vacancy in the office
16 of circuit judge shall be, at the time of appointment, a
17 resident of the subcircuit from which the person whose
18 vacancy is being filled was elected if the vacancy occurred
19 in Cook County. If a vacancy in the office of circuit judge
20 occurred in a circuit other than Cook County, a person
21 appointed to fill the vacancy shall be, at the time of
22 appointment, a resident of the circuit from which the person
23 whose vacancy is being filled was elected. If a vacancy
24 occurred in the office of a resident circuit judge, a person
25 appointed to fill the vacancy shall be, at the time of
26 appointment, a resident of the county from which the person
27 whose vacancy is being filled was elected.
28 (Source: P.A. 90-342, eff. 8-8-97.)".