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92_SC0018 LRB9208319DJgc 1 SENATE JOINT RESOLUTION 2 CONSTITUTIONAL AMENDMENT 3 RESOLVED, BY THE SENATE OF THE NINETY-SECOND GENERAL 4 ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF 5 REPRESENTATIVES CONCURRING HEREIN, that there shall be 6 submitted to the electors of the State for adoption or 7 rejection at the general election next occurring at least 6 8 months after the adoption of this resolution a proposition to 9 amend Sections 1, 3, 4, 6, 10, 12, 16, and 18 of Article VI 10 of the Illinois Constitution to read as follows: 11 ARTICLE VI 12 (ILCON Art. VI, Sec. 1) 13 SECTION 1. COURTS 14 The judicial power is vested in a Supreme Court, a Court 15 of Criminal Appeals, an Appellate Court, and Circuit Courts. 16 (Source: Illinois Constitution.) 17 (ILCON Art. VI, Sec. 3) 18 SECTION 3. SUPREME COURT; COURT OF CRIMINAL APPEALS; 19 ORGANIZATION 20 (a) The Supreme Court shall consist of seven Judges. 21 Three shall be selected from the First Judicial District and 22 one from each of the other Judicial Districts. Four judges 23 constitute a quorum and the concurrence of four is necessary 24 for a decision. Supreme Court Judges shall select a Chief 25 Justice from their number to serve for a term of three years. 26 (b) The Court of Criminal Appeals shall consist of seven 27 Judges. The judges shall be appointed at large by the 28 Governor with the advice and consent of the Senate. Four 29 Judges constitute a quorum and the concurrence of four is 30 necessary for a decision. Court of Criminal Appeals Judges 31 shall select a Chief Justice from their number to serve for a -2- LRB9208319DJgc 1 term of three years. 2 (Source: Illinois Constitution.) 3 (ILCON Art. VI, Sec. 4) 4 SECTION 4. SUPREME COURT; SUPREME COURT OF CRIMINAL APPEALS; 5 JURISDICTION 6 (a) The Supreme Court may exercise original jurisdiction 7 in civil cases relating to revenue, mandamus, prohibition or 8 habeas corpus and as may be necessary to the complete 9 determination of any civil case on review. 10 (b)
Appeals from judgments of Circuit Courts imposing a11 sentence of death shall be directly to the Supreme Court as a12 matter of right.The Supreme Court shall provide by rule for 13 direct appeal from judgments of Circuit Courts to it in civil 14 othercases. 15 (c) Appeals from the Appellate Court to the Supreme 16 Court are a matter of right if a question under the 17 Constitution of the United States or of this State in civil 18 cases arises for the first time in and as a result of the 19 action of the Appellate Court, or if a division of the 20 Appellate Court certifies that a civil case decided by it 21 involves a question of such importance that the case should 22 be decided by the Supreme Court. The Supreme Court may 23 provide by rule for appeals from the Appellate Court in other 24 civil cases. 25 (d) The Court of Criminal Appeals may exercise original 26 jurisdiction in criminal cases arising after the effective 27 date of this Constitutional Amendment relating to mandamus, 28 prohibition, or habeas corpus and as may be necessary to the 29 complete determination of any criminal cases on review, 30 except those criminal cases for which an appeal was filed 31 with the Supreme Court before the effective date of this 32 Constitutional Amendment, which cases shall be under the 33 jurisdiction of the Supreme Court. -3- LRB9208319DJgc 1 Appeals from the Appellate Court to the Court of Criminal 2 Appeals are a matter of right if a question under the 3 Constitution of the United States or of this State in 4 criminal cases arises for the first time in and as a result 5 of the action of the Appellate Court, or if a division of the 6 Appellate Court certifies that a criminal case decided by it 7 involves a question of such importance that the case should 8 be decided by the Court of Criminal Appeals. The Court of 9 Criminal Appeals may provide by rule for appeals from the 10 Appellate Court in other criminal cases. Appeals from 11 judgments of Circuit Courts imposing a sentence of death 12 shall be directly to the Court of Criminal Appeals as a 13 matter of right. The Court of Criminal Appeals shall provide 14 by rule for direct appeal in other criminal cases. 15 (Source: Illinois Constitution.) 16 (ILCON Art. VI, Sec. 6) 17 SECTION 6. APPELLATE COURT - JURISDICTION 18 Appeals from final judgments of a Circuit Court are a 19 matter of right to the Appellate Court in the Judicial 20 District in which the Circuit Court is located except in 21 cases appealable directly to the Supreme Court or to the 22 Court of Criminal Appeals and except that after a trial on 23 the merits in a criminal case, there shall be no appeal from 24 a judgment of acquittal. The Supreme Court and the Court of 25 Criminal Appeals may each provide by rule for appeals to the 26 Appellate Court from other than final judgments of Circuit 27 Courts. The Appellate Court may exercise original 28 jurisdiction when necessary to the complete determination of 29 any case on review. The Appellate Court shall have such 30 powers of direct review of administrative action as provided 31 by law. 32 (Source: Illinois Constitution.) -4- LRB9208319DJgc 1 (ILCON Art. VI, Sec. 10) 2 SECTION 10. TERMS OF OFFICE 3 The terms of office of Supreme and Appellate Court Judges 4 shall be ten years; of Circuit Judges, six years; and of 5 Associate Judges, four years. The terms of office of Court of 6 Criminal Appeals Judges shall be as provided by law. 7 (Source: Illinois Constitution.) 8 (ILCON Art. VI, Sec. 12) 9 SECTION 12. ELECTION AND RETENTION 10 (a) Supreme, Appellate and Circuit Judges shall be 11 nominated at primary elections or by petition. Judges shall 12 be elected at general or judicial elections as the General 13 Assembly shall provide by law. A person eligible for the 14 office of Judge may cause his name to appear on the ballot as 15 a candidate for Judge at the primary and at the general or 16 judicial elections by submitting petitions. The General 17 Assembly shall prescribe by law the requirements for 18 petitions. 19 (b) The office of a Judge shall be vacant upon his 20 death, resignation, retirement, removal, or upon the 21 conclusion of his term without retention in office. Whenever 22 an additional Appellate or Circuit Judge is authorized by 23 law, the office shall be filled in the manner provided for 24 filling a vacancy in that office. 25 (c) A vacancy occurring in the office of Supreme Court 26 Judge, Court of Criminal Appeals Judge, Appellate Judge, or 27 Circuit Judge shall be filled as the General Assembly may 28 provide by law. In the absence of a law, vacancies may be 29 filled by appointment by the Supreme Court, except a vacancy 30 occurring in the office of Court of Criminal Appeals Judge. 31 In the absence of a law, a vacancy occurring in the office of 32 Judge of the Court of Criminal Appeals may be filled by 33 appointment by the Court of Criminal Appeals. A person -5- LRB9208319DJgc 1 appointed to fill a vacancy 60 or more days prior to the next 2 primary election to nominate Judges shall serve until the 3 vacancy is filled for a term at the next general or judicial 4 election. A person appointed to fill a vacancy less than 60 5 days prior to the next primary election to nominate Judges 6 shall serve until the vacancy is filled at the second general 7 or judicial election following such appointment. 8 (d) Not less than six months before the general election 9 preceding the expiration of his term of office, a Supreme, 10 Appellate or Circuit Judge who has been elected to that 11 office may file in the office of the Secretary of State a 12 declaration of candidacy to succeed himself. The Secretary of 13 State, not less than 63 days before the election, shall 14 certify the Judge's candidacy to the proper election 15 officials. The names of Judges seeking retention shall be 16 submitted to the electors, separately and without party 17 designation, on the sole question whether each Judge shall be 18 retained in office for another term. The retention elections 19 shall be conducted at general elections in the appropriate 20 Judicial District, for Supreme and Appellate Judges, and in 21 the circuit for Circuit Judges. The affirmative vote of 22 three-fifths of the electors voting on the question shall 23 elect the Judge to the office for a term commencing on the 24 first Monday in December following his election. 25 (e) A law reducing the number of Appellate or Circuit 26 Judges shall be without prejudice to the right of the Judges 27 affected to seek retention in office. A reduction shall 28 become effective when a vacancy occurs in the affected unit. 29 (Source: Illinois Constitution.) 30 (ILCON Art. VI, Sec. 16) 31 SECTION 16. ADMINISTRATION 32 General administrative and supervisory authority over all 33 courts is vested in the Supreme Court and shall be exercised -6- LRB9208319DJgc 1 by the Chief Justice in accordance with its rules, except 2 that the Court of Criminal Appeals shall have general 3 administrative and supervisory authority over all courts in 4 relation to criminal cases which shall be exercised by the 5 Chief Justice of the Court of Criminal Appeals in accordance 6 with its rules. The Supreme Court shall appoint an 7 administrative director and staff, who shall serve at its 8 pleasure, to assist the Chief Justice in his duties. The 9 Supreme Court may assign a Judge temporarily to any court and 10 an Associate Judge to serve temporarily as an Associate Judge 11 on any Circuit Court. The Supreme Court shall provide by rule 12 for expeditious and inexpensive appeals in civil cases. The 13 Court of Criminal Appeals shall provide by rule for 14 expeditious and inexpensive appeals in criminal cases. 15 (Source: Illinois Constitution.) 16 (ILCON Art. VI, Sec. 18) 17 SECTION 18. CLERKS OF COURTS 18 (a) The Supreme Court, the Court of Criminal Appeals, 19 and the Appellate Court Judges of each Judicial District, 20 respectively, shall appoint a clerk and other non-judicial 21 officers for their Court or District. 22 (b) The General Assembly shall provide by law for the 23 election, or for the appointment by Circuit Judges, of clerks 24 and other non-judicial officers of the Circuit Courts and for 25 their terms of office and removal for cause. 26 (c) The salaries of clerks and other non-judicial 27 officers shall be as provided by law. 28 (Source: Illinois Constitution.) 29 SCHEDULE 30 This Amendment takes effect on the first Monday in 31 December following the 2002 general election.
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