Public Act 093-0541
Public Act 93-0541 of the 93rd General Assembly
Public Act 93-0541
SB75 Enrolled LRB093 03372 JAM 03390 b
AN ACT concerning the courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 7-7 and 7-8 as follows:
(10 ILCS 5/7-7) (from Ch. 46, par. 7-7)
Sec. 7-7. For the purpose of making nominations in
certain instances as provided in this Article and this Act,
the following committees are authorized and shall constitute
the central or managing committees of each political party,
viz: A State central committee, a congressional committee for
each congressional district, a county central committee for
each county, a municipal central committee for each city,
incorporated town or village, a ward committeeman for each
ward in cities containing a population of 500,000 or more; a
township committeeman for each township or part of a township
that lies outside of cities having a population of 200,000 or
more, in counties having a population of 2,000,000 or more; a
precinct committeeman for each precinct in counties having a
population of less than 2,000,000; a county board district
committee for each county board district created under
Division 2-3 of the Counties Code; a State's Attorney
committee for each group of 2 or more counties which jointly
elect a State's Attorney; a Superintendent of Multi-County
Educational Service Region committee for each group of 2 or
more counties which jointly elect a Superintendent of a
Multi-County Educational Service Region; and a judicial
subcircuit committee in a judicial circuit divided into
subcircuits Cook County for each judicial subcircuit in that
circuit Cook County.
(Source: P.A. 87-1052.)
(10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
Sec. 7-8. The State central committee shall be composed
of one or two members from each congressional district in the
State and shall be elected as follows:
State Central Committee
(a) Within 30 days after the effective date of this
amendatory Act of 1983 the State central committee of each
political party shall certify to the State Board of Elections
which of the following alternatives it wishes to apply to the
State central committee of that party.
Alternative A. At the primary held on the third Tuesday
in March 1970, and at the primary held every 4 years
thereafter, each primary elector may vote for one candidate
of his party for member of the State central committee for
the congressional district in which he resides. The
candidate receiving the highest number of votes shall be
declared elected State central committeeman from the
district. A political party may, in lieu of the foregoing, by
a majority vote of delegates at any State convention of such
party, determine to thereafter elect the State central
committeemen in the manner following:
At the county convention held by such political party
State central committeemen shall be elected in the same
manner as provided in this Article for the election of
officers of the county central committee, and such election
shall follow the election of officers of the county central
committee. Each elected ward, township or precinct
committeeman shall cast as his vote one vote for each ballot
voted in his ward, township, part of a township or precinct
in the last preceding primary election of his political
party. In the case of a county lying partially within one
congressional district and partially within another
congressional district, each ward, township or precinct
committeeman shall vote only with respect to the
congressional district in which his ward, township, part of a
township or precinct is located. In the case of a
congressional district which encompasses more than one
county, each ward, township or precinct committeeman residing
within the congressional district shall cast as his vote one
vote for each ballot voted in his ward, township, part of a
township or precinct in the last preceding primary election
of his political party for one candidate of his party for
member of the State central committee for the congressional
district in which he resides and the Chairman of the county
central committee shall report the results of the election to
the State Board of Elections. The State Board of Elections
shall certify the candidate receiving the highest number of
votes elected State central committeeman for that
congressional district.
The State central committee shall adopt rules to provide
for and govern the procedures to be followed in the election
of members of the State central committee.
After the effective date of this amendatory Act of the
91st General Assembly, whenever a vacancy occurs in the
office of Chairman of a State central committee, or at the
end of the term of office of Chairman, the State central
committee of each political party that has selected
Alternative A shall elect a Chairman who shall not be
required to be a member of the State Central Committee. The
Chairman shall be a registered voter in this State and of the
same political party as the State central committee.
Alternative B. Each congressional committee shall,
within 30 days after the adoption of this alternative,
appoint a person of the sex opposite that of the incumbent
member for that congressional district to serve as an
additional member of the State central committee until his or
her successor is elected at the general primary election in
1986. Each congressional committee shall make this
appointment by voting on the basis set forth in paragraph (e)
of this Section. In each congressional district at the
general primary election held in 1986 and every 4 years
thereafter, the male candidate receiving the highest number
of votes of the party's male candidates for State central
committeeman, and the female candidate receiving the highest
number of votes of the party's female candidates for State
central committeewoman, shall be declared elected State
central committeeman and State central committeewoman from
the district. At the general primary election held in 1986
and every 4 years thereafter, if all a party's candidates for
State central committeemen or State central committeewomen
from a congressional district are of the same sex, the
candidate receiving the highest number of votes shall be
declared elected a State central committeeman or State
central committeewoman from the district, and, because of a
failure to elect one male and one female to the committee, a
vacancy shall be declared to exist in the office of the
second member of the State central committee from the
district. This vacancy shall be filled by appointment by the
congressional committee of the political party, and the
person appointed to fill the vacancy shall be a resident of
the congressional district and of the sex opposite that of
the committeeman or committeewoman elected at the general
primary election. Each congressional committee shall make
this appointment by voting on the basis set forth in
paragraph (e) of this Section.
The Chairman of a State central committee composed as
provided in this Alternative B must be selected from the
committee's members.
Except as provided for in Alternative A with respect to
the selection of the Chairman of the State central committee,
under both of the foregoing alternatives, the State central
committee of each political party shall be composed of
members elected or appointed from the several congressional
districts of the State, and of no other person or persons
whomsoever. The members of the State central committee
shall, within 30 days after each quadrennial election of the
full committee, meet in the city of Springfield and organize
by electing a chairman, and may at such time elect such
officers from among their own number (or otherwise), as they
may deem necessary or expedient. The outgoing chairman of the
State central committee of the party shall, 10 days before
the meeting, notify each member of the State central
committee elected at the primary of the time and place of
such meeting. In the organization and proceedings of the
State central committee, each State central committeeman and
State central committeewoman shall have one vote for each
ballot voted in his or her congressional district by the
primary electors of his or her party at the primary election
immediately preceding the meeting of the State central
committee. Whenever a vacancy occurs in the State central
committee of any political party, the vacancy shall be filled
by appointment of the chairmen of the county central
committees of the political party of the counties located
within the congressional district in which the vacancy occurs
and, if applicable, the ward and township committeemen of the
political party in counties of 2,000,000 or more inhabitants
located within the congressional district. If the
congressional district in which the vacancy occurs lies
wholly within a county of 2,000,000 or more inhabitants, the
ward and township committeemen of the political party in that
congressional district shall vote to fill the vacancy. In
voting to fill the vacancy, each chairman of a county central
committee and each ward and township committeeman in counties
of 2,000,000 or more inhabitants shall have one vote for each
ballot voted in each precinct of the congressional district
in which the vacancy exists of his or her county, township,
or ward cast by the primary electors of his or her party at
the primary election immediately preceding the meeting to
fill the vacancy in the State central committee. The person
appointed to fill the vacancy shall be a resident of the
congressional district in which the vacancy occurs, shall be
a qualified voter, and, in a committee composed as provided
in Alternative B, shall be of the same sex as his or her
predecessor. A political party may, by a majority vote of the
delegates of any State convention of such party, determine to
return to the election of State central committeeman and
State central committeewoman by the vote of primary electors.
Any action taken by a political party at a State convention
in accordance with this Section shall be reported to the
State Board of Elections by the chairman and secretary of
such convention within 10 days after such action.
Ward, Township and Precinct Committeemen
(b) At the primary held on the third Tuesday in March,
1972, and every 4 years thereafter, each primary elector in
cities having a population of 200,000 or over may vote for
one candidate of his party in his ward for ward committeeman.
Each candidate for ward committeeman must be a resident of
and in the ward where he seeks to be elected ward
committeeman. The one having the highest number of votes
shall be such ward committeeman of such party for such ward.
At the primary election held on the third Tuesday in March,
1970, and every 4 years thereafter, each primary elector in
counties containing a population of 2,000,000 or more,
outside of cities containing a population of 200,000 or more,
may vote for one candidate of his party for township
committeeman. Each candidate for township committeeman must
be a resident of and in the township or part of a township
(which lies outside of a city having a population of 200,000
or more, in counties containing a population of 2,000,000 or
more), and in which township or part of a township he seeks
to be elected township committeeman. The one having the
highest number of votes shall be such township committeeman
of such party for such township or part of a township. At the
primary held on the third Tuesday in March, 1970 and every 2
years thereafter, each primary elector, except in counties
having a population of 2,000,000 or over, may vote for one
candidate of his party in his precinct for precinct
committeeman. Each candidate for precinct committeeman must
be a bona fide resident of the precinct where he seeks to be
elected precinct committeeman. The one having the highest
number of votes shall be such precinct committeeman of such
party for such precinct. The official returns of the primary
shall show the name of the committeeman of each political
party.
Terms of Committeemen. All precinct committeemen elected
under the provisions of this Article shall continue as such
committeemen until the date of the primary to be held in the
second year after their election. Except as otherwise
provided in this Section for certain State central
committeemen who have 2 year terms, all State central
committeemen, township committeemen and ward committeemen
shall continue as such committeemen until the date of primary
to be held in the fourth year after their election. However,
a vacancy exists in the office of precinct committeeman when
a precinct committeeman ceases to reside in the precinct in
which he was elected and such precinct committeeman shall
thereafter neither have nor exercise any rights, powers or
duties as committeeman in that precinct, even if a successor
has not been elected or appointed.
(c) The Multi-Township Central Committee shall consist
of the precinct committeemen of such party, in the
multi-township assessing district formed pursuant to Section
2-10 of the Property Tax Code and shall be organized for the
purposes set forth in Section 45-25 of the Township Code. In
the organization and proceedings of the Multi-Township
Central Committee each precinct committeeman shall have one
vote for each ballot voted in his precinct by the primary
electors of his party at the primary at which he was elected.
County Central Committee
(d) The county central committee of each political party
in each county shall consist of the various township
committeemen, precinct committeemen and ward committeemen, if
any, of such party in the county. In the organization and
proceedings of the county central committee, each precinct
committeeman shall have one vote for each ballot voted in his
precinct by the primary electors of his party at the primary
at which he was elected; each township committeeman shall
have one vote for each ballot voted in his township or part
of a township as the case may be by the primary electors of
his party at the primary election for the nomination of
candidates for election to the General Assembly immediately
preceding the meeting of the county central committee; and in
the organization and proceedings of the county central
committee, each ward committeeman shall have one vote for
each ballot voted in his ward by the primary electors of his
party at the primary election for the nomination of
candidates for election to the General Assembly immediately
preceding the meeting of the county central committee.
Congressional Committee
(e) The congressional committee of each party in each
congressional district shall be composed of the chairmen of
the county central committees of the counties composing the
congressional district, except that in congressional
districts wholly within the territorial limits of one county,
or partly within 2 or more counties, but not coterminous with
the county lines of all of such counties, the precinct
committeemen, township committeemen and ward committeemen, if
any, of the party representing the precincts within the
limits of the congressional district, shall compose the
congressional committee. A State central committeeman in each
district shall be a member and the chairman or, when a
district has 2 State central committeemen, a co-chairman of
the congressional committee, but shall not have the right to
vote except in case of a tie.
In the organization and proceedings of congressional
committees composed of precinct committeemen or township
committeemen or ward committeemen, or any combination
thereof, each precinct committeeman shall have one vote for
each ballot voted in his precinct by the primary electors of
his party at the primary at which he was elected, each
township committeeman shall have one vote for each ballot
voted in his township or part of a township as the case may
be by the primary electors of his party at the primary
election immediately preceding the meeting of the
congressional committee, and each ward committeeman shall
have one vote for each ballot voted in each precinct of his
ward located in such congressional district by the primary
electors of his party at the primary election immediately
preceding the meeting of the congressional committee; and in
the organization and proceedings of congressional committees
composed of the chairmen of the county central committees of
the counties within such district, each chairman of such
county central committee shall have one vote for each ballot
voted in his county by the primary electors of his party at
the primary election immediately preceding the meeting of the
congressional committee.
Judicial District Committee
(f) The judicial district committee of each political
party in each judicial district shall be composed of the
chairman of the county central committees of the counties
composing the judicial district.
In the organization and proceedings of judicial district
committees composed of the chairmen of the county central
committees of the counties within such district, each
chairman of such county central committee shall have one vote
for each ballot voted in his county by the primary electors
of his party at the primary election immediately preceding
the meeting of the judicial district committee.
Circuit Court Committee
(g) The circuit court committee of each political party
in each judicial circuit outside Cook County shall be
composed of the chairmen of the county central committees of
the counties composing the judicial circuit.
In the organization and proceedings of circuit court
committees, each chairman of a county central committee shall
have one vote for each ballot voted in his county by the
primary electors of his party at the primary election
immediately preceding the meeting of the circuit court
committee.
Judicial Subcircuit Committee
(g-1) The judicial subcircuit committee of each
political party in each judicial subcircuit in a judicial
circuit divided into subcircuits Cook County shall be
composed of (i) the ward and township committeemen of the
townships and wards composing the judicial subcircuit in Cook
County and (ii) the precinct committeemen of the precincts
composing the judicial subcircuit in any county other than
Cook County.
In the organization and proceedings of each judicial
subcircuit committee, each township committeeman shall have
one vote for each ballot voted in his township or part of a
township, as the case may be, in the judicial subcircuit by
the primary electors of his party at the primary election
immediately preceding the meeting of the judicial subcircuit
committee; each precinct committeeman shall have one vote for
each ballot voted in his precinct or part of a precinct, as
the case may be, in the judicial subcircuit by the primary
electors of his party at the primary election immediately
preceding the meeting of the judicial subcircuit committee;
and each ward committeeman shall have one vote for each
ballot voted in his ward or part of a ward, as the case may
be, in the judicial subcircuit by the primary electors of his
party at the primary election immediately preceding the
meeting of the judicial subcircuit committee.
Municipal Central Committee
(h) The municipal central committee of each political
party shall be composed of the precinct, township or ward
committeemen, as the case may be, of such party representing
the precincts or wards, embraced in such city, incorporated
town or village. The voting strength of each precinct,
township or ward committeeman on the municipal central
committee shall be the same as his voting strength on the
county central committee.
For political parties, other than a statewide political
party, established only within a municipality or township,
the municipal or township managing committee shall be
composed of the party officers of the local established
party. The party officers of a local established party shall
be as follows: the chairman and secretary of the caucus for
those municipalities and townships authorized by statute to
nominate candidates by caucus shall serve as party officers
for the purpose of filling vacancies in nomination under
Section 7-61; for municipalities and townships authorized by
statute or ordinance to nominate candidates by petition and
primary election, the party officers shall be the party's
candidates who are nominated at the primary. If no party
primary was held because of the provisions of Section 7-5,
vacancies in nomination shall be filled by the party's
remaining candidates who shall serve as the party's officers.
Powers
(i) Each committee and its officers shall have the
powers usually exercised by such committees and by the
officers thereof, not inconsistent with the provisions of
this Article. The several committees herein provided for
shall not have power to delegate any of their powers, or
functions to any other person, officer or committee, but this
shall not be construed to prevent a committee from appointing
from its own membership proper and necessary subcommittees.
(j) The State central committee of a political party
which elects it members by Alternative B under paragraph (a)
of this Section shall adopt a plan to give effect to the
delegate selection rules of the national political party and
file a copy of such plan with the State Board of Elections
when approved by a national political party.
(k) For the purpose of the designation of a proxy by a
Congressional Committee to vote in place of an absent State
central committeeman or committeewoman at meetings of the
State central committee of a political party which elects its
members by Alternative B under paragraph (a) of this Section,
the proxy shall be appointed by the vote of the ward and
township committeemen, if any, of the wards and townships
which lie entirely or partially within the Congressional
District from which the absent State central committeeman or
committeewoman was elected and the vote of the chairmen of
the county central committees of those counties which lie
entirely or partially within that Congressional District and
in which there are no ward or township committeemen. When
voting for such proxy the county chairman, ward committeeman
or township committeeman, as the case may be shall have one
vote for each ballot voted in his county, ward or township,
or portion thereof within the Congressional District, by the
primary electors of his party at the primary at which he was
elected. However, the absent State central committeeman or
committeewoman may designate a proxy when permitted by the
rules of a political party which elects its members by
Alternative B under paragraph (a) of this Section.
(Source: P.A. 90-627, eff. 7-10-98; 91-426, eff. 8-6-99.)
Section 10. The Circuit Courts Act is amended by changing
Sections 1 and 2 and by adding Sections 2f-1, 2f-2, 2f-4, and
2f-5 as follows:
(705 ILCS 35/1) (from Ch. 37, par. 72.1)
Sec. 1. Judicial circuits created. The county of Cook
shall be one judicial circuit and the State of Illinois,
exclusive of the county of Cook, shall be and is divided into
judicial circuits as follows:
First Circuit--The counties of Alexander, Pulaski,
Massac, Pope, Johnson, Union, Jackson, Williamson and Saline.
Second Circuit--The counties of Hardin, Gallatin, White,
Hamilton, Franklin, Wabash, Edwards, Wayne, Jefferson,
Richland, Lawrence and Crawford.
Third Circuit--The counties of Madison and Bond.
Fourth Circuit--The counties of Clinton, Marion, Clay,
Fayette, Effingham, Jasper, Montgomery, Shelby and Christian.
Fifth Circuit--The counties of Vermilion, Edgar, Clark,
Cumberland and Coles.
Sixth Circuit--The counties of Champaign, Douglas,
Moultrie, Macon, DeWitt and Piatt.
Seventh Circuit--The counties of Sangamon, Macoupin,
Morgan, Scott, Greene and Jersey.
Eighth Circuit--The counties of Adams, Schuyler, Mason,
Cass, Brown, Pike, Calhoun and Menard.
Ninth Circuit--The counties of Knox, Warren, Henderson,
Hancock, McDonough and Fulton.
Tenth Circuit--The counties of Peoria, Marshall, Putnam,
Stark and Tazewell.
Eleventh Circuit--The counties of McLean, Livingston,
Logan, Ford and Woodford.
Twelfth Circuit--The county of Will.
Thirteenth Circuit--The counties of Bureau, LaSalle and
Grundy.
Fourteenth Circuit--The counties of Rock Island, Mercer,
Whiteside and Henry.
Fifteenth Circuit--The counties of JoDaviess, Stephenson,
Carroll, Ogle and Lee.
Sixteenth Circuit--The counties of Kane, DeKalb and
Kendall.
Seventeenth Circuit--The counties of Winnebago and Boone.
Eighteenth Circuit--The county of DuPage.
Nineteenth Circuit--Before December 4, 2006, the counties
of Lake and McHenry. On and after December 4, 2006, the
County of Lake.
Twentieth Circuit--The counties of Randolph, Monroe, St.
Clair, Washington and Perry.
Twenty-first Circuit--The counties of Iroquois and
Kankakee.
Twenty-second Circuit--On and after December 4, 2006, the
County of McHenry.
(Source: P.A. 84-1030.)
(705 ILCS 35/2) (from Ch. 37, par. 72.2)
Sec. 2. Circuit judges shall be elected at the general
elections and for terms as provided in Article VI of the
Illinois Constitution. Ninety-four circuit judges shall be
elected in the Circuit of Cook County and 3 circuit judges
shall be elected in each of the other circuits, but in
circuits other than Cook County containing a population of
230,000 or more inhabitants and in which there is included a
county containing a population of 200,000 or more
inhabitants, or in circuits other than Cook County containing
a population of 270,000 or more inhabitants, according to the
last preceding federal census and in the circuit where the
seat of State government is situated at the time fixed by law
for the nomination of judges of the Circuit Court in such
circuit and in any circuit which meets the requirements set
out in Section 2a of this Act, 4 circuit judges shall be
elected in the manner provided by law. In circuits other
than Cook County in which each county in the circuit has a
population of 475,000 or more, 4 circuit judges shall be
elected in addition to the 4 circuit judges provided for in
this Section. In any circuit composed of 2 counties having a
total population of 350,000 or more, one circuit judge shall
be elected in addition to the 4 circuit judges provided for
in this Section.
Notwithstanding the provisions of this Section or any
other law, the number of at large judgeships of the 12th
judicial circuit may be reduced by one or 2 judgeships as
provided in subsection (a-10) of Section 2f-4.
The several judges of the circuit courts of this State,
before entering upon the duties of their office, shall take
and subscribe the following oath or affirmation, which shall
be filed in the office of the Secretary of State:
"I do solemnly swear (or affirm, as the case may be) that
I will support the constitution of the United States, and the
constitution of the State of Illinois, and that I will
faithfully discharge the duties of judge of.... court,
according to the best of my ability."
One of the 3 additional circuit judgeships authorized by
this amendatory Act in circuits other than Cook County in
which each county in the circuit has a population of 475,000
or more may be filled when this Act becomes law. The 2
remaining circuit judgeships in such circuits shall not be
filled until on or after July 1, 1977.
(Source: P.A. 86-786; 86-1478.)
(705 ILCS 35/2f-1 new)
Sec. 2f-1. 19th and 22nd judicial circuits.
(a) On December 4, 2006, the 19th judicial circuit is
divided into the 19th and 22nd judicial circuits as provided
in Section 1 of the Circuit Courts Act. This division does
not invalidate any action taken by the 19th judicial circuit
or any of its judges, officers, employees, or agents before
December 4, 2006. This division does not affect any person's
rights, obligations, or duties, including applicable civil
and criminal penalties, arising out of any action taken by
the 19th judicial circuit or any of its judges, officers,
employees, or agents before December 4, 2006.
(b) Of the 7 circuit judgeships elected at large in the
19th circuit before the general election in 2006, the Supreme
Court shall assign 5 to the 19th circuit and 2 to the 22nd
circuit, based on residency of the circuit judges then
holding those judgeships. The 5 assigned to the 19th circuit
shall continue to be elected at large. The 2 assigned to the
22nd circuit shall continue to be elected at large.
(c) The 6 resident judgeships elected from Lake County
before the general election in 2006 shall become resident
judgeships in the 19th circuit on December 4, 2006, and the 3
resident judgeships elected from McHenry County before the
general election in 2006 shall become resident judgeships in
the 22nd circuit on December 4, 2006.
(d) On December 4, 2006, the Supreme Court shall
allocate the associate judgeships of the 19th circuit before
that date between the 19th and 22nd circuits based on the
population of those circuits.
(e) On December 4, 2006, the Supreme Court shall
allocate personnel, books, records, documents, property (real
and personal), funds, assets, liabilities, and pending
matters concerning the 19th circuit before that date between
the 19th and 22nd circuits based on the population and
staffing needs of those circuits and the efficient and proper
administration of the judicial system. The rights of
employees under applicable collective bargaining agreements
are not affected by this amendatory Act of the 93rd General
Assembly.
(f) The judgeships set forth in this Section include the
judgeships authorized under Sections 2g, 2h, and 2j. The
judgeships authorized in those Sections are not in addition
to those set forth in this Section.
(705 ILCS 35/2f-2 new)
Sec. 2f-2. 19th judicial circuit; subcircuits.
(a) The 19th circuit shall be divided into 6
subcircuits. The subcircuits shall be compact, contiguous,
and substantially equal in population. The General Assembly
by law shall create the subcircuits on or before February 1,
2004, using population data as determined by the 2000 federal
census, and shall determine a numerical order for the 6
subcircuits. That numerical order shall be the basis for the
order in which resident judgeships are assigned to the
subcircuits. Once a resident judgeship is assigned to a
subcircuit, it shall continue to be assigned to that
subcircuit for all purposes.
(b) The 19th circuit shall have a total of 6 resident
judgeships.
(c) The Supreme Court shall allot (i) all vacancies in
resident judgeships of the 19th circuit existing on or
occurring on or after the effective date of this amendatory
Act of the 93rd General Assembly and not filled at the 2004
general election and (ii) the resident judgeships of the 19th
circuit filled at the 2004 general election as those
judgeships thereafter become vacant, for election from the
various subcircuits until there is one resident judge to be
elected from each subcircuit. No resident judge of the 19th
circuit serving on the effective date of this amendatory Act
of the 93rd General Assembly shall be required to change his
or her residency in order to continue serving in office or to
seek retention in office as resident judgeships are allotted
by the Supreme Court in accordance with this Section.
(d) A resident judge of a subcircuit must reside in the
subcircuit and must continue to reside in that subcircuit as
long as he or she holds that office.
(e) Vacancies in resident judgeships of the 19th circuit
shall be filled in the manner provided in Article VI of the
Illinois Constitution.
(705 ILCS 35/2f-4 new)
Sec. 2f-4. 12th circuit; subcircuits; additional judges.
(a) The 12th circuit shall be divided into 5
subcircuits. The subcircuits shall be compact, contiguous,
and substantially equal in population. The General Assembly
by law shall create the subcircuits on or before February 1,
2004, using population data as determined by the 2000 federal
census, and shall determine a numerical order for the 5
subcircuits. That numerical order shall be the basis for the
order in which resident judgeships are assigned to the
subcircuits. Once a resident judgeship is assigned to a
subcircuit, it shall continue to be assigned to that
subcircuit for all purposes.
(a-5) Two of the 12th circuit's associate judgeships
shall be allotted as 12th circuit resident judgeships under
subsection (c) as those associate judgeships are converted to
resident judgeships in accordance with Section 2 of the
Associate Judges Act.
(a-10) Of the 12th circuit's 10 existing circuit
judgeships (8 at large and 2 resident), 2 shall be allotted
as 12th circuit resident judgeships under subsection (c) as
the first 2 of any of those at large and resident judgeships
become vacant on or after the effective date of this
amendatory Act of the 93rd General Assembly. As used in this
subsection, a vacancy does not include the expiration of a
term of an at large or resident judge who seeks retention in
that office at the next term.
(b) The 12th circuit shall have one additional resident
judgeship, as well as its 2 existing resident judgeships, 8
at large judgeships, and 2 former associate judgeships, for a
total of 13 judgeships available to be allotted to the 5
subcircuit resident judgeships. The additional resident
judgeship created by this amendatory Act of the 93rd General
Assembly shall be filled by election beginning at the general
election in 2006. After the subcircuits are created by law,
the Supreme Court shall fill by appointment the additional
resident judgeship created by this amendatory Act of the 93rd
General Assembly until the 2006 general election.
(c) The Supreme Court shall allot (i) the additional
resident judgeship of the 12th circuit created by this
amendatory Act of the 93rd General Assembly, (ii) the first 2
vacancies in the at large and resident judgeships of the 12th
circuit as provided in subsection (a-10), and (iii) 2
associate judgeships of the 12th circuit as they are
converted to resident judgeships as provided in subsection
(a-5), for election from the various subcircuits until there
is one resident judge to be elected from each subcircuit. No
at large or resident judge of the 12th circuit serving on the
effective date of this amendatory Act of the 93rd General
Assembly shall be required to change his or her residency in
order to continue serving in office or to seek retention in
office as at large or resident judgeships are allotted by the
Supreme Court in accordance with this Section.
(d) A resident judge of a subcircuit must reside in the
subcircuit and must continue to reside in that subcircuit as
long as he or she holds that office.
(e) Vacancies in resident judgeships of the 12th circuit
shall be filled in the manner provided in Article VI of the
Illinois Constitution.
(705 ILCS 35/2f-5 new)
Sec. 2f-5. 22nd circuit; subcircuits.
(a) The 22nd circuit shall be divided into 3
subcircuits. The subcircuits shall be compact, contiguous,
and substantially equal in population. The General Assembly
by law shall create the subcircuits on or before February 1,
2004, using population data as determined by the 2000 federal
census, and shall determine a numerical order for the 3
subcircuits. That numerical order shall be the basis for the
order in which resident judgeships are assigned to the
subcircuits. Once a resident judgeship is assigned to a
subcircuit, it shall continue to be assigned to that
subcircuit for all purposes.
(b) The 22nd circuit shall have a total of 3 resident
judgeships.
(c) The Supreme Court shall allot (i) all vacancies in
resident judgeships of the 22nd circuit existing on or
occurring on or after the effective date of this amendatory
Act of the 93rd General Assembly and not filled at the 2004
general election and (ii) the resident judgeships of the 22nd
circuit filled at the 2004 general election as those
judgeships thereafter become vacant, for election from the
various subcircuits until there is one resident judge to be
elected from each subcircuit. No resident judge of the 22nd
circuit serving on the effective date of this amendatory Act
of the 93rd General Assembly shall be required to change his
or her residency in order to continue serving in office or to
seek retention in office as resident judgeships are allotted
by the Supreme Court in accordance with this Section.
(d) A resident judge of a subcircuit must reside in the
subcircuit and must continue to reside in that subcircuit as
long as he or she holds that office.
(e) Vacancies in resident judgeships of the 22nd circuit
shall be filled in the manner provided in Article VI of the
Illinois Constitution.
Section 15. The Judicial Vacancies Act is amended by
changing Section 2 as follows:
(705 ILCS 40/2) (from Ch. 37, par. 72.42)
Sec. 2. (a) Except as provided in paragraphs (1), (2),
(3), and (4), and (5) of this subsection (a), vacancies in
the office of a resident circuit judge in any county or in
any unit or subcircuit of any circuit shall not be filled.
(1) If in any county of less than 45,000
inhabitants there remains in office no other resident
judge following the occurrence of a vacancy, such vacancy
shall be filled.
(2) If in any county of 45,000 or more but less
than 60,000 inhabitants there remains in office only one
resident judge following the occurrence of a vacancy,
such vacancy shall be filled.
(3) If in any county of 60,000 or more inhabitants,
other than the County of Cook or as provided in paragraph
(5), there remain in office no more than 2 resident
judges following the occurrence of a vacancy, such
vacancy shall be filled.
(4) The County of Cook shall have 165 resident
judges on and after the effective date of this amendatory
Act of 1990. Of those resident judgeships, (i) 56 shall
be those authorized before the effective date of this
amendatory Act of 1990 from the unit of the Circuit of
Cook County within Chicago, (ii) 27 shall be those
authorized before the effective date of this amendatory
Act of 1990 from the unit of the Circuit of Cook County
outside Chicago, (iii) 12 shall be additional resident
judgeships first elected at the general election in
November of 1992, (iv) 10 shall be additional resident
judgeships first elected at the general election in
November of 1994, and (v) 60 shall be additional resident
judgeships to be authorized one each for each reduction
upon vacancy in the office of associate judge in the
Circuit of Cook County as those vacancies exist or occur
on and after the effective date of this amendatory Act of
1990 and as those vacancies are determined under
subsection (b) of Section 2 of the Associate Judges Act
until the total resident judgeships authorized under this
item (v) is 60. Seven of the 12 additional resident
judgeships provided in item (iii) may be filled by
appointment by the Supreme Court during the period
beginning on the effective date of this amendatory Act of
1990 and ending 60 days before the primary election in
March of 1992; those judicial appointees shall serve
until the first Monday in December of 1992. Five of the
12 additional resident judgeships provided in item (iii)
may be filled by appointment by the Supreme Court during
the period beginning July 1, 1991 and ending 60 days
before the primary election in March of 1992; those
judicial appointees shall serve until the first Monday in
December of 1992. Five of the 10 additional resident
judgeships provided in item (iv) may be filled by
appointment by the Supreme Court during the period
beginning July 1, 1992 and ending 60 days before the
primary election in March of 1994; those judicial
appointees shall serve until the first Monday in December
of 1994. The remaining 5 of the 10 additional resident
judgeships provided in item (iv) may be filled by
appointment by the Supreme Court during the period
beginning July 1, 1993 and ending 60 days before the
primary election in March of 1994; those judicial
appointees shall serve until the first Monday in December
1994. The additional resident judgeships created upon
vacancy in the office of associate judge provided in item
(v) may be filled by appointment by the Supreme Court
beginning on the effective date of this amendatory Act of
1990; but no additional resident judgeships created upon
vacancy in the office of associate judge provided in item
(v) shall be filled during the 59 day period before the
next primary election to nominate judges. The Circuit of
Cook County shall be divided into units to be known as
subcircuits as provided in Section 2f of the Circuit
Courts Act. A vacancy in the office of resident judge of
the Circuit of Cook County existing on or occurring on or
after the effective date of this amendatory Act of 1990,
but before the date the subcircuits are created by law,
shall be filled by appointment by the Supreme Court from
the unit within Chicago or the unit outside Chicago, as
the case may be, in which the vacancy occurs and filled
by election from the subcircuit to which it is allotted
under Section 2f of the Circuit Courts Act. A vacancy in
the office of resident judge of the Circuit of Cook
County existing on or occurring on or after the date the
subcircuits are created by law shall be filled by
appointment by the Supreme Court and by election from the
subcircuit to which it is allotted under Section 2f of
the Circuit Courts Act.
(5) Resident judges in the 12th, 19th, and 22nd
judicial circuits are as provided in Sections 2f-1, 2f-2,
2f-4, and 2f-5 of the Circuit Courts Act.
(b) Nothing in paragraphs (2) or (3) of subsection (a)
of this Section shall be construed to require or permit in
any county a greater number of resident judges than there
were resident associate judges on January 1, 1967.
(c) Vacancies authorized to be filled by this Section 2
shall be filled in the manner provided in Article VI of the
Constitution.
(d) A person appointed to fill a vacancy in the office
of circuit judge shall be, at the time of appointment, a
resident of the subcircuit from which the person whose
vacancy is being filled was elected if the vacancy occurred
in a circuit divided into subcircuits Cook County. If a
vacancy in the office of circuit judge occurred in a circuit
not divided into subcircuits other than Cook County, a person
appointed to fill the vacancy shall be, at the time of
appointment, a resident of the circuit from which the person
whose vacancy is being filled was elected. Except as
provided in Sections 2f-1, 2f-2, 2f-4, and 2f-5 of the
Circuit Courts Act, if a vacancy occurred in the office of a
resident circuit judge, a person appointed to fill the
vacancy shall be, at the time of appointment, a resident of
the county from which the person whose vacancy is being
filled was elected.
(Source: P.A. 90-342, eff. 8-8-97.)
Section 20. The Associate Judges Act is amended by
changing Section 2 as follows:
(705 ILCS 45/2) (from Ch. 37, par. 160.2)
Sec. 2. (a) The maximum number of associate judges
authorized for each circuit is the greater of the applicable
minimum number specified in this Section or one for each
35,000 or fraction thereof in population as determined by the
last preceding Federal census, except for circuits with a
population of more than 3,000,000 where the maximum number of
associate judges is one for each 29,000 or fraction thereof
in population as determined by the last preceding federal
census, reduced in circuits of less than 200,000 inhabitants
by the number of resident circuit judges elected in the
circuit in excess of one per county. In addition, in
circuits of 1,000,000 or more inhabitants, there shall be one
additional associate judge authorized for each municipal
district of the circuit court. The number of associate judges
to be appointed in each circuit, not to exceed the maximum
authorized, shall be determined from time to time by the
Circuit Court. The minimum number of associate judges
authorized for any circuit consisting of a single county
shall be 14, except that the minimum in the 22nd circuit
shall be 8. The minimum number of associate judges
authorized for any circuit consisting of 2 counties with a
combined population of at least 275,000 but less than 300,000
shall be 10. The minimum number of associate judges
authorized for any circuit with a population of at least
303,000 but not more than 309,000 shall be 10. The minimum
number of associate judges authorized for any circuit with a
population of at least 329,000, but not more than 335,000
shall be 11. The minimum number of associate judges
authorized for any circuit with a population of at least
173,000 shall be 5. As used in this Section, the term
"resident circuit judge" has the meaning given it in the
Judicial Vacancies Act.
(b) The maximum number of associate judges authorized
under subsection (a) for a circuit with a population of more
than 3,000,000 shall be reduced as provided in this
subsection (b). For each vacancy that exists on or occurs on
or after the effective date of this amendatory Act of 1990,
that maximum number shall be reduced by one until the total
number of associate judges authorized under subsection (a) is
reduced by 60. A vacancy exists or occurs when an associate
judge dies, resigns, retires, is removed, or is not
reappointed upon expiration of his or her term; a vacancy
does not exist or occur at the expiration of a term if the
associate judge is reappointed.
(c) The maximum number of associate judges authorized
under subsection (a) for the 12th judicial circuit shall be
reduced as provided in this subsection (c). For each vacancy
that exists on or occurs after the effective date of this
amendatory Act of the 93rd General Assembly, that maximum
number shall be reduced by one until the total number of
associate judges authorized under subsection (a) is reduced
by 2. A vacancy exists or occurs when (i) a new associate
judgeship has been authorized under subsection (a) for the
12th judicial circuit, but has not been filled by appointment
or (ii) an associate judge dies, resigns, retires, is
removed, or is not reappointed upon expiration of his or her
term. A vacancy does not exist or occur at the expiration of
a term if the associate judge is reappointed.
(Source: P.A. 92-17, eff. 6-28-01.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Effective Date: 8/18/2003
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