Public Act 90-0342 of the 90th General Assembly
Public Act 90-0342
HB1550 Enrolled LRB9004041RCks
AN ACT to amend the Judicial Vacancies Act by changing
Section 2.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. 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) 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, 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.
(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 Cook County. If a vacancy in the office of circuit judge
occurred in a circuit 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. 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. 86-786; 86-1478.)
Section 99. Effective date. This Act takes effect upon
becoming law.