93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4191

 

Introduced 1/23/2004, by Jack D. Franks

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 35/2f   from Ch. 37, par. 72.2f
705 ILCS 35/2f-2
705 ILCS 35/2f-4
705 ILCS 35/2f-5

    Amends the Circuit Courts Act. Provides that a resident judge elected from a subcircuit shall continue to reside in that subcircuit as long as he or she holds that office, including all terms held as a result of a retention election. Effective immediately.


LRB093 15974 RAS 41597 b

 

 

A BILL FOR

 

HB4191 LRB093 15974 RAS 41597 b

1     AN ACT concerning the courts.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Circuit Courts Act is amended by changing
5 Sections 2f, 2f-2, 2f-4, and 2f-5 as follows:
 
6     (705 ILCS 35/2f)  (from Ch. 37, par. 72.2f)
7     Sec. 2f. (a) The Circuit of Cook County shall be divided
8 into 15 units to be known as subcircuits. The subcircuits shall
9 be compact, contiguous, and substantially equal in population.
10 The General Assembly shall create the subcircuits by law on or
11 before July 1, 1991, using population data as determined by the
12 1990 Federal census.
13     (b) The 165 resident judges to be elected from the Circuit
14 of Cook County shall be determined under paragraph (4) of
15 subsection (a) of Section 2 of the Judicial Vacancies Act.
16     (c) The Supreme Court shall allot (i) the additional
17 resident judgeships provided by paragraph (4) of subsection (a)
18 of Section 2 of the Judicial Vacancies Act and (ii) all
19 vacancies in resident judgeships existing on or occurring on or
20 after the effective date of this amendatory Act of 1990, with
21 respect to the other resident judgeships of the Circuit of Cook
22 County, for election from the various subcircuits until there
23 are 11 resident judges to be elected from each of the 15
24 subcircuits (for a total of 165). A resident judgeship
25 authorized before the effective date of this amendatory Act of
26 1990 that became vacant and was filled by appointment by the
27 Supreme Court before that effective date shall be filled by
28 election at the general election in November of 1992 from the
29 unit of the Circuit of Cook County within Chicago or the unit
30 of that Circuit outside Chicago, as the case may be, in which
31 the vacancy occurred.
32     (d) As soon as practicable after the subcircuits are

 

 

HB4191 - 2 - LRB093 15974 RAS 41597 b

1 created by law, the Supreme Court shall determine by lot a
2 numerical order for the 15 subcircuits. That numerical order
3 shall be the basis for the order in which resident judgeships
4 are assigned to the subcircuits. After the first round of
5 assignments, the second and all later rounds shall be based on
6 the same numerical order. Once a resident judgeship is assigned
7 to a subcircuit, it shall continue to be assigned to that
8 subcircuit for all purposes.
9     (e) A resident judge elected from a subcircuit shall
10 continue to reside in that subcircuit as long as he or she
11 holds that office, including all terms held as a result of a
12 retention election.
13 (Source: P.A. 86-1478.)
 
14     (705 ILCS 35/2f-2)
15     Sec. 2f-2. 19th judicial circuit; subcircuits.
16     (a) The 19th circuit shall be divided into 6 subcircuits.
17 The subcircuits shall be compact, contiguous, and
18 substantially equal in population. The General Assembly by law
19 shall create the subcircuits on or before February 1, 2004,
20 using population data as determined by the 2000 federal census,
21 and shall determine a numerical order for the 6 subcircuits.
22 That numerical order shall be the basis for the order in which
23 resident judgeships are assigned to the subcircuits. Once a
24 resident judgeship is assigned to a subcircuit, it shall
25 continue to be assigned to that subcircuit for all purposes.
26     (b) The 19th circuit shall have a total of 6 resident
27 judgeships.
28     (c) The Supreme Court shall allot (i) all vacancies in
29 resident judgeships of the 19th circuit existing on or
30 occurring on or after the effective date of this amendatory Act
31 of the 93rd General Assembly and not filled at the 2004 general
32 election and (ii) the resident judgeships of the 19th circuit
33 filled at the 2004 general election as those judgeships
34 thereafter become vacant, for election from the various
35 subcircuits until there is one resident judge to be elected

 

 

HB4191 - 3 - LRB093 15974 RAS 41597 b

1 from each subcircuit. No resident judge of the 19th circuit
2 serving on the effective date of this amendatory Act of the
3 93rd General Assembly shall be required to change his or her
4 residency in order to continue serving in office or to seek
5 retention in office as resident judgeships are allotted by the
6 Supreme Court in accordance with this Section.
7     (d) A resident judge of a subcircuit must reside in the
8 subcircuit and must continue to reside in that subcircuit as
9 long as he or she holds that office.
10     (e) Vacancies in resident judgeships of the 19th circuit
11 shall be filled in the manner provided in Article VI of the
12 Illinois Constitution, including all terms held as a result of
13 a retention election.
14 (Source: P.A. 93-541, eff. 8-18-03.)
 
15     (705 ILCS 35/2f-4)
16     Sec. 2f-4. 12th circuit; subcircuits; additional judges.
17     (a) The 12th circuit shall be divided into 5 subcircuits.
18 The subcircuits shall be compact, contiguous, and
19 substantially equal in population. The General Assembly by law
20 shall create the subcircuits on or before February 1, 2004,
21 using population data as determined by the 2000 federal census,
22 and shall determine a numerical order for the 5 subcircuits.
23 That numerical order shall be the basis for the order in which
24 resident judgeships are assigned to the subcircuits. Once a
25 resident judgeship is assigned to a subcircuit, it shall
26 continue to be assigned to that subcircuit for all purposes.
27     (a-5) Two of the 12th circuit's associate judgeships shall
28 be allotted as 12th circuit resident judgeships under
29 subsection (c) as those associate judgeships are converted to
30 resident judgeships in accordance with Section 2 of the
31 Associate Judges Act.
32     (a-10) Of the 12th circuit's 10 existing circuit judgeships
33 (8 at large and 2 resident), 2 shall be allotted as 12th
34 circuit resident judgeships under subsection (c) as the first 2
35 of any of those at large and resident judgeships become vacant

 

 

HB4191 - 4 - LRB093 15974 RAS 41597 b

1 on or after the effective date of this amendatory Act of the
2 93rd General Assembly. As used in this subsection, a vacancy
3 does not include the expiration of a term of an at large or
4 resident judge who seeks retention in that office at the next
5 term.
6     (b) The 12th circuit shall have one additional resident
7 judgeship, as well as its 2 existing resident judgeships, 8 at
8 large judgeships, and 2 former associate judgeships, for a
9 total of 13 judgeships available to be allotted to the 5
10 subcircuit resident judgeships. The additional resident
11 judgeship created by this amendatory Act of the 93rd General
12 Assembly shall be filled by election beginning at the general
13 election in 2006. After the subcircuits are created by law, the
14 Supreme Court shall fill by appointment the additional resident
15 judgeship created by this amendatory Act of the 93rd General
16 Assembly until the 2006 general election.
17     (c) The Supreme Court shall allot (i) the additional
18 resident judgeship of the 12th circuit created by this
19 amendatory Act of the 93rd General Assembly, (ii) the first 2
20 vacancies in the at large and resident judgeships of the 12th
21 circuit as provided in subsection (a-10), and (iii) 2 associate
22 judgeships of the 12th circuit as they are converted to
23 resident judgeships as provided in subsection (a-5), for
24 election from the various subcircuits until there is one
25 resident judge to be elected from each subcircuit. No at large
26 or resident judge of the 12th circuit serving on the effective
27 date of this amendatory Act of the 93rd General Assembly shall
28 be required to change his or her residency in order to continue
29 serving in office or to seek retention in office as at large or
30 resident judgeships are allotted by the Supreme Court in
31 accordance with this Section.
32     (d) A resident judge of a subcircuit must reside in the
33 subcircuit and must continue to reside in that subcircuit as
34 long as he or she holds that office, including all terms held
35 as a result of a retention election.
36     (e) Vacancies in resident judgeships of the 12th circuit

 

 

HB4191 - 5 - LRB093 15974 RAS 41597 b

1 shall be filled in the manner provided in Article VI of the
2 Illinois Constitution.
3 (Source: P.A. 93-541, eff. 8-18-03.)
 
4     (705 ILCS 35/2f-5)
5     Sec. 2f-5. 22nd circuit; subcircuits.
6     (a) The 22nd circuit shall be divided into 3 subcircuits.
7 The subcircuits shall be compact, contiguous, and
8 substantially equal in population. The General Assembly by law
9 shall create the subcircuits on or before February 1, 2004,
10 using population data as determined by the 2000 federal census,
11 and shall determine a numerical order for the 3 subcircuits.
12 That numerical order shall be the basis for the order in which
13 resident judgeships are assigned to the subcircuits. Once a
14 resident judgeship is assigned to a subcircuit, it shall
15 continue to be assigned to that subcircuit for all purposes.
16     (b) The 22nd circuit shall have a total of 3 resident
17 judgeships.
18     (c) The Supreme Court shall allot (i) all vacancies in
19 resident judgeships of the 22nd circuit existing on or
20 occurring on or after the effective date of this amendatory Act
21 of the 93rd General Assembly and not filled at the 2004 general
22 election and (ii) the resident judgeships of the 22nd circuit
23 filled at the 2004 general election as those judgeships
24 thereafter become vacant, for election from the various
25 subcircuits until there is one resident judge to be elected
26 from each subcircuit. No resident judge of the 22nd circuit
27 serving on the effective date of this amendatory Act of the
28 93rd General Assembly shall be required to change his or her
29 residency in order to continue serving in office or to seek
30 retention in office as resident judgeships are allotted by the
31 Supreme Court in accordance with this Section.
32     (d) A resident judge of a subcircuit must reside in the
33 subcircuit and must continue to reside in that subcircuit as
34 long as he or she holds that office, including all terms held
35 as a result of a retention election.

 

 

HB4191 - 6 - LRB093 15974 RAS 41597 b

1     (e) Vacancies in resident judgeships of the 22nd circuit
2 shall be filled in the manner provided in Article VI of the
3 Illinois Constitution.
4 (Source: P.A. 93-541, eff. 8-18-03.)
 
5     Section 99. Effective date. This Act takes effect upon
6 becoming law.