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1
AMENDMENT TO HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT 20

3    AMENDMENT NO. ___. Amend House Joint Resolution
4Constitutional Amendment 20 by replacing lines 3 through 24 on
5page 1 and all of pages 2 through 13 with the following:
 
6    "RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
7NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
8SENATE CONCURRING HEREIN, that there shall be submitted to the
9electors of the State for adoption or rejection at the general
10election next occurring at least 6 months after the adoption of
11this resolution a proposition to amend Section 12 of and to add
12Section 12.1 to Article VI of the Illinois Constitution as
13follows:
 
14
ARTICLE VI
15
THE JUDICIARY

 

 

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1      (ILCON Art. VI, Sec. 12)
2SECTION 12. ELECTION AND RETENTION
3    (a) Supreme, Appellate and Circuit Judges shall be
4nominated at primary elections or by petition. Judges shall be
5elected at general or judicial elections as the General
6Assembly shall provide by law. A person eligible for the office
7of Judge may cause his name to appear on the ballot as a
8candidate for Judge at the primary and at the general or
9judicial elections by submitting petitions. The General
10Assembly shall prescribe by law the requirements for petitions.
11    (b) The office of a Judge shall be vacant upon his death,
12resignation, retirement, removal, or upon the conclusion of his
13term without retention in office. Whenever an additional
14Appellate or Circuit Judge is authorized by law, the office
15shall be filled in the manner provided for filling a vacancy in
16that office.
17    (c) A vacancy occurring in the office of Supreme, Appellate
18or Circuit Judge shall be filled as the General Assembly may
19provide by law. In the absence of a law, vacancies may be
20filled by appointment by the Supreme Court. A person appointed
21to fill a vacancy 60 or more days prior to the next primary
22election to nominate Judges shall serve until the vacancy is
23filled for a term at the next general or judicial election. A
24person appointed to fill a vacancy less than 60 days prior to
25the next primary election to nominate Judges shall serve until

 

 

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1the vacancy is filled at the second general or judicial
2election following such appointment.
3    (d) Not less than six months before the general election
4preceding the expiration of his term of office, a Supreme,
5Appellate or Circuit Judge who has been elected to that office
6may file in the office of the Secretary of State a declaration
7of candidacy to succeed himself. The Secretary of State, not
8less than 63 days before the election, shall certify the
9Judge's candidacy to the proper election officials. The names
10of Judges seeking retention shall be submitted to the electors,
11separately and without party designation, on the sole question
12whether each Judge shall be retained in office for another
13term. The retention elections shall be conducted at general
14elections in the appropriate Judicial District, for Supreme and
15Appellate Judges, and in the circuit for Circuit Judges. The
16affirmative vote of three-fifths of the electors voting on the
17question shall elect the Judge to the office for a term
18commencing on the first Monday in December following his
19election.
20    (e) A law reducing the number of Appellate or Circuit
21Judges shall be without prejudice to the right of the Judges
22affected to seek retention in office. A reduction shall become
23effective when a vacancy occurs in the affected unit.
24(Source: Illinois Constitution.)
 
25      (ILCON Art. VI, Sec. 12.1 new)

 

 

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1SECTION 12.1. JUDICIAL RETENTION PROCEDURES
2    (a) Not less than 12 months before the general election
3preceding the expiration of the term of office, a Judge may
4file in the office of the Secretary of State a declaration of
5candidacy for retention. An Independent Judicial Review
6Commission shall be established in each Judicial District for
7Supreme Court Judges and Appellate Judges, and in each Circuit
8for Circuit Judges, to determine the qualifications of Judges
9who have declared their candidacy for retention. Upon receipt
10of a declaration of candidacy for retention, the Secretary of
11State shall notify the persons making appointments to an
12Independent Judicial Review Commission.
13    (b) The Supreme Court shall establish rules for the conduct
14of each Commission, including, but not limited to, the
15submission of public comments, the disclosure of documents, and
16a process to appeal a decision of a Commission.
17    (c) Each Commission shall have twelve members who reside in
18the Judicial District or Circuit. Three members of each
19Commission shall be appointed by the Attorney General and three
20by the next officer not affiliated with the same political
21party as the Attorney General in the following order: (i)
22Governor, (ii) Secretary of State, (iii) Comptroller, (iv)
23Treasurer, (v) President of the Senate, (vi) Speaker of the
24House of Representatives, (vii) Minority Leader of the House of
25Representatives. Six members of each Commission shall be
26appointed by the Supreme Court, except that no Judge of the

 

 

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1Supreme Court who has announced his or her candidacy for
2retention shall participate in the selection of members of a
3Commission for the Judicial District in which that Judge
4serves. The terms of members of each Judicial Review Commission
5shall begin immediately upon their selection, and shall expire
6on the first Monday in November of the same year. Appointments
7shall be made within 30 days of receiving notification from the
8Secretary of State. A vacancy shall be filled by the officer
9responsible for the initial appointment.
10    (d) Each Commission shall consider candidates qualified to
11serve another term if they have demonstrated, by their
12performance in the position for which they are seeking
13retention and otherwise, that they are qualified to occupy that
14office. Candidates shall be considered free from
15discrimination based on age, color, gender, marital status,
16national origin, physical disability, sexual orientation,
17race, or religion.
18    (e) If at least seven of the members of a Commission find
19the candidate qualified to serve another term, the candidate
20shall be retained in office for a full term commencing on the
21first Monday in December following the general election.
22    (f) Not less than six months before the general election, a
23Commission shall submit a report to the Chief Justice
24indicating candidates it has found qualified.
25    (g) A candidate who has not been found qualified for
26retention by a Commission shall have the right to stand for

 

 

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1retention at the next general election by the electorate in the
2Judicial District for Supreme and Appellate Judges or Circuit
3for Circuit Judges. No later than 150 days before the general
4election, the candidate shall file with the Secretary of State
5a declaration of candidacy for retention by the electorate. The
6Secretary of State shall certify the candidacy to the proper
7election officials. The names of Judges seeking retention shall
8be submitted to the electors, separately and without party
9designation, on the sole question of retention in office for
10another term. The affirmative vote of three-fifths of the
11electors in the Judicial District or Circuit who cast ballots
12on the question of the Judge's retention shall be necessary for
13the Judge to continue in that office for a full term commencing
14on the first Monday in December following the general election.
15    (h) A law reducing the number of Appellate or Circuit
16Judges shall be without prejudice to the right of the Judges
17affected to seek retention in office. A reduction shall become
18effective when a vacancy occurs in the affected unit.
 
19
SCHEDULE
20    This Constitutional Amendment takes effect upon being
21declared adopted in accordance with Section 7 of the Illinois
22Constitutional Amendment Act.".