093_SB0075

                                     LRB093 03372 JAM 03390 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 adding
 5    Sections 2f-1, 2f-2, and 2f-3 as follows:

 6        (705 ILCS 35/2f-1 new)
 7        Sec.  2f-1.  Twelfth  circuit;  subcircuits;   additional
 8    judges.
 9        (a)  The   twelfth   circuit  shall  be  divided  into  5
10    subcircuits.  The subcircuits shall be  compact,  contiguous,
11    and  substantially equal in population.  The General Assembly
12    shall create the subcircuits by law on or before  January  1,
13    2005, using population data as determined by the 2000 federal
14    census.
15        (b)  The twelfth circuit shall have 3 additional resident
16    judgeships  for  a  total  of  5  resident judgeships.  The 3
17    additional resident judgeships created by this amendatory Act
18    of the 93rd General Assembly shall each be filled by election
19    beginning at the general election in 2006.  The 3  additional
20    resident  judgeships  created  by  this amendatory Act of the
21    93rd General Assembly shall  not  be  filled  by  appointment
22    before the 2006 general election.
23        (c)  The  Supreme  Court shall allot (i) the additional 3
24    resident judgeships created by this  amendatory  Act  of  the
25    93rd   General  Assembly,  (ii)  all  vacancies  in  resident
26    judgeships existing on or occurring on or after the effective
27    date of this amendatory Act of the 93rd General Assembly  and
28    not  filled at the 2004 general election, with respect to the
29    other resident judgeships of the twelfth circuit,  and  (iii)
30    the  resident judgeships of the twelfth circuit filled at the
31    2004 general election as those judgeships  thereafter  become
 
                            -2-      LRB093 03372 JAM 03390 b
 1    vacant, for election from the various subcircuits until there
 2    is  one  resident  judge  to  be  elected  from each of the 5
 3    subcircuits.
 4        (d)  As  soon  as  possible  after  the  subcircuits  are
 5    created by law, the Supreme Court shall determine  by  lot  a
 6    numerical  order for the 5 subcircuits.  That numerical order
 7    shall be the basis for the order in which resident judgeships
 8    are assigned to the subcircuits. Once a resident judgeship is
 9    assigned to a subcircuit, it shall continue to be assigned to
10    that subcircuit for all purposes.
11        (e)  A resident judge of a subcircuit must reside in  the
12    subcircuit  and must continue to reside in that subcircuit as
13    long as he or she holds that office.
14        (f)  Vacancies in  resident  judgeships  of  the  twelfth
15    circuit  shall be filled in the manner provided in Article VI
16    of the Illinois Constitution.

17        (705 ILCS 35/2f-2 new)
18        Sec. 2f-2.  Eighteenth circuit;  subcircuits;  additional
19    judges.
20        (a)  The  eighteenth  circuit  shall  be  divided  into 6
21    subcircuits.  The subcircuits shall be  compact,  contiguous,
22    and  substantially equal in population.  The General Assembly
23    shall create the subcircuits by law on or before  January  1,
24    2005, using population data as determined by the 2000 federal
25    census.
26        (b)  The  eighteenth  circuit  shall  have  3  additional
27    resident  judgeships  for  a  total of 5 resident judgeships.
28    The  3  additional  resident  judgeships  created   by   this
29    amendatory  Act  of  the  93rd General Assembly shall each be
30    filled by election beginning at the general election in 2006.
31    The  3  additional  resident  judgeships  created   by   this
32    amendatory  Act  of  the  93rd  General Assembly shall not be
33    filled by appointment before the 2006 general election.
 
                            -3-      LRB093 03372 JAM 03390 b
 1        (c)  The Supreme Court shall allot (i) the  additional  3
 2    resident  judgeships  created  by  this amendatory Act of the
 3    93rd  General  Assembly,  (ii)  all  vacancies  in   resident
 4    judgeships existing on or occurring on or after the effective
 5    date  of this amendatory Act of the 93rd General Assembly and
 6    not filled at the 2004 general election, with respect to  the
 7    other  resident  judgeships  of  the  eighteenth circuit, and
 8    (iii) the  resident  judgeships  of  the  eighteenth  circuit
 9    filled  at  the  2004  general  election  as those judgeships
10    thereafter become  vacant,  for  election  from  the  various
11    subcircuits  until  there is one resident judge to be elected
12    from each of 5 subcircuits.  The first judgeship, other  than
13    a  resident judgeship, in the eighteenth circuit that becomes
14    vacant after the 2006 general  election  shall  be  allotted,
15    upon becoming vacant, to one subcircuit.
16        (d)  As  soon  as  possible  after  the  subcircuits  are
17    created  by  law,  the Supreme Court shall determine by lot a
18    numerical order for the 6 subcircuits.  That numerical  order
19    shall be the basis for the order in which resident judgeships
20    are assigned to the subcircuits. Once a resident judgeship is
21    assigned to a subcircuit, it shall continue to be assigned to
22    that subcircuit for all purposes.
23        (e)  A  resident judge of a subcircuit must reside in the
24    subcircuit and must continue to reside in that subcircuit  as
25    long as he or she holds that office.
26        (f)  Vacancies  in  resident judgeships of the eighteenth
27    circuit shall be filled in the manner provided in Article  VI
28    of the Illinois Constitution.

29        (705 ILCS 35/2f-3 new)
30        Sec.  2f-3.  Nineteenth  circuit; subcircuits; additional
31    judges.
32        (a)  The nineteenth  circuit  shall  be  divided  into  6
33    subcircuits.   The  subcircuits shall be compact, contiguous,
 
                            -4-      LRB093 03372 JAM 03390 b
 1    and substantially equal in population.  The General  Assembly
 2    shall  create  the subcircuits by law on or before January 1,
 3    2005, using population data as determined by the 2000 federal
 4    census.
 5        (b)  The  nineteenth  circuit  shall  have  4  additional
 6    resident judgeships for a total of  13  resident  judgeships.
 7    The   4   additional  resident  judgeships  created  by  this
 8    amendatory Act of the 93rd General  Assembly  shall  each  be
 9    filled by election beginning at the general election in 2006.
10    The   4   additional  resident  judgeships  created  by  this
11    amendatory Act of the 93rd  General  Assembly  shall  not  be
12    filled by appointment before the 2006 general election.
13        (c)  The  Supreme  Court shall allot (i) the additional 4
14    resident judgeships created by this  amendatory  Act  of  the
15    93rd   General  Assembly,  (ii)  all  vacancies  in  resident
16    judgeships existing on or occurring on or after the effective
17    date of this amendatory Act of the 93rd General Assembly  and
18    not  filled at the 2004 general election, with respect to the
19    other resident judgeships  of  the  nineteenth  circuit,  and
20    (iii)  the  resident  judgeships  of  the  nineteenth circuit
21    filled at the  2004  general  election  as  those  judgeships
22    thereafter  become  vacant,  for  election  from  the various
23    subcircuits until there are 2 resident judges to  be  elected
24    from  each  of  5  subcircuits  and  3  resident judges to be
25    elected from one subcircuit.
26        (d)  As  soon  as  possible  after  the  subcircuits  are
27    created by law, the Supreme Court shall determine  by  lot  a
28    numerical  order for the 6 subcircuits.  That numerical order
29    shall be the basis for the order in which resident judgeships
30    are assigned to the subcircuits.  After the  first  round  of
31    assignments,  the  second and all later rounds shall be based
32    on the same numerical order.  Once a  resident  judgeship  is
33    assigned to a subcircuit, it shall continue to be assigned to
34    that subcircuit for all purposes.
 
                            -5-      LRB093 03372 JAM 03390 b
 1        (e)  A  resident judge of a subcircuit must reside in the
 2    subcircuit and must continue to reside in that subcircuit  as
 3    long as he or she holds that office.
 4        (f)  Vacancies  in  resident judgeships of the nineteenth
 5    circuit shall be filled in the manner provided in Article  VI
 6    of the Illinois Constitution.

 7        Section  10.  The  Judicial  Vacancies  Act is amended by
 8    changing Section 2 as follows:

 9        (705 ILCS 40/2) (from Ch. 37, par. 72.42)
10        Sec. 2.  (a) Except as provided in paragraphs  (1),  (2),
11    (3),  and  (4),  and (5) of this subsection (a), vacancies in
12    the office of a resident circuit judge in any  county  or  in
13    any unit or subcircuit of any circuit shall not be filled.
14             (1)  If   in   any   county   of  less  than  45,000
15        inhabitants there remains in  office  no  other  resident
16        judge following the occurrence of a vacancy, such vacancy
17        shall be filled.
18             (2)  If  in  any  county  of 45,000 or more but less
19        than 60,000 inhabitants there remains in office only  one
20        resident  judge  following  the  occurrence of a vacancy,
21        such vacancy shall be filled.
22             (3)  If in any county of 60,000 or more inhabitants,
23        other than the County of Cook or as provided in paragraph
24        (5), there remain in  office  no  more  than  2  resident
25        judges  following  the  occurrence  of  a  vacancy,  such
26        vacancy shall be filled.
27             (4)  The  County  of  Cook  shall  have 165 resident
28        judges on and after the effective date of this amendatory
29        Act of 1990.  Of those resident judgeships, (i) 56  shall
30        be  those  authorized  before  the effective date of this
31        amendatory Act of 1990 from the unit of  the  Circuit  of
32        Cook  County  within  Chicago,  (ii)  27  shall  be those
 
                            -6-      LRB093 03372 JAM 03390 b
 1        authorized before the effective date of  this  amendatory
 2        Act  of  1990 from the unit of the Circuit of Cook County
 3        outside Chicago, (iii) 12 shall  be  additional  resident
 4        judgeships  first  elected  at  the  general  election in
 5        November of 1992, (iv) 10 shall  be  additional  resident
 6        judgeships  first  elected  at  the  general  election in
 7        November of 1994, and (v) 60 shall be additional resident
 8        judgeships to be authorized one each for  each  reduction
 9        upon  vacancy  in  the  office  of associate judge in the
10        Circuit of Cook County as those vacancies exist or  occur
11        on and after the effective date of this amendatory Act of
12        1990   and   as  those  vacancies  are  determined  under
13        subsection (b) of Section 2 of the Associate  Judges  Act
14        until the total resident judgeships authorized under this
15        item  (v)  is  60.   Seven  of the 12 additional resident
16        judgeships provided  in  item  (iii)  may  be  filled  by
17        appointment  by  the  Supreme  Court  during  the  period
18        beginning on the effective date of this amendatory Act of
19        1990  and  ending  60 days before the primary election in
20        March of 1992;  those  judicial  appointees  shall  serve
21        until  the first Monday in December of 1992.  Five of the
22        12 additional resident judgeships provided in item  (iii)
23        may  be filled by appointment by the Supreme Court during
24        the period beginning July 1,  1991  and  ending  60  days
25        before  the  primary  election  in  March  of 1992; those
26        judicial appointees shall serve until the first Monday in
27        December of 1992.  Five of  the  10  additional  resident
28        judgeships  provided  in  item  (iv)  may  be  filled  by
29        appointment  by  the  Supreme  Court  during  the  period
30        beginning  July  1,  1992  and  ending 60 days before the
31        primary  election  in  March  of  1994;  those   judicial
32        appointees shall serve until the first Monday in December
33        of  1994.   The remaining 5 of the 10 additional resident
34        judgeships  provided  in  item  (iv)  may  be  filled  by
 
                            -7-      LRB093 03372 JAM 03390 b
 1        appointment  by  the  Supreme  Court  during  the  period
 2        beginning July 1, 1993 and  ending  60  days  before  the
 3        primary   election  in  March  of  1994;  those  judicial
 4        appointees shall serve until the first Monday in December
 5        1994.  The additional resident  judgeships  created  upon
 6        vacancy in the office of associate judge provided in item
 7        (v)  may  be  filled  by appointment by the Supreme Court
 8        beginning on the effective date of this amendatory Act of
 9        1990; but no additional resident judgeships created  upon
10        vacancy in the office of associate judge provided in item
11        (v)  shall  be filled during the 59 day period before the
12        next primary election to nominate judges. The Circuit  of
13        Cook  County  shall  be divided into units to be known as
14        subcircuits as provided in  Section  2f  of  the  Circuit
15        Courts Act.  A vacancy in the office of resident judge of
16        the Circuit of Cook County existing on or occurring on or
17        after  the effective date of this amendatory Act of 1990,
18        but before the date the subcircuits are created  by  law,
19        shall  be filled by appointment by the Supreme Court from
20        the unit within Chicago or the unit outside  Chicago,  as
21        the  case  may be, in which the vacancy occurs and filled
22        by election from the subcircuit to which it  is  allotted
23        under Section 2f of the Circuit Courts Act.  A vacancy in
24        the  office  of  resident  judge  of  the Circuit of Cook
25        County existing on or occurring on or after the date  the
26        subcircuits  are  created  by  law  shall  be  filled  by
27        appointment by the Supreme Court and by election from the
28        subcircuit  to  which  it is allotted under Section 2f of
29        the Circuit Courts Act.
30             (5)  Resident judges in the twelfth, eighteenth, and
31        nineteenth judicial circuits are as provided in  Sections
32        2f-1, 2f-2, and 2f-3 of the Circuit Courts Act.
33        (b)  Nothing  in  paragraphs (2) or (3) of subsection (a)
34    of this Section shall be construed to require  or  permit  in
 
                            -8-      LRB093 03372 JAM 03390 b
 1    any  county  a  greater  number of resident judges than there
 2    were resident associate judges on January 1, 1967.
 3        (c)  Vacancies authorized to be filled by this Section  2
 4    shall  be  filled in the manner provided in Article VI of the
 5    Constitution.
 6        (d)  A person appointed to fill a vacancy in  the  office
 7    of  circuit  judge  shall  be,  at the time of appointment, a
 8    resident of  the  subcircuit  from  which  the  person  whose
 9    vacancy  is  being filled was elected if the vacancy occurred
10    in a circuit divided into  subcircuits  Cook  County.   If  a
11    vacancy  in the office of circuit judge occurred in a circuit
12    not divided into subcircuits other than Cook County, a person
13    appointed to fill the  vacancy  shall  be,  at  the  time  of
14    appointment,  a resident of the circuit from which the person
15    whose vacancy  is  being  filled  was  elected.    Except  as
16    provided  in  Sections  2f-1,  2f-2,  and 2f-3 of the Circuit
17    Courts Act, if a vacancy occurred in the office of a resident
18    circuit judge, a person appointed to fill the  vacancy  shall
19    be, at the time of appointment, a resident of the county from
20    which the person whose vacancy is being filled was elected.
21    (Source: P.A. 90-342, eff. 8-8-97.)