State of Illinois
90th General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 001 ]

90_HB1550

      705 ILCS 40/2             from Ch. 37, par. 72.42
          Amends the  Judicial  Vacancies  Act.   Provides  that  a
      person  appointed  to fill a vacancy in the office of circuit
      judge must be a resident of the subcircuit or circuit, or  in
      the  case  of  a  resident  circuit judge, of the county from
      which the person whose vacancy is being filled  was  elected.
      Effective immediately.
                                                     LRB9004041RCks
                                               LRB9004041RCks
 1        AN  ACT  to  amend the Judicial Vacancies Act by changing
 2    Section 2.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Judicial  Vacancies  Act is amended by
 6    changing Section 2 as follows:
 7        (705 ILCS 40/2) (from Ch. 37, par. 72.42)
 8        Sec. 2.  (a) Except as provided in paragraphs  (1),  (2),
 9    (3)  and  (4) of this subsection (a), vacancies in the office
10    of a resident circuit judge in any county or in any  unit  or
11    subcircuit of any circuit shall not be filled.
12             (1)  If   in   any   county   of  less  than  45,000
13        inhabitants there remains in  office  no  other  resident
14        judge following the occurrence of a vacancy, such vacancy
15        shall be filled.
16             (2)  If  in  any  county  of 45,000 or more but less
17        than 60,000 inhabitants there remains in office only  one
18        resident  judge  following  the  occurrence of a vacancy,
19        such vacancy shall be filled.
20             (3)  If in any county of 60,000 or more inhabitants,
21        other than the County of Cook, there remain in office  no
22        more than 2 resident judges following the occurrence of a
23        vacancy, such vacancy shall be filled.
24             (4)  The  County  of  Cook  shall  have 165 resident
25        judges on and after the effective date of this amendatory
26        Act of 1990.  Of those resident judgeships, (i) 56  shall
27        be  those  authorized  before  the effective date of this
28        amendatory Act of 1990 from the unit of  the  Circuit  of
29        Cook  County  within  Chicago,  (ii)  27  shall  be those
30        authorized before the effective date of  this  amendatory
31        Act  of  1990 from the unit of the Circuit of Cook County
                            -2-                LRB9004041RCks
 1        outside Chicago, (iii) 12 shall  be  additional  resident
 2        judgeships  first  elected  at  the  general  election in
 3        November of 1992, (iv) 10 shall  be  additional  resident
 4        judgeships  first  elected  at  the  general  election in
 5        November of 1994, and (v) 60 shall be additional resident
 6        judgeships to be authorized one each for  each  reduction
 7        upon  vacancy  in  the  office  of associate judge in the
 8        Circuit of Cook County as those vacancies exist or  occur
 9        on and after the effective date of this amendatory Act of
10        1990   and   as  those  vacancies  are  determined  under
11        subsection (b) of Section 2 of the Associate  Judges  Act
12        until the total resident judgeships authorized under this
13        item  (v)  is  60.   Seven  of the 12 additional resident
14        judgeships provided  in  item  (iii)  may  be  filled  by
15        appointment  by  the  Supreme  Court  during  the  period
16        beginning on the effective date of this amendatory Act of
17        1990  and  ending  60 days before the primary election in
18        March of 1992;  those  judicial  appointees  shall  serve
19        until  the first Monday in December of 1992.  Five of the
20        12 additional resident judgeships provided in item  (iii)
21        may  be filled by appointment by the Supreme Court during
22        the period beginning July 1,  1991  and  ending  60  days
23        before  the  primary  election  in  March  of 1992; those
24        judicial appointees shall serve until the first Monday in
25        December of 1992.  Five of  the  10  additional  resident
26        judgeships  provided  in  item  (iv)  may  be  filled  by
27        appointment  by  the  Supreme  Court  during  the  period
28        beginning  July  1,  1992  and  ending 60 days before the
29        primary  election  in  March  of  1994;  those   judicial
30        appointees shall serve until the first Monday in December
31        of  1994.   The remaining 5 of the 10 additional resident
32        judgeships  provided  in  item  (iv)  may  be  filled  by
33        appointment  by  the  Supreme  Court  during  the  period
34        beginning July 1, 1993 and  ending  60  days  before  the
                            -3-                LRB9004041RCks
 1        primary   election  in  March  of  1994;  those  judicial
 2        appointees shall serve until the first Monday in December
 3        1994.  The additional resident  judgeships  created  upon
 4        vacancy in the office of associate judge provided in item
 5        (v)  may  be  filled  by appointment by the Supreme Court
 6        beginning on the effective date of this amendatory Act of
 7        1990; but no additional resident judgeships created  upon
 8        vacancy in the office of associate judge provided in item
 9        (v)  shall  be filled during the 59 day period before the
10        next primary election to nominate judges. The Circuit  of
11        Cook  County  shall  be divided into units to be known as
12        subcircuits as provided in  Section  2f  of  the  Circuit
13        Courts Act.  A vacancy in the office of resident judge of
14        the Circuit of Cook County existing on or occurring on or
15        after  the effective date of this amendatory Act of 1990,
16        but before the date the subcircuits are created  by  law,
17        shall  be filled by appointment by the Supreme Court from
18        the unit within Chicago or the unit outside  Chicago,  as
19        the  case  may be, in which the vacancy occurs and filled
20        by election from the subcircuit to which it  is  allotted
21        under Section 2f of the Circuit Courts Act.  A vacancy in
22        the  office  of  resident  judge  of  the Circuit of Cook
23        County existing on or occurring on or after the date  the
24        subcircuits  are  created  by  law  shall  be  filled  by
25        appointment by the Supreme Court and by election from the
26        subcircuit  to  which  it is allotted under Section 2f of
27        the Circuit Courts Act.
28        (b)  Nothing in paragraphs (2) or (3) of  subsection  (a)
29    of  this  Section  shall be construed to require or permit in
30    any county a greater number of  resident  judges  than  there
31    were resident associate judges on January 1, 1967.
32        (c)  Vacancies  authorized to be filled by this Section 2
33    shall be filled in the manner provided in Article VI  of  the
34    Constitution.
                            -4-                LRB9004041RCks
 1        (d)  A  person  appointed to fill a vacancy in the office
 2    of circuit judge shall be a resident of the  subcircuit  from
 3    which the person whose vacancy is being filled was elected if
 4    the  vacancy  occurred  in  Cook County.  If a vacancy in the
 5    office of circuit judge occurred in a circuit other than Cook
 6    County, a person appointed to fill the  vacancy  shall  be  a
 7    resident  of  the circuit from which the person whose vacancy
 8    is being filled was elected.  If a vacancy  occurred  in  the
 9    office  of  a  resident  circuit judge, a person appointed to
10    fill the vacancy shall be a resident of the county from which
11    the person whose vacancy is being filled was elected.
12    (Source: P.A. 86-786; 86-1478.)
13        Section 99.  Effective date.  This Act takes effect  upon
14    becoming law.

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