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91_HC0016
LRB9106952JMmb
1 HOUSE JOINT RESOLUTION
2 CONSTITUTIONAL AMENDMENT
3 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
4 NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5 SENATE CONCURRING HEREIN, that there shall be submitted to
6 the electors of the State for adoption or rejection at the
7 general election next occurring at least 6 months after the
8 adoption of this resolution a proposition to amend Sections
9 10, 11, and 12 of and add Sections 12.1, 12.2, 12.3, 12.4,
10 and 12.5 to Article VI of the Illinois Constitution as
11 follows:
12 ARTICLE VI
13 THE JUDICIARY
14 (ILCON Art. VI, Sec. 10)
15 SECTION 10. TERMS OF OFFICE
16 (a) Except as provided in subsection (b), the terms of
17 office of Supreme and Appellate Court Judges shall be ten
18 years; of Circuit Judges, six years; and of Associate Judges,
19 four years.
20 (b) The initial term for each Judge of the First
21 Judicial Circuit appointed to office under Section 12.1 shall
22 expire on the first Monday in December following the third
23 general election after his or her appointment. Thereafter,
24 if retained in office pursuant to Section 12.4, the term of
25 all Judges of the First Judicial Circuit shall be 10 years.
26 Terms of office for Judges of the First Judicial Circuit
27 elected before the effective date of this Constitutional
28 Amendment shall expire at the end of the term for which they
29 were elected.
30 (Source: Illinois Constitution.)
31 (ILCON Art. VI, Sec. 11)
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1 SECTION 11. ELIGIBILITY FOR OFFICE
2 No person shall be eligible to be a Judge or Associate
3 Judge unless he or she is a United States citizen, a licensed
4 attorney-at-law of this State, and a resident of the unit
5 which selects him or her. No change in the boundaries of a
6 unit after a Judge or Associate Judge is selected shall
7 affect the tenure in office of a Judge or Associate Judge
8 incumbent at the time of the change or prohibit that Judge
9 from seeking retention when his or her current or any future
10 term expires incumbent at the time of such change.
11 (Source: Illinois Constitution.)
12 (ILCON Art. VI, Sec. 12)
13 SECTION 12. ELECTION AND RETENTION
14 (a) Except as otherwise provided in this Article,
15 Supreme, Appellate and Circuit Judges shall be nominated at
16 primary elections or by petition. Judges shall be elected at
17 general or judicial elections as the General Assembly shall
18 provide by law. A person eligible for the office of Judge may
19 cause his name to appear on the ballot as a candidate for
20 Judge at the primary and at the general or judicial elections
21 by submitting petitions. The General Assembly shall prescribe
22 by law the requirements for petitions.
23 (b) Except as otherwise provided in this Article, the
24 office of a Judge shall be vacant upon his death,
25 resignation, retirement, removal, or upon the conclusion of
26 his term without retention in office. Whenever an additional
27 Appellate or Circuit Judge is authorized by law, the office
28 shall be filled in the manner provided for filling a vacancy
29 in that office.
30 (c) Except as otherwise provided in this Article, a
31 vacancy occurring in the office of Supreme, Appellate or
32 Circuit Judge shall be filled as the General Assembly may
33 provide by law. In the absence of a law, vacancies may be
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1 filled by appointment by the Supreme Court. A person
2 appointed to fill a vacancy 60 or more days prior to the next
3 primary election to nominate Judges shall serve until the
4 vacancy is filled for a term at the next general or judicial
5 election. A person appointed to fill a vacancy less than 60
6 days prior to the next primary election to nominate Judges
7 shall serve until the vacancy is filled at the second general
8 or judicial election following such appointment.
9 (d) Except as otherwise provided in this Article, not
10 less than six months before the general election preceding
11 the expiration of his term of office, a Supreme, Appellate or
12 Circuit Judge who has been elected to that office may file in
13 the office of the Secretary of State a declaration of
14 candidacy to succeed himself. The Secretary of State, not
15 less than 63 days before the election, shall certify the
16 Judge's candidacy to the proper election officials. The names
17 of Judges seeking retention shall be submitted to the
18 electors, separately and without party designation, on the
19 sole question whether each Judge shall be retained in office
20 for another term. The retention elections shall be conducted
21 at general elections in the appropriate Judicial District,
22 for Supreme and Appellate Judges, and in the circuit for
23 Circuit Judges. The affirmative vote of three-fifths of the
24 electors voting on the question shall elect the Judge to the
25 office for a term commencing on the first Monday in December
26 following his election.
27 (e) A law reducing the number of Appellate or Circuit
28 Judges shall be without prejudice to the right of the Judges
29 affected to seek retention in office. A reduction shall
30 become effective when a vacancy occurs in the affected unit.
31 (Source: Illinois Constitution.)
32 (ILCON Art. VI, Sec. 12.1 new)
33 SECTION 12.1. APPLICATION PROCESS FOR APPOINTMENT OF JUDGES
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1 IN THE FIRST JUDICIAL CIRCUIT
2 (a) A vacancy in the office of Judge in the First
3 Judicial Circuit shall be deemed to have occurred upon: (1)
4 the death, resignation, or removal of a Judge; (2) the
5 retirement of a Judge before or upon the expiration of his or
6 her current term; (3) the failure of a Judge to be retained
7 in office by the Judicial Review Commission or by the
8 electorate, as provided in Section 12.4; or (4) the creation
9 of a new judgeship by the General Assembly.
10 (b) For vacancies in a judgeship in the First Judicial
11 Circuit, the Chief Judge of the Circuit shall cause notice to
12 be given to the bar of the Circuit, in the same manner as
13 notice of matters of general interest to the bar is
14 customarily given in the Circuit, that the vacancy exists and
15 will be filled pursuant to the provisions of Section 12.2.
16 The notice of any vacancy covered by this Section shall be
17 given as soon as possible, but no later than 30 days after
18 the accumulation of five consecutive vacancies in the First
19 Judicial Circuit. The Chief Judge of the First Judicial
20 Circuit shall give notice of these vacancies to the Chair of
21 the Judicial Nominating Commission at the same time the Chief
22 Judge gives public notice of the vacancies. If the Chief
23 Judge of the First Judicial Circuit fails to give notice of
24 vacancies in the First Judicial Circuit within the time
25 period prescribed by this Section, the Director of the
26 Administrative Office of Illinois Courts shall give notice of
27 the relevant vacancies within five days of the expiration of
28 the time period set forth in this Section.
29 (c) Any person who is qualified to serve as a Judge
30 pursuant to the provisions of Section 11 may seek appointment
31 to fill any vacancy in the First Judicial Circuit, provided
32 that a person may seek to fill a vacancy in the First
33 Judicial Circuit or, where applicable, a subcircuit of the
34 First Judicial Circuit, only if he or she resides in the
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1 First Judicial Circuit and, where applicable, the particular
2 subcircuit of the First Judicial Circuit at the time the
3 vacancy arises. Any person seeking to fill a vacancy shall
4 have 30 days after the notice of vacancy is given within
5 which to file with the Chief Judge of the First Judicial
6 Circuit and with the Director of the Administrative Office of
7 Illinois Courts an application in the form prescribed and
8 furnished by the Director and shall also file any other
9 materials prescribed by the Judicial Nominating Commission
10 that is considering applications for the vacancy for which
11 the person is applying.
12 (ILCON Art. VI, Sec. 12.2 new)
13 SECTION 12.2. APPOINTMENT OF JUDGES IN THE FIRST JUDICIAL
14 CIRCUIT
15 (a) The Supreme Court shall fill vacancies in the First
16 Judicial Circuit, and any subcircuit thereof, from the
17 nominees submitted by the Judicial Nominating Commission for
18 the First Judicial Circuit or subcircuit thereof.
19 (b) The appropriate Judicial Nominating Commission shall
20 investigate the qualifications of all applicants for the
21 particular vacancy and, in particular, shall evaluate each
22 applicant's character, background, temperament, professional
23 aptitude, experience, intellect, integrity, sense of
24 compassion, and commitment to equal justice under law. All
25 applicants shall be considered for appointment by the
26 Judicial Nominating Commission free from discrimination on
27 the basis of race, color, creed, national origin, sex, sexual
28 orientation, disability (so long as the applicant is able to
29 perform the essential functions of a Judge), political party,
30 or political affiliation. Within 49 days after the last day
31 for applicants to file applications to fill the vacancy, the
32 Judicial Nominating Commission shall submit to the Supreme
33 Court and make public a list of the three best qualified
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1 nominees for the vacancy in alphabetical order, together with
2 a written statement setting forth its evaluation of each of
3 the three nominees, based on all of the criteria listed in
4 this subsection.
5 (c) Upon receipt of the Judicial Nominating Commission's
6 list of three nominees, the Chief Justice of the Supreme
7 Court shall promptly issue an order providing at least 28
8 days after the Supreme Court's receipt of the list of
9 nominees for the submission of written public comment about
10 the three nominees. All written comments shall be made
11 public by the Director of the Administrative Office of
12 Illinois Courts as soon as possible after they are received,
13 except that the comments shall be deemed confidential and not
14 be made public if the commenter so requests.
15 (d) No member of a Judicial Nominating Commission may be
16 appointed to State judicial office while serving on the
17 Commission or for a period of three years thereafter. The
18 Judicial Nominating Commission may not include on a list a
19 nominee who is on another list of nominees then pending
20 before the Supreme Court. The function of a list of nominees
21 shall terminate upon the making of the required appointment
22 from the list.
23 (e) The Supreme Court shall appoint an applicant to fill
24 the pending vacancy in the First Judicial Circuit no later
25 than 14 days after the close of the public comment period
26 provided under subsection (c).
27 (f) A person appointed to fill a vacancy pursuant to
28 this Section shall serve an initial term as specified in
29 Section 10.
30 (ILCON Art. VI, Sec. 12.3 new)
31 SECTION 12.3. JUDICIAL NOMINATING COMMISSIONS
32 (a) In the First Judicial Circuit, a circuit-wide
33 Judicial Nominating Commission shall be created to nominate,
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1 from those applicants who have applied for each at-large
2 vacancy on the Circuit Court for the First Judicial Circuit,
3 three candidates for each such vacancy. Separate Judicial
4 Nominating Commissions shall be created to nominate
5 candidates from those applicants who have applied for
6 vacancies in each subcircuit of the First Judicial Circuit.
7 (b) The circuit-wide Judicial Nominating Commission
8 shall consist of 15 members, eight of whom are not lawyers
9 and seven of whom are lawyers. Two of the non-lawyer members
10 and four of the lawyer members, all of whom shall be
11 residents of the First Judicial Circuit, shall be chosen from
12 the First Judicial Circuit at large. Two non-lawyer members
13 and one lawyer member shall be chosen from each of three
14 subdistricts within the First Judicial Circuit and they shall
15 be residents of the subdistrict from which they are chosen.
16 The subdistricts shall be determined on the basis of
17 population by the General Assembly in like manner to that
18 provided for legislative redistricting in Section 3 of
19 Article IV.
20 A separate Judicial Nominating Commission shall be
21 created for each judicial subcircuit within the First
22 Judicial Circuit. Each subcircuit Judicial Nominating
23 Commission shall consist of 11 members, six of whom are not
24 lawyers and five of whom are lawyers. Three of the
25 non-lawyer members and three of the lawyer members shall be
26 residents of the subcircuit in which they serve. The
27 remaining members shall be residents of the First Judicial
28 Circuit, but need not be residents of the subcircuit in which
29 they serve.
30 (c) Half of the non-lawyer members of each Judicial
31 Nominating Commission shall be appointed by the Attorney
32 General and the other half by the State official or officer
33 first in the order indicated who was elected to office and is
34 not affiliated with the same political party as the Attorney
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1 General: the Secretary of State, the Comptroller, the
2 Treasurer, the President of the Senate, the Speaker of the
3 House of Representatives, and the Minority Leader of the
4 Senate; provided that two of the resident non-lawyer members
5 and one of the resident lawyer members of each subcircuit
6 Judicial Nominating Commission shall be appointed by the
7 President of the Cook County Board of Commissioners and one
8 resident non-lawyer member and two resident lawyer members of
9 each subcircuit Judicial Nominating Commission shall be
10 appointed by the member of the Cook County Board of
11 Commissioners with the most seniority who is of another
12 political party than the President of the Cook County Board
13 of Commissioners.
14 (d) The lawyer members of each Judicial Nominating
15 Commission, except the resident lawyer members of subcircuit
16 Judicial Nominating Commissions, shall be selected by the
17 Supreme Court pursuant to Supreme Court Rule. Not more than
18 a simple majority of the lawyers appointed shall be primary
19 electors of the same political party.
20 (e) Upon appointment of the initial non-lawyer members
21 of each Judicial Nominating Commission, the Attorney General
22 shall divide the appointees by lot into three groups equal in
23 number as near as may be within one of his or her appointees
24 in each group and shall by lot designate the groups to serve
25 initial terms of two, four, and six years, respectively. The
26 initial lawyer members of each Judicial Nominating Commission
27 shall also be divided by lot into three groups equal in
28 number as near as may be and the groups shall by lot be
29 designated to serve initial terms of two, four, and six
30 years, respectively, all in such manner as provided by
31 Supreme Court Rule. Thereafter, the terms of all Judicial
32 Nominating Commission members shall be six years. No one who
33 shall have served a term of more than two years as a member
34 of a Judicial Nominating Commission shall be eligible to
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1 serve another term on a Judicial Nominating Commission for at
2 least three years after the expiration of his or her original
3 term.
4 (f) A vacancy in the non-lawyer membership of a Judicial
5 Nominating Commission shall be filled for an unexpired term
6 or for a full term, as the case may be, by the Attorney
7 General, if qualified by being affiliated with the same
8 political party as the official or officer who had appointed
9 the person whose vacancy is to be filled, or otherwise by the
10 State official or officer who is so qualified and first in
11 the order indicated in subsection (c). A vacancy in the
12 lawyer membership of a Judicial Nominating Commission shall
13 be filled for an unexpired term or for a full term, as the
14 case way be, by the Supreme Court pursuant to Supreme Court
15 Rule.
16 (g) The Chair of each Judicial Nominating Commission
17 shall be selected by majority vote of all members of the
18 Commission. The term of a Chair shall be two years unless
19 his or her term as a member of the Commission expires sooner.
20 (h) Any person who holds any office under the United
21 States, this State, or any political subdivision, municipal
22 corporation, or unit of local government of this State and
23 receives compensation for services rendered in that office,
24 or who holds any office or official position in a political
25 party, shall be ineligible to serve on a Judicial Nominating
26 Commission. Compensation for services in the State militia
27 or the armed services of the United States for a period of
28 time as may be determined by Supreme Court Rule shall not be
29 considered a disqualification. No member of a Judicial
30 Nominating Commission may be appointed to judicial office
31 while serving on the Commission or for a period of three
32 years thereafter.
33 (i) Each Judicial Nominating Commission may conduct
34 investigations, meetings, and hearings, all of which may be
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1 confidential, and employ staff members as may be necessary to
2 perform its duties. Members of each Commission shall not
3 receive any compensation for their services but shall be
4 entitled to reimbursement for necessary expenses. The
5 General Assembly shall appropriate funds for that
6 reimbursement and for all other administrative expenses of
7 the Judicial Nominating Commissions.
8 (j) Nominations by a Judicial Nominating Commission of
9 candidates for appointment to fill judicial vacancies shall
10 be submitted to the Supreme Court only upon the concurrence
11 of not less than three-fifths of all members of the
12 Commission.
13 (k) All members of each Judicial Nominating Commission
14 shall be subject to ethics and economic disclosure
15 requirements as provided by law.
16 (ILCON Art. VI, Sec. 12.4 new)
17 SECTION 12.4. RETENTION PROCEDURES FOR JUDGES IN THE FIRST
18 JUDICIAL CIRCUIT
19 (a) No later than the first Monday in December of the
20 calendar year before the year in which a term of a Judge of
21 the First Judicial Circuit expires pursuant to Section 10, he
22 or she may file in the office of the Director of the
23 Administrative Office of Illinois Courts a declaration of
24 candidacy for retention in that office. Any Judge of the
25 First Judicial Circuit who holds office subsequent to the
26 effective date of this Constitutional Amendment shall be
27 eligible for retention in the office to which he or she was
28 appointed. No later than 11 months before the general
29 election next preceding the expiration of the term of office
30 of a Judge seeking retention, the Director of the
31 Administrative Office of Illinois Courts shall notify the
32 Chair of the appropriate Judicial Review Commission of the
33 Judge's candidacy. The Chair shall then promptly convene the
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1 Commission.
2 (b) No later than 195 days before the general election
3 to be held in that calendar year, each Judicial Review
4 Commission shall issue a notice to the public and shall make
5 all reasonable efforts to publicize the notice. The notice
6 shall provide that any individual or organization shall have
7 until at least 165 days before the general election in which
8 to submit written comments about the performance of and
9 capacity to continue serving of any Judge being considered
10 for retention by the particular Judicial Review Commission.
11 The Judicial Review Commission's notice to the public shall
12 list the names and then current assignments of all Judges
13 being considered by it for retention and shall provide an
14 address to which written comments may be sent. All written
15 comments shall be made public by the Director of the
16 Administrative Office of Illinois Courts at the same time
17 that the evaluations of the Judges and the Judicial Review
18 Commission's written report on each Judge are made public
19 pursuant to subsection (d), except that written comments
20 shall not be made public if the commenter so requests.
21 (c) If by concurrence of not less than three-fifths of
22 its members the Judicial Review Commission finds the
23 candidate to be qualified to serve another term, the
24 candidate shall be deemed retained in office for a full term
25 commencing on the first Monday in December of that calendar
26 year. The standard for determining qualifications to serve
27 another term shall be the same used to determine whether a
28 person shall be recommended to fill a vacancy pursuant to
29 subsection (b) of Section 12.2.
30 All Judges shall be considered for retention by the
31 Judicial Review Commission free from discrimination on the
32 basis of race, color, creed, national origin, sex, sexual
33 orientation, disability (so long as the Judge can perform the
34 essential functions of a Judge), political party, or
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1 political affiliation. Not less than 150 days before the
2 general election to be held in that calendar year, the
3 Judicial Review Commission shall submit to each candidate its
4 finding as to whether the candidate is qualified or not
5 qualified to serve another term. The Judicial Review
6 Commission's finding shall include a written statement
7 evaluating the candidate's performance in office during the
8 term that is expiring and shall comment upon its assessment
9 of the candidate's performance under all of the criteria set
10 forth in subsection (b) of Section 12.2.
11 (d) Not less than 135 days before the election, the
12 Judicial Review Commission shall submit to the Director of
13 the Administrative Office of Illinois Courts a list stating
14 by name: (i) which candidates it has found qualified to serve
15 another term; (ii) which candidates it has found not
16 qualified to serve another term; and (iii) which candidates
17 have withdrawn their candidacy by written notification to the
18 Judicial Review Commission. At the same time that the
19 Judicial Review Commission tenders its list to the Director
20 of the Administrative Office of Illinois Courts, the Judicial
21 Review Commission shall also make its list public. In
22 addition, the Judicial Review Commission shall make public
23 its written evaluations, which it previously submitted to all
24 of the candidates who sought retention, except for those
25 candidates who withdrew their retention candidacies no later
26 than 135 days before the general election.
27 (e) A Judge found not qualified for retention by a
28 Judicial Review Commission shall have the right to stand for
29 retention by the electorate at the general election. The
30 Judge shall file in the office of the Secretary of State, not
31 less than 135 days before the election, a declaration of
32 candidacy for retention by the electorate. Not less than 115
33 days before the general election, the Secretary of State
34 shall certify the Judge's candidacy to the proper election
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1 officials. At the election, the name of each Judge who has
2 timely filed a declaration of candidacy for retention by the
3 electorate shall be submitted to the electorate, separately
4 and without party designation, on the sole question of
5 retention in office for another term. Retention elections
6 shall be conducted at the same time as general elections.
7 The affirmative vote of three-fifths of the electors voting
8 on the question of retention shall be necessary to retain a
9 Judge in that office for a full term commencing on the first
10 Monday in December following the election.
11 (f) A Judge eligible to file a declaration of candidacy
12 for retention who (i) fails to do so by the first Monday in
13 December of the calendar year before the expiration of his or
14 her then current term or (ii) declares his or her candidacy
15 for retention and subsequently withdraws that candidacy
16 pursuant to subsection (d) or fails of retention shall vacate
17 the office on the first Monday in December following the
18 general election held in that calendar year, whether or not a
19 successor shall yet have been selected and qualified. If an
20 incumbent Judge does not timely file a declaration of
21 candidacy for retention or withdraws as a candidate 135 days
22 or more before the next general election, the selection of a
23 successor, if any, shall proceed immediately in the manner
24 provided in Sections 12.1 and 12.2 so that the successor may
25 take office as soon as the vacancy occurs.
26 (g) An authorized reduction in the number of Judges in
27 the First Judicial Circuit shall be without prejudice to the
28 right of Judges in office at the time of the reduction to
29 seek retention in accordance with this Section. The
30 reduction shall become effective when a vacancy occurs in the
31 First Judicial Circuit.
32 (ILCON Art. VI, Sec. 12.5 new)
33 SECTION 12.5. JUDICIAL REVIEW COMMISSIONS
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1 (a) In the First Judicial Circuit, a Judicial Review
2 Commission shall be created to determine qualifications for
3 retention of Circuit Judges. A separate Judicial Review
4 Commission shall be created for each subcircuit of the First
5 Judicial Circuit to review the performance in office of any
6 Judge in the First Judicial Circuit who was originally
7 elected by subcircuit rather than on an at-large basis.
8 (b) The members of a Judicial Review Commission shall be
9 appointed as provided by subsections (b), (c), and (d) of
10 Section 12.3 with respect to members of a Judicial Nominating
11 Commission.
12 (c) The terms of all members of a Judicial Review
13 Commission shall begin 11 months before the general election
14 in each calendar year in which a general election is held and
15 shall expire on the first Monday in November of the same
16 calendar year. Appointments to a Judicial Review Commission
17 may not be made earlier than 45 days before the term is to
18 commence.
19 (d) A vacancy in the membership of a Judicial Review
20 Commission shall be promptly filled as provided in subsection
21 (f) of Section 12.3 with respect to vacancies on a Judicial
22 Nominating Commission.
23 (e) The Chair of each Judicial Review Commission shall
24 be elected by a majority vote of all of the members of the
25 Commission. The term of a Chair shall be 11 months.
26 (f) Judicial Review Commissions shall be governed by the
27 provisions of subsections (a), (b), (c), (d), (f), (h), (i),
28 (j), and (k) of Section 12.3 with respect to Judicial
29 Nominating Commissions, as well as by this Section.
30 SCHEDULE
31 This Constitutional Amendment takes effect upon being
32 declared adopted in accordance with Section 7 of the Illinois
33 Constitutional Amendment Act, except that Judicial Nominating
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1 Commissions shall be empaneled by the following April 1 and
2 the Director of the Administrative Office of Illinois Courts
3 shall not certify any judicial vacancies in the First
4 Judicial Circuit until the following July 1. A vacancy
5 occurring in any judicial office in the First Judicial
6 Circuit may be filled, until that July 1, as provided in
7 Section 12 of Article VI but only for a term ending upon the
8 selection of a Judge to fill the vacancy pursuant to Section
9 12.1.