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| [ Introduced ] | [ House Amendment 001 ] |
92_HB0829eng HB0829 Engrossed LRB9206321DJgc 1 AN ACT concerning 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 Section 2 as follows: 6 (705 ILCS 35/2) (from Ch. 37, par. 72.2) 7 Sec. 2. Circuit judges; election; oath. Circuit judges 8 shall be elected at the general elections and for terms as 9 provided in Article VI of the Illinois Constitution. 10 Ninety-four circuit judges shall be elected in the Circuit of 11 Cook County and 3 circuit judges shall be elected in each of 12 the other circuits, but in circuits other than Cook County 13 containing a population of 230,000 or more inhabitants and in 14 which there is included a county containing a population of 15 200,000 or more inhabitants, or in circuits other than Cook 16 County containing a population of 270,000 or more 17 inhabitants, according to the last preceding federal census 18 and in the circuit where the seat of State government is 19 situated at the time fixed by law for the nomination of 20 judges of the Circuit Court in such circuit and in any 21 circuit which meets the requirements set out in Section 2a of 22 this Act, 4 circuit judges shall be elected in the manner 23 provided by law. In circuits other than Cook County in which 24 each county in the circuit has a population of 475,000 or 25 more, 4 circuit judges shall be elected in addition to the 4 26 circuit judges provided for in this Section. In any circuit 27 composed of 2 counties having a total population of 350,000 28 or more, one circuit judge shall be elected in addition to 29 the 4 circuit judges provided for in this Section. The 30 several judges of the circuit courts of this State, before 31 entering upon the duties of their office, shall take and HB0829 Engrossed -2- LRB9206321DJgc 1 subscribe the following oath or affirmation, which shall be 2 filed in the office of the Secretary of State: 3 "I do solemnly swear (or affirm, as the case may be) that 4 I will support the constitution of the United States, and the 5 constitution of the State of Illinois, and that I will 6 faithfully discharge the duties of judge of.... court, 7 according to the best of my ability." 8 One of the 3 additional circuit judgeships authorized by 9 this amendatory Act in circuits other than Cook County in 10 which each county in the circuit has a population of 475,000 11 or more may be filled when this Act becomes law. The 2 12 remaining circuit judgeships in such circuits shall not be 13 filled until on or after July 1, 1977. 14 (Source: P.A. 86-786; 86-1478.) 15 Section 10. The Judicial Vacancies Act is amended by 16 changing Section 2 as follows: 17 (705 ILCS 40/2) (from Ch. 37, par. 72.42) 18 Sec. 2. Vacancies in office of judge. 19 (a) Except as provided in paragraphs (1), (2), (3) and 20 (4) of this subsection (a), vacancies in the office of a 21 resident circuit judge in any county or in any unit or 22 subcircuit of any circuit shall not be filled. 23 (1) If in any county of less than 45,000 24 inhabitants there remains in office no other resident 25 judge following the occurrence of a vacancy, such vacancy 26 shall be filled. 27 (2) If in any county of 45,000 or more but less 28 than 60,000 inhabitants there remains in office only one 29 resident judge following the occurrence of a vacancy, 30 such vacancy shall be filled. 31 (3) If in any county of 60,000 or more inhabitants, 32 other than the County of Cook, there remain in office no HB0829 Engrossed -3- LRB9206321DJgc 1 more than 2 resident judges following the occurrence of a 2 vacancy, such vacancy shall be filled. 3 (4) The County of Cook shall have 165 resident 4 judges on and after the effective date of this amendatory 5 Act of 1990. Of those resident judgeships, (i) 56 shall 6 be those authorized before the effective date of this 7 amendatory Act of 1990 from the unit of the Circuit of 8 Cook County within Chicago, (ii) 27 shall be those 9 authorized before the effective date of this amendatory 10 Act of 1990 from the unit of the Circuit of Cook County 11 outside Chicago, (iii) 12 shall be additional resident 12 judgeships first elected at the general election in 13 November of 1992, (iv) 10 shall be additional resident 14 judgeships first elected at the general election in 15 November of 1994, and (v) 60 shall be additional resident 16 judgeships to be authorized one each for each reduction 17 upon vacancy in the office of associate judge in the 18 Circuit of Cook County as those vacancies exist or occur 19 on and after the effective date of this amendatory Act of 20 1990 and as those vacancies are determined under 21 subsection (b) of Section 2 of the Associate Judges Act 22 until the total resident judgeships authorized under this 23 item (v) is 60. Seven of the 12 additional resident 24 judgeships provided in item (iii) may be filled by 25 appointment by the Supreme Court during the period 26 beginning on the effective date of this amendatory Act of 27 1990 and ending 60 days before the primary election in 28 March of 1992; those judicial appointees shall serve 29 until the first Monday in December of 1992. Five of the 30 12 additional resident judgeships provided in item (iii) 31 may be filled by appointment by the Supreme Court during 32 the period beginning July 1, 1991 and ending 60 days 33 before the primary election in March of 1992; those 34 judicial appointees shall serve until the first Monday in HB0829 Engrossed -4- LRB9206321DJgc 1 December of 1992. Five of the 10 additional resident 2 judgeships provided in item (iv) may be filled by 3 appointment by the Supreme Court during the period 4 beginning July 1, 1992 and ending 60 days before the 5 primary election in March of 1994; those judicial 6 appointees shall serve until the first Monday in December 7 of 1994. The remaining 5 of the 10 additional resident 8 judgeships provided in item (iv) may be filled by 9 appointment by the Supreme Court during the period 10 beginning July 1, 1993 and ending 60 days before the 11 primary election in March of 1994; those judicial 12 appointees shall serve until the first Monday in December 13 1994. The additional resident judgeships created upon 14 vacancy in the office of associate judge provided in item 15 (v) may be filled by appointment by the Supreme Court 16 beginning on the effective date of this amendatory Act of 17 1990; but no additional resident judgeships created upon 18 vacancy in the office of associate judge provided in item 19 (v) shall be filled during the 59 day period before the 20 next primary election to nominate judges. The Circuit of 21 Cook County shall be divided into units to be known as 22 subcircuits as provided in Section 2f of the Circuit 23 Courts Act. A vacancy in the office of resident judge of 24 the Circuit of Cook County existing on or occurring on or 25 after the effective date of this amendatory Act of 1990, 26 but before the date the subcircuits are created by law, 27 shall be filled by appointment by the Supreme Court from 28 the unit within Chicago or the unit outside Chicago, as 29 the case may be, in which the vacancy occurs and filled 30 by election from the subcircuit to which it is allotted 31 under Section 2f of the Circuit Courts Act. A vacancy in 32 the office of resident judge of the Circuit of Cook 33 County existing on or occurring on or after the date the 34 subcircuits are created by law shall be filled by HB0829 Engrossed -5- LRB9206321DJgc 1 appointment by the Supreme Court and by election from the 2 subcircuit to which it is allotted under Section 2f of 3 the Circuit Courts Act. 4 (b) Nothing in paragraphs (2) or (3) of subsection (a) 5 of this Section shall be construed to require or permit in 6 any county a greater number of resident judges than there 7 were resident associate judges on January 1, 1967. 8 (c) Vacancies authorized to be filled by this Section 2 9 shall be filled in the manner provided in Article VI of the 10 Constitution. 11 (d) A person appointed to fill a vacancy in the office 12 of circuit judge shall be, at the time of appointment, a 13 resident of the subcircuit from which the person whose 14 vacancy is being filled was elected if the vacancy occurred 15 in Cook County. If a vacancy in the office of circuit judge 16 occurred in a circuit other than Cook County, a person 17 appointed to fill the vacancy shall be, at the time of 18 appointment, a resident of the circuit from which the person 19 whose vacancy is being filled was elected. If a vacancy 20 occurred in the office of a resident circuit judge, a person 21 appointed to fill the vacancy shall be, at the time of 22 appointment, a resident of the county from which the person 23 whose vacancy is being filled was elected. 24 (Source: P.A. 90-342, eff. 8-8-97.) 25 Section 15. The Associate Judges Act is amended by 26 changing Section 2 as follows: 27 (705 ILCS 45/2) (from Ch. 37, par. 160.2) 28 Sec. 2. Number of associate judges. 29 (a) The maximum number of associate judges authorized 30 for each circuit is one for each 35,000 or fraction thereof 31 in population as determined by the last preceding Federal 32 census, except for circuits with a population of more than HB0829 Engrossed -6- LRB9206321DJgc 1 3,000,000 where the maximum number of associate judges is one 2 for each 29,000 or fraction thereof in population as 3 determined by the last preceding federal census, reduced in 4 circuits of less than 200,000 inhabitants by the number of 5 resident circuit judges elected in the circuit in excess of 6 one per county. In addition, in circuits of 1,000,000 or 7 more inhabitants, there shall be one additional associate 8 judge authorized for each municipal district of the circuit 9 court. The number of associate judges to be appointed in each 10 circuit, not to exceed the maximum authorized, shall be 11 determined from time to time by the Circuit Court. The 12 minimum number of associate judges authorized for any circuit 13 consisting of a single county shall be 14. The minimum 14 number of associate judges authorized for any circuit 15 consisting of 2 counties with a combined population of at 16 least 275,000 but less than 300,000 shall be 10. The minimum 17 number of associate judges authorized for any circuit with a 18 population of at least 303,000 but not more than 309,000 19 shall be 10. The minimum number of associate judges 20 authorized for any circuit with a population of at least 21 329,000, but not more than 335,000 shall be 11. The minimum 22 number of associate judges authorized for any circuit with a 23 population of at least 173,000 but not more than 177,000 24 shall be 5. As used in this Section, the term "resident 25 circuit judge" has the meaning given it in the Judicial 26 Vacancies Act. 27 (b) The maximum number of associate judges authorized 28 under subsection (a) for a circuit with a population of more 29 than 3,000,000 shall be reduced as provided in this 30 subsection (b). For each vacancy that exists on or occurs on 31 or after the effective date of this amendatory Act of 1990, 32 that maximum number shall be reduced by one until the total 33 number of associate judges authorized under subsection (a) is 34 reduced by 60. A vacancy exists or occurs when an associate HB0829 Engrossed -7- LRB9206321DJgc 1 judge dies, resigns, retires, is removed, or is not 2 reappointed upon expiration of his or her term; a vacancy 3 does not exist or occur at the expiration of a term if the 4 associate judge is reappointed. 5 (Source: P.A. 86-786; 86-1478; 87-145; 87-435; 87-1073; 6 87-1230; 87-1261.)