093_HB0960sam001











                                     LRB093 05788 JAM 19733 a

 1                     AMENDMENT TO HOUSE BILL 960

 2        AMENDMENT NO.     .  Amend House Bill  960  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Associate  Judges  Act  is  amended by
 5    changing Section 2 as follows:

 6        (705 ILCS 45/2) (from Ch. 37, par. 160.2)
 7        Sec. 2.  (a)  The  maximum  number  of  associate  judges
 8    authorized  for each circuit is the greater of the applicable
 9    minimum number specified in this  Section  or  one  for  each
10    35,000 or fraction thereof in population as determined by the
11    last  preceding  Federal  census,  except for circuits with a
12    population of more than 3,000,000 where the maximum number of
13    associate judges is one for each 29,000 or  fraction  thereof
14    in  population  as  determined  by the last preceding federal
15    census, reduced in circuits of less than 200,000  inhabitants
16    by  the  number  of  resident  circuit  judges elected in the
17    circuit in  excess  of  one  per  county.   In  addition,  in
18    circuits of 1,000,000 or more inhabitants, there shall be one
19    additional  associate  judge  authorized  for  each municipal
20    district of the circuit court. The number of associate judges
21    to be appointed in each circuit, not to  exceed  the  maximum
22    authorized,  shall  be  determined  from  time to time by the
 
                            -2-      LRB093 05788 JAM 19733 a
 1    Circuit  Court.  The  minimum  number  of  associate   judges
 2    authorized  for  any  circuit  consisting  of a single county
 3    shall be 14, except that the  minimum  in  the  22nd  circuit
 4    shall   be   8.   The  minimum  number  of  associate  judges
 5    authorized for any circuit consisting of 2  counties  with  a
 6    combined population of at least 275,000 but less than 300,000
 7    shall   be  10.   The  minimum  number  of  associate  judges
 8    authorized for any circuit with  a  population  of  at  least
 9    303,000  but  not  more than 309,000 shall be 10. The minimum
10    number of associate judges authorized for any circuit with  a
11    population  of  at  least  329,000, but not more than 335,000
12    shall  be  11.  The  minimum  number  of   associate   judges
13    authorized  for  any  circuit  with  a population of at least
14    173,000 shall be 5.   As  used  in  this  Section,  the  term
15    "resident  circuit  judge"  has  the  meaning given it in the
16    Judicial Vacancies Act.
17        (b)  The maximum number of  associate  judges  authorized
18    under  subsection (a) for a circuit with a population of more
19    than  3,000,000  shall  be  reduced  as  provided   in   this
20    subsection (b).  For each vacancy that exists on or occurs on
21    or  after  the effective date of this amendatory Act of 1990,
22    that maximum number shall be reduced by one until  the  total
23    number of associate judges authorized under subsection (a) is
24    reduced  by 60.  A vacancy exists or occurs when an associate
25    judge  dies,  resigns,  retires,  is  removed,  or   is   not
26    reappointed  upon  expiration  of  his or her term; a vacancy
27    does not exist or occur at the expiration of a  term  if  the
28    associate judge is reappointed.
29        (c)  The  maximum  number  of associate judges authorized
30    under subsection (a) for the 12th judicial circuit, which  is
31    one  associate  judge  for each 35,000 or fraction thereof of
32    population  as  determined  by  the  last  preceding  federal
33    census, shall be reduced as provided in this subsection  (c).
34    For  each  vacancy  that exists on or occurs after August 18,
 
                            -3-      LRB093 05788 JAM 19733 a
 1    2003 the effective date of this amendatory Act  of  the  93rd
 2    General Assembly, that maximum number shall be reduced by one
 3    until  the  total number of associate judges authorized under
 4    subsection (a) is reduced by 2. At no time shall  the  number
 5    of  associate  judges  be reduced below the minimum number of
 6    associate  judgeships  authorized  under  subsection  (a).  A
 7    vacancy exists or occurs when (i) a new  associate  judgeship
 8    has  been  authorized  under  subsection  (a)  for  the  12th
 9    judicial  circuit,  but has not been filled by appointment or
10    (ii) an associate judge dies, resigns, retires,  is  removed,
11    or  is  not reappointed upon expiration of his or her term. A
12    vacancy does not exist or occur at the expiration of  a  term
13    if the associate judge is reappointed.
14    (Source: P.A. 92-17, eff. 6-28-01; 93-541, eff. 8-18-03.)

15        Section  99.  Effective date.  This Act takes effect upon
16    becoming law.".