SB3040 93RD GENERAL ASSEMBLY

LRB093 20889 JAM 46844 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB3040

Introduced 2/6/2004, by David Luechtefeld, Frank C. Watson, Kirk W. Dillard, John O. Jones

SYNOPSIS AS INTRODUCED:

705 ILCS 35/40 new

Amends the Circuit Courts Act. Creates a separate circuit court within each appellate district solely for medical malpractice actions. Requires that the Supreme Court appoint a selection panel to recommend medical malpractice circuit judges from among circuit judges who possess specified qualifications. The Supreme Court then assigns judges to the medical malpractice court. Provides for jury pools to be drawn from the entire appellate district. Effective July 1, 2004.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning the circuit courts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Circuit Courts Act is amended by adding Section 40 as follows:

(705 ILCS 35/40 new)

Sec. 40. Medical malpractice circuit courts.

(a) A medical malpractice circuit court shall be established in each appellate district of the State, the jurisdiction of which is limited solely to medical malpractice actions within the counties comprising that appellate district. Each medical malpractice circuit court shall be located in the same municipality where that appellate district's appellate court is located. A medical malpractice circuit court may convene anywhere within its appellate district as the convenience of the court and parties may warrant.

(b) Circuit judges in each appellate district shall be assigned to the medical malpractice circuit court as follows: 7 in the Second Appellate District, 7 in the Third Appellate District, 7 in the Fourth Appellate District, 7 in the Fifth Appellate District, and 11 in the First Appellate District.

(c) The Supreme Court shall appoint a medical malpractice circuit judge recommendation panel consisting of 5 members, 2 of whom shall be representative of medical malpractice plaintiffs, 2 of whom shall be representative of medical malpractice defendants, and one of whom shall be a professor of law. To be eligible to be recommended by the panel as a medical malpractice circuit judge, a person must be a circuit judge within the appellate district where the medical malpractice circuit court is located and must have (i) at least 10 years experience as a judge in Illinois, at least 5 of those years handling medical malpractice cases, (ii) at least 10 years experience as an Illinois attorney specializing in medical malpractice law, or (iii) at least 15 years combined experience as a judge in Illinois and an Illinois attorney specializing in medical malpractice law.

In recommending medical malpractice circuit judges within an appellate district, the panel must balance the number of judges with experience as an attorney representing medical malpractice plaintiffs with those with experience as an attorney representing medical malpractice defendants.

After receiving the recommendations of the panel, the Supreme Court shall assign circuit judges within the appellate district to the medical malpractice circuit court.

(d) Each medical malpractice circuit court shall have a jury administrator who shall work with the circuit court or subcircuit court jury commissions of the appellate district in which the medical malpractice circuit court is located to assure that each jury pool for the medical malpractice circuit court is drawn from the entire area comprising the appellate district in which the medical malpractice circuit court is located.

(e) No later than January 1, 2005, all new medical malpractice cases must be filed with the appropriate medical malpractice circuit court. A party may by motion request that a medical malpractice case pending before January 1, 2005 be transferred to the appropriate medical malpractice circuit court. That motion shall be granted unless it would cause extreme detriment to a party.

Section 99. Effective date. This Act takes effect July 1, 2004.