HC0028 94TH GENERAL ASSEMBLY

LRB094 16154 JAM 51394 e

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0028

Introduced 1/24/2006, by Rep. Elizabeth Coulson

SYNOPSIS AS INTRODUCED:

Proposes to amend the Judiciary Article of the Illinois Constitution. Provides that judicial vacancies in the Circuit of Cook County, including those created by the expiration of a term of office, shall be filled by appointments by the Illinois Supreme Court from nominees submitted by circuit-wide and subcircuit Judicial Nominating Commissions. Provides that Judges of the Circuit of Cook County may be retained in office by approval of Judicial Review Commissions or by approval of three-fifths of the voters at retention elections. Provides for appointment of the various commissions. Effective upon being declared adopted, and applies to vacancies occurring on or after the following July 1.

A BILL FOR

HOUSE JOINT RESOLUTION

CONSTITUTIONAL AMENDMENT

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Sections 10, 11, and 12 of and add Sections 12.1, 12.2, 12.3, 12.4, and 12.5 to Article VI of the Illinois Constitution as follows:

ARTICLE VI

THE JUDICIARY

(ILCON Art. VI, Sec. 10)

SECTION 10. TERMS OF OFFICE

(a) Except as provided in subsection (b), the terms of office of Supreme and Appellate Court Judges shall be ten years; of Circuit Judges, six years; and of Associate Judges, four years.

(b) The initial term for each Judge of the Circuit of Cook County appointed to office under Section 12.1 shall expire on the first Monday in December following the third general election after his or her appointment. Thereafter, if retained in office pursuant to Section 12.4, the term of all Judges of the Circuit of Cook County shall be 10 years. Terms of office for Judges of the Circuit of Cook County elected before the effective date of this Constitutional Amendment shall expire at the end of the term for which they were elected.

(Source: Illinois Constitution.)

(ILCON Art. VI, Sec. 11)

SECTION 11. ELIGIBILITY FOR OFFICE

No person shall be eligible to be a Judge or Associate Judge unless he or she is a United States citizen, a licensed attorney-at-law of this State, and a resident of the unit which selects him or her. No change in the boundaries of a unit after a Judge or Associate Judge is selected shall affect the tenure in office of a Judge or Associate Judge incumbent at the time of the change or prohibit that Judge from seeking retention when his or her current or any future term expires incumbent at the time of such change.

(Source: Illinois Constitution.)

(ILCON Art. VI, Sec. 12)

SECTION 12. ELECTION AND RETENTION

(a) Except as otherwise provided in this Article, Supreme, Appellate and Circuit Judges shall be nominated at primary elections or by petition. Judges shall be elected at general or judicial elections as the General Assembly shall provide by law. A person eligible for the office of Judge may cause his name to appear on the ballot as a candidate for Judge at the primary and at the general or judicial elections by submitting petitions. The General Assembly shall prescribe by law the requirements for petitions.

(b) Except as otherwise provided in this Article, the office of a Judge shall be vacant upon his death, resignation, retirement, removal, or upon the conclusion of his term without retention in office. Whenever an additional Appellate or Circuit Judge is authorized by law, the office shall be filled in the manner provided for filling a vacancy in that office.

(c) Except as otherwise provided in this Article, a vacancy occurring in the office of Supreme, Appellate or Circuit Judge shall be filled as the General Assembly may provide by law. In the absence of a law, vacancies may be filled by appointment by the Supreme Court. A person appointed to fill a vacancy 60 or more days prior to the next primary election to nominate Judges shall serve until the vacancy is filled for a term at the next general or judicial election. A person appointed to fill a vacancy less than 60 days prior to the next primary election to nominate Judges shall serve until the vacancy is filled at the second general or judicial election following such appointment.

(d) Except as otherwise provided in this Article, not less than six months before the general election preceding the expiration of his term of office, a Supreme, Appellate or Circuit Judge who has been elected to that office may file in the office of the Secretary of State a declaration of candidacy to succeed himself. The Secretary of State, not less than 63 days before the election, shall certify the Judge's candidacy to the proper election officials. The names of Judges seeking retention shall be submitted to the electors, separately and without party designation, on the sole question whether each Judge shall be retained in office for another term. The retention elections shall be conducted at general elections in the appropriate Judicial District, for Supreme and Appellate Judges, and in the circuit for Circuit Judges. The affirmative vote of three-fifths of the electors voting on the question shall elect the Judge to the office for a term commencing on the first Monday in December following his election.

(e) A law reducing the number of Appellate or Circuit Judges shall be without prejudice to the right of the Judges affected to seek retention in office. A reduction shall become effective when a vacancy occurs in the affected unit.

(Source: Illinois Constitution.)

(ILCON Art. VI, Sec. 12.1 new)

SECTION 12.1. APPLICATION PROCESS FOR APPOINTMENT OF JUDGES IN THE CIRCUIT OF COOK COUNTY

(a) A vacancy in the office of Judge in the Circuit of Cook County shall be deemed to have occurred upon: (1) the death, resignation, or removal of a Judge; (2) the retirement of a Judge before or upon the expiration of his or her current term; (3) the failure of a Judge to be retained in office by the Judicial Review Commission or by the electorate, as provided in Section 12.4; or (4) the creation of a new judgeship by the General Assembly.

(b) For vacancies in a judgeship in the Circuit of Cook County, the Chief Judge of the Circuit shall cause notice to be given to the bar of the Circuit, in the same manner as notice of matters of general interest to the bar is customarily given in the Circuit, that the vacancy exists and will be filled pursuant to the provisions of Section 12.2. The notice of any vacancy covered by this Section shall be given as soon as possible, but no later than 30 days after the accumulation of five consecutive vacancies in the Circuit of Cook County. The Chief Judge of the Circuit of Cook County shall give notice of these vacancies to the Chair of the Judicial Nominating Commission at the same time the Chief Judge gives public notice of the vacancies. If the Chief Judge of the Circuit of Cook County fails to give notice of vacancies in the Circuit of Cook County within the time period prescribed by this Section, the Director of the Administrative Office of Illinois Courts shall give notice of the relevant vacancies within five days of the expiration of the time period set forth in this Section.

(c) Any person who is qualified to serve as a Judge pursuant to the provisions of Section 11 may seek appointment to fill any vacancy in the Circuit of Cook County, provided that a person may seek to fill a vacancy in the Circuit of Cook County or, where applicable, a subcircuit of the Circuit of Cook County, only if he or she resides in the Circuit of Cook County and, where applicable, the particular subcircuit of the Circuit of Cook County at the time the vacancy arises. Any person seeking to fill a vacancy shall have 30 days after the notice of vacancy is given within which to file with the Chief Judge of the Circuit of Cook County and with the Director of the Administrative Office of Illinois Courts an application in the form prescribed and furnished by the Director and shall also file any other materials prescribed by the Judicial Nominating Commission that is considering applications for the vacancy for which the person is applying.

(ILCON Art. VI, Sec. 12.2 new)

SECTION 12.2. APPOINTMENT OF JUDGES IN THE CIRCUIT OF COOK COUNTY

(a) The Supreme Court shall fill vacancies in the Circuit of Cook County, and any subcircuit thereof, from the nominees submitted by the Judicial Nominating Commission for the Circuit of Cook County or subcircuit thereof.

(b) The appropriate Judicial Nominating Commission shall investigate the qualifications of all applicants for the particular vacancy and, in particular, shall evaluate each applicant's character, background, temperament, professional aptitude, experience, intellect, integrity, sense of compassion, and commitment to equal justice under law. All applicants shall be considered for appointment by the Judicial Nominating Commission free from discrimination on the basis of race, color, creed, national origin, sex, sexual orientation, disability (so long as the applicant is able to perform the essential functions of a Judge), political party, or political affiliation. Within 49 days after the last day for applicants to file applications to fill the vacancy, the Judicial Nominating Commission shall submit to the Supreme Court and make public a list of the three best qualified nominees for the vacancy in alphabetical order, together with a written statement setting forth its evaluation of each of the three nominees, based on all of the criteria listed in this subsection.

(c) Upon receipt of the Judicial Nominating Commission's list of three nominees, the Chief Justice of the Supreme Court shall promptly issue an order providing at least 28 days after the Supreme Court's receipt of the list of nominees for the submission of written public comment about the three nominees. All written comments shall be made public by the Director of the Administrative Office of Illinois Courts as soon as possible after they are received, except that the comments shall be deemed confidential and not be made public if the commenter so requests.

(d) No member of a Judicial Nominating Commission may be appointed to State judicial office while serving on the Commission or for a period of three years thereafter. The Judicial Nominating Commission may not include on a list a nominee who is on another list of nominees then pending before the Supreme Court. The function of a list of nominees shall terminate upon the making of the required appointment from the list.

(e) The Supreme Court shall appoint an applicant to fill the pending vacancy in the Circuit of Cook County no later than 14 days after the close of the public comment period provided under subsection (c).

(f) A person appointed to fill a vacancy pursuant to this Section shall serve an initial term as specified in Section 10.

(ILCON Art. VI, Sec. 12.3 new)

SECTION 12.3. JUDICIAL NOMINATING COMMISSIONS

(a) In the Circuit of Cook County, a circuit-wide Judicial Nominating Commission shall be created to nominate, from those applicants who have applied for each at-large vacancy on the Circuit Court for the Circuit of Cook County, three candidates for each such vacancy. Separate Judicial Nominating Commissions shall be created to nominate candidates from those applicants who have applied for vacancies in each subcircuit of the Circuit of Cook County.

(b) The circuit-wide Judicial Nominating Commission shall consist of 15 members, eight of whom are not lawyers and seven of whom are lawyers. Two of the non-lawyer members and four of the lawyer members, all of whom shall be residents of the Circuit of Cook County, shall be chosen from the Circuit of Cook County at large. Two non-lawyer members and one lawyer member shall be chosen from each of three subdistricts within the Circuit of Cook County and they shall be residents of the subdistrict from which they are chosen. The subdistricts shall be determined on the basis of population by the General Assembly in like manner to that provided for legislative redistricting in Section 3 of Article IV.

A separate Judicial Nominating Commission shall be created for each judicial subcircuit within the Circuit of Cook County. Each subcircuit Judicial Nominating Commission shall consist of 11 members, six of whom are not lawyers and five of whom are lawyers. Three of the non-lawyer members and three of the lawyer members shall be residents of the subcircuit in which they serve. The remaining members shall be residents of the Circuit of Cook County, but need not be residents of the subcircuit in which they serve.

(c) Half of the non-lawyer members of each Judicial Nominating Commission shall be appointed by the Attorney General and the other half by the State official or officer first in the order indicated who was elected to office and is not affiliated with the same political party as the Attorney General: the Secretary of State, the Comptroller, the Treasurer, the President of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the Senate; provided that two of the resident non-lawyer members and one of the resident lawyer members of each subcircuit Judicial Nominating Commission shall be appointed by the President of the Cook County Board of Commissioners and one resident non-lawyer member and two resident lawyer members of each subcircuit Judicial Nominating Commission shall be appointed by the member of the Cook County Board of Commissioners with the most seniority who is of another political party than the President of the Cook County Board of Commissioners.

(d) The lawyer members of each Judicial Nominating Commission, except the resident lawyer members of subcircuit Judicial Nominating Commissions, shall be selected by the Supreme Court pursuant to Supreme Court Rule. Not more than a simple majority of the lawyers appointed shall be primary electors of the same political party.

(e) Upon appointment of the initial non-lawyer members of each Judicial Nominating Commission, the Attorney General shall divide the appointees by lot into three groups equal in number as near as may be within one of his or her appointees in each group and shall by lot designate the groups to serve initial terms of two, four, and six years, respectively. The initial lawyer members of each Judicial Nominating Commission shall also be divided by lot into three groups equal in number as near as may be and the groups shall by lot be designated to serve initial terms of two, four, and six years, respectively, all in such manner as provided by Supreme Court Rule. Thereafter, the terms of all Judicial Nominating Commission members shall be six years. No one who shall have served a term of more than two years as a member of a Judicial Nominating Commission shall be eligible to serve another term on a Judicial Nominating Commission for at least three years after the expiration of his or her original term.

(f) A vacancy in the non-lawyer membership of a Judicial Nominating Commission shall be filled for an unexpired term or for a full term, as the case may be, by the Attorney General, if qualified by being affiliated with the same political party as the official or officer who had appointed the person whose vacancy is to be filled, or otherwise by the State official or officer who is so qualified and first in the order indicated in subsection (c). A vacancy in the lawyer membership of a Judicial Nominating Commission shall be filled for an unexpired term or for a full term, as the case way be, by the Supreme Court pursuant to Supreme Court Rule.

(g) The Chair of each Judicial Nominating Commission shall be selected by majority vote of all members of the Commission. The term of a Chair shall be two years unless his or her term as a member of the Commission expires sooner.

(h) Any person who holds any office under the United States, this State, or any political subdivision, municipal corporation, or unit of local government of this State and receives compensation for services rendered in that office, or who holds any office or official position in a political party, shall be ineligible to serve on a Judicial Nominating Commission. Compensation for services in the State militia or the armed services of the United States for a period of time as may be determined by Supreme Court Rule shall not be considered a disqualification. No member of a Judicial Nominating Commission may be appointed to judicial office while serving on the Commission or for a period of three years thereafter.

(i) Each Judicial Nominating Commission may conduct investigations, meetings, and hearings, all of which may be confidential, and employ staff members as may be necessary to perform its duties. Members of each Commission shall not receive any compensation for their services but shall be entitled to reimbursement for necessary expenses. The General Assembly shall appropriate funds for that reimbursement and for all other administrative expenses of the Judicial Nominating Commissions.

(j) Nominations by a Judicial Nominating Commission of candidates for appointment to fill judicial vacancies shall be submitted to the Supreme Court only upon the concurrence of not less than three-fifths of all members of the Commission.

(k) All members of each Judicial Nominating Commission shall be subject to ethics and economic disclosure requirements as provided by law.

(ILCON Art. VI, Sec. 12.4 new)

SECTION 12.4. RETENTION PROCEDURES FOR JUDGES IN THE CIRCUIT OF COOK COUNTY

(a) No later than the first Monday in December of the calendar year before the year in which a term of a Judge of the Circuit of Cook County expires pursuant to Section 10, he or she may file in the office of the Director of the Administrative Office of Illinois Courts a declaration of candidacy for retention in that office. Any Judge of the Circuit of Cook County who holds office subsequent to the effective date of this Constitutional Amendment shall be eligible for retention in the office to which he or she was appointed. No later than 11 months before the general election next preceding the expiration of the term of office of a Judge seeking retention, the Director of the Administrative Office of Illinois Courts shall notify the Chair of the appropriate Judicial Review Commission of the Judge's candidacy. The Chair shall then promptly convene the Commission.

(b) No later than 195 days before the general election to be held in that calendar year, each Judicial Review Commission shall issue a notice to the public and shall make all reasonable efforts to publicize the notice. The notice shall provide that any individual or organization shall have until at least 165 days before the general election in which to submit written comments about the performance of and capacity to continue serving of any Judge being considered for retention by the particular Judicial Review Commission. The Judicial Review Commission's notice to the public shall list the names and then current assignments of all Judges being considered by it for retention and shall provide an address to which written comments may be sent. All written comments shall be made public by the Director of the Administrative Office of Illinois Courts at the same time that the evaluations of the Judges and the Judicial Review Commission's written report on each Judge are made public pursuant to subsection (d), except that written comments shall not be made public if the commenter so requests.

(c) If by concurrence of not less than three-fifths of its members the Judicial Review Commission finds the candidate to be qualified to serve another term, the candidate shall be deemed retained in office for a full term commencing on the first Monday in December of that calendar year. The standard for determining qualifications to serve another term shall be the same used to determine whether a person shall be recommended to fill a vacancy pursuant to subsection (b) of Section 12.2.

All Judges shall be considered for retention by the Judicial Review Commission free from discrimination on the basis of race, color, creed, national origin, sex, sexual orientation, disability (so long as the Judge can perform the essential functions of a Judge), political party, or political affiliation. Not less than 150 days before the general election to be held in that calendar year, the Judicial Review Commission shall submit to each candidate its finding as to whether the candidate is qualified or not qualified to serve another term. The Judicial Review Commission's finding shall include a written statement evaluating the candidate's performance in office during the term that is expiring and shall comment upon its assessment of the candidate's performance under all of the criteria set forth in subsection (b) of Section 12.2.

(d) Not less than 135 days before the election, the Judicial Review Commission shall submit to the Director of the Administrative Office of Illinois Courts a list stating by name: (i) which candidates it has found qualified to serve another term; (ii) which candidates it has found not qualified to serve another term; and (iii) which candidates have withdrawn their candidacy by written notification to the Judicial Review Commission. At the same time that the Judicial Review Commission tenders its list to the Director of the Administrative Office of Illinois Courts, the Judicial Review Commission shall also make its list public. In addition, the Judicial Review Commission shall make public its written evaluations, which it previously submitted to all of the candidates who sought retention, except for those candidates who withdrew their retention candidacies no later than 135 days before the general election.

(e) A Judge found not qualified for retention by a Judicial Review Commission shall have the right to stand for retention by the electorate at the general election. The Judge shall file in the office of the Secretary of State, not less than 135 days before the election, a declaration of candidacy for retention by the electorate. Not less than 115 days before the general election, the Secretary of State shall certify the Judge's candidacy to the proper election officials. At the election, the name of each Judge who has timely filed a declaration of candidacy for retention by the electorate shall be submitted to the electorate, separately and without party designation, on the sole question of retention in office for another term. Retention elections shall be conducted at the same time as general elections. The affirmative vote of three-fifths of the electors voting on the question of retention shall be necessary to retain a Judge in that office for a full term commencing on the first Monday in December following the election.

(f) A Judge eligible to file a declaration of candidacy for retention who (i) fails to do so by the first Monday in December of the calendar year before the expiration of his or her then current term or (ii) declares his or her candidacy for retention and subsequently withdraws that candidacy pursuant to subsection (d) or fails of retention shall vacate the office on the first Monday in December following the general election held in that calendar year, whether or not a successor shall yet have been selected and qualified. If an incumbent Judge does not timely file a declaration of candidacy for retention or withdraws as a candidate 135 days or more before the next general election, the selection of a successor, if any, shall proceed immediately in the manner provided in Sections 12.1 and 12.2 so that the successor may take office as soon as the vacancy occurs.

(g) An authorized reduction in the number of Judges in the Circuit of Cook County shall be without prejudice to the right of Judges in office at the time of the reduction to seek retention in accordance with this Section. The reduction shall become effective when a vacancy occurs in the Circuit of Cook County.

(ILCON Art. VI, Sec. 12.5 new)

SECTION 12.5. JUDICIAL REVIEW COMMISSIONS

(a) In the Circuit of Cook County, a Judicial Review Commission shall be created to determine qualifications for retention of Circuit Judges. A separate Judicial Review Commission shall be created for each subcircuit of the Circuit of Cook County to review the performance in office of any Judge in the Circuit of Cook County who was originally elected by subcircuit rather than on an at-large basis.

(b) The members of a Judicial Review Commission shall be appointed as provided by subsections (b), (c), and (d) of Section 12.3 with respect to members of a Judicial Nominating Commission.

(c) The terms of all members of a Judicial Review Commission shall begin 11 months before the general election in each calendar year in which a general election is held and shall expire on the first Monday in November of the same calendar year. Appointments to a Judicial Review Commission may not be made earlier than 45 days before the term is to commence.

(d) A vacancy in the membership of a Judicial Review Commission shall be promptly filled as provided in subsection (f) of Section 12.3 with respect to vacancies on a Judicial Nominating Commission.

(e) The Chair of each Judicial Review Commission shall be elected by a majority vote of all of the members of the Commission. The term of a Chair shall be 11 months.

(f) Judicial Review Commissions shall be governed by the provisions of subsections (a), (b), (c), (d), (f), (h), (i), (j), and (k) of Section 12.3 with respect to Judicial Nominating Commissions, as well as by this Section.

SCHEDULE

This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act, except that Judicial Nominating Commissions shall be empaneled by the following April 1 and the Director of the Administrative Office of Illinois Courts shall not certify any judicial vacancies in the Circuit of Cook County until the following July 1. A vacancy occurring in any judicial office in the Circuit of Cook County may be filled, until that July 1, as provided in Section 12 of Article VI but only for a term ending upon the selection of a Judge to fill the vacancy pursuant to Section 12.1.