Judiciary I - Civil Law Committee
Filed: 3/12/2008
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1 | AMENDMENT TO HOUSE BILL 4543
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2 | AMENDMENT NO. ______. Amend House Bill 4543 by replacing | ||||||
3 | everything after the enacting clause with the following: | ||||||
4 | "Section 5. The Circuit Courts Act is amended by changing | ||||||
5 | Sections 2f-2, 2f-5, 2f-6, and 2f-9 and by adding Sections 2k, | ||||||
6 | 2k-1, 2k-2, 2k-3, and 2k-4 as follows:
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7 | (705 ILCS 35/2f-2)
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8 | Sec. 2f-2. 19th judicial circuit; subcircuits.
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9 | (a) The 19th circuit shall be divided into 6 subcircuits. | ||||||
10 | The
subcircuits shall be
compact, contiguous, and | ||||||
11 | substantially equal in population. The General
Assembly by law | ||||||
12 | shall
create the subcircuits, using population
data as
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13 | determined by the 2000 federal census, and
shall determine a | ||||||
14 | numerical order for the 6 subcircuits. That
numerical order | ||||||
15 | shall be the basis for the order in which resident judgeships
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16 | are assigned to
the subcircuits. Once a resident judgeship is |
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1 | assigned to a subcircuit, it
shall continue to be assigned to | ||||||
2 | that subcircuit for all purposes.
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3 | (a-5) The first vacancy in the 19th judicial circuit's 6 | ||||||
4 | existing circuit judgeships, but not in the additional | ||||||
5 | judgeship described in subsection (b-5), that exists on or | ||||||
6 | after the effective date of this amendatory Act of the 95th | ||||||
7 | General Assembly shall not be filled, by appointment or | ||||||
8 | election, and that judgeship is eliminated. Of the 19th | ||||||
9 | judicial circuit's 6 existing circuit judgeships, but not the | ||||||
10 | additional judgeship described in subsection (b-5), the second | ||||||
11 | and subsequent to be vacant or become vacant on or after the | ||||||
12 | effective date of this amendatory Act of the 95th General | ||||||
13 | Assembly shall be allotted as 19th circuit resident judgeships | ||||||
14 | under subsection (c). As used in this subsection, a vacancy | ||||||
15 | does not include the expiration of a term of a resident judge | ||||||
16 | who seeks retention in that office at the next term. | ||||||
17 | (b) The 19th circuit shall have a total of 6 resident | ||||||
18 | judgeships , except as provided in subsections (a-5) and (b-5) . | ||||||
19 | The number of resident judgeships allotted to subcircuits of | ||||||
20 | the 19th judicial circuit pursuant to this Section shall | ||||||
21 | constitute all the resident judgeships of the 19th judicial | ||||||
22 | circuit , except as provided in subsections (a-5) and (b-5) .
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23 | (b-5) In addition to the number of circuit judges and | ||||||
24 | resident judges otherwise authorized by law, and | ||||||
25 | notwithstanding any other provision of law, beginning on August | ||||||
26 | 7, 2007 there shall be one additional resident judge who is a |
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1 | resident of and elected from the 4th judicial subcircuit of the | ||||||
2 | 19th judicial circuit. That additional resident judgeship may | ||||||
3 | be filled by appointment by the Illinois Supreme Court until | ||||||
4 | filled by election at the general election in 2010, regardless | ||||||
5 | of whether the judgeships for subcircuits 1, 2, and 3 have been | ||||||
6 | filled. | ||||||
7 | (c) The Supreme Court shall allot , other than the vacant | ||||||
8 | resident judgeship eliminated pursuant to subsection (a-5), | ||||||
9 | (i)
all vacancies in
resident
judgeships of the 19th circuit | ||||||
10 | existing on or occurring on or after the
effective date of this
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11 | amendatory Act
of the 93rd General Assembly and not filled at | ||||||
12 | the 2004 general election
and (ii) the resident judgeships of | ||||||
13 | the 19th
circuit filled at the 2004
general election as those | ||||||
14 | judgeships thereafter become vacant,
for election from the
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15 | various
subcircuits until , with the judge of the 4th subcircuit | ||||||
16 | described in subsection (b-5), there is one resident judge to | ||||||
17 | be elected from each
subcircuit.
No resident judge of the 19th | ||||||
18 | circuit serving on
the effective date of this amendatory Act of | ||||||
19 | the 93rd General Assembly shall be
required to change his or | ||||||
20 | her residency in order to continue serving in office
or
to seek | ||||||
21 | retention in office as resident judgeships are allotted by the
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22 | Supreme Court in accordance with this Section.
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23 | (d) A resident judge elected from a subcircuit shall | ||||||
24 | continue to reside in
that
subcircuit as long as he or she | ||||||
25 | holds that office. A resident judge elected from a subcircuit | ||||||
26 | after January 1, 2008, must retain residency as a registered |
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1 | voter in the subcircuit to run for retention from the circuit | ||||||
2 | at large thereafter.
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3 | (e) Vacancies in resident judgeships of the 19th circuit | ||||||
4 | shall be
filled
in the manner provided in Article VI of the | ||||||
5 | Illinois Constitution.
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6 | (Source: P.A. 94-727, eff. 2-14-06; 95-610, eff. 9-11-07.)
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7 | (705 ILCS 35/2f-5)
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8 | Sec. 2f-5. 22nd circuit; subcircuits; additional resident | ||||||
9 | judgeship.
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10 | (a) The 22nd circuit shall be divided into 4 subcircuits. | ||||||
11 | The
subcircuits shall be
compact, contiguous, and | ||||||
12 | substantially equal in population. The General
Assembly by law | ||||||
13 | shall
create the subcircuits, using population
data as
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14 | determined by the 2000 federal census, and
shall determine a | ||||||
15 | numerical order for the 4 subcircuits. That numerical
order | ||||||
16 | shall
be the basis for the order in which resident judgeships | ||||||
17 | are assigned to the
subcircuits.
Once a resident judgeship is
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18 | assigned to a subcircuit, it shall continue to be
assigned to
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19 | that subcircuit for all purposes.
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20 | (b) Other than the resident judgeship added by this | ||||||
21 | amendatory Act of the 95th General Assembly, the The 22nd | ||||||
22 | circuit shall have one additional resident judgeship, as well | ||||||
23 | as its 3 existing resident judgeships, for a total of 4 | ||||||
24 | resident judgeships to be allotted to the 4 subcircuit resident | ||||||
25 | judgeships. The additional resident judgeship created by this |
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1 | amendatory Act of the 93rd General Assembly shall be filled by | ||||||
2 | election beginning at the general election in 2006 and shall | ||||||
3 | not be filled by appointment before the general election in | ||||||
4 | 2006.
The number of resident judgeships allotted to subcircuits | ||||||
5 | of the 22nd judicial circuit pursuant to this Section , and the | ||||||
6 | resident judgeship added by this amendatory Act of the 95th | ||||||
7 | General Assembly, shall constitute all the resident judgeships | ||||||
8 | of the 22nd judicial circuit.
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9 | (c) The Supreme Court shall allot (i)
all eligible | ||||||
10 | vacancies in
resident
judgeships of the 22nd circuit existing | ||||||
11 | on or occurring on or after August 18, 2003 and not filled at | ||||||
12 | the 2004 general election, (ii) the resident
judgeships of the | ||||||
13 | 22nd circuit filled at the 2004 general election as
those | ||||||
14 | judgeships thereafter become vacant,
and (iii) the additional | ||||||
15 | resident judgeship of the 22nd circuit created by this | ||||||
16 | amendatory Act of the 93rd General Assembly, for election from | ||||||
17 | the
various
subcircuits until there is one resident judge to be | ||||||
18 | elected from each
subcircuit.
No resident judge of the 22nd | ||||||
19 | circuit serving on
August 18, 2003 shall be
required to change | ||||||
20 | his or her residency in order to continue serving in office
or
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21 | to seek retention in office as resident judgeships are allotted | ||||||
22 | by the
Supreme Court in accordance with this Section.
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23 | (d) A resident judge elected from a subcircuit shall | ||||||
24 | continue to reside in
that
subcircuit as long as he or she | ||||||
25 | holds that office. A resident judge elected from a subcircuit | ||||||
26 | after January 1, 2008, must retain residency as a registered |
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1 | voter in the subcircuit to run for retention from the circuit | ||||||
2 | at large thereafter.
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3 | (e) Vacancies in resident judgeships of the 22nd circuit | ||||||
4 | shall be
filled
in the manner provided in Article VI of the | ||||||
5 | Illinois Constitution.
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6 | (Source: P.A. 94-727, eff. 2-14-06; 95-610, eff. 9-11-07.)
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7 | (705 ILCS 35/2f-6) | ||||||
8 | Sec. 2f-6. 17th judicial circuit; subcircuits. | ||||||
9 | (a) The 17th circuit shall be divided into 4 subcircuits. | ||||||
10 | The
subcircuits shall be
compact, contiguous, and | ||||||
11 | substantially equal in population. The General
Assembly by law | ||||||
12 | shall
create the subcircuits, using population
data as
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13 | determined by the 2000 federal census, and
shall determine a | ||||||
14 | numerical order for the 4 subcircuits. That
numerical order | ||||||
15 | shall be the basis for the order in which resident judgeships
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16 | are assigned to
the subcircuits. Once a resident judgeship is | ||||||
17 | assigned to a subcircuit, it
shall continue to be assigned to | ||||||
18 | that subcircuit for all purposes.
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19 | (a-10) Of the 17th circuit's 9 existing circuit judgeships | ||||||
20 | existing on April 7, 2005 (6 at large and
3 resident), but not | ||||||
21 | including the one resident judgeship added by this amendatory | ||||||
22 | Act of the 95th General Assembly, the 3 resident judgeships | ||||||
23 | shall be allotted as 17th circuit resident judgeships under
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24 | subsection (c) as those resident judgeships
are or become | ||||||
25 | vacant on or after the effective date of this amendatory Act of |
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1 | the 93rd General Assembly. Of the 17th circuit's associate | ||||||
2 | judgeships, the first associate judgeship that is or becomes | ||||||
3 | vacant on or after the effective date of this amendatory Act of | ||||||
4 | the 93rd General Assembly shall become a resident judgeship of | ||||||
5 | the 17th circuit to be allotted by the Supreme Court under | ||||||
6 | subsection (c) as a resident subcircuit judgeship. These | ||||||
7 | resident judgeships , and the one resident judgeship added by | ||||||
8 | this amendatory Act of the 95th General Assembly, shall | ||||||
9 | constitute all of the resident judgeships of the 17th circuit. | ||||||
10 | As used in this subsection, a vacancy does not include the
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11 | expiration of a term of a resident judge who seeks
retention in | ||||||
12 | that office at the next term. A vacancy does not exist or occur | ||||||
13 | at the expiration of an associate judge's term if the associate | ||||||
14 | judge is reappointed.
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15 | (b) The 17th circuit shall have a total of 4 judgeships (3 | ||||||
16 | resident judgeships existing on April 7, 2005 and one associate | ||||||
17 | judgeship ) , but not including the one resident judgeship added | ||||||
18 | by this amendatory Act of the 95th General Assembly, available | ||||||
19 | to be allotted to the 4 subcircuit resident judgeships.
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20 | (c) The Supreme Court shall allot (i) the 3 resident
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21 | judgeships of the 17th circuit existing on April 7, 2005 as | ||||||
22 | they are or become vacant as provided in subsection (a-10) and | ||||||
23 | (ii) the one associate judgeship converted into a resident | ||||||
24 | judgeship of the 17th circuit as it is or becomes vacant as | ||||||
25 | provided in subsection (a-10),
for election from the
various
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26 | subcircuits until there is one resident judge to be elected |
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1 | from each
subcircuit.
No resident or associate judge of the | ||||||
2 | 17th circuit serving on
the effective date of this amendatory | ||||||
3 | Act of the 93rd General Assembly shall be
required to change | ||||||
4 | his or her residency in order to continue serving in office
or
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5 | to seek retention or reappointment in office as resident | ||||||
6 | judgeships are allotted by the
Supreme Court in accordance with | ||||||
7 | this Section.
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8 | (d) A resident judge elected from a subcircuit shall | ||||||
9 | continue to reside in
that
subcircuit as long as he or she | ||||||
10 | holds that office.
A resident judge elected from a subcircuit | ||||||
11 | after January 1, 2008, must retain residency as a registered | ||||||
12 | voter in the subcircuit to run for retention from the circuit | ||||||
13 | at large thereafter.
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14 | (e) Vacancies in resident judgeships of the 17th circuit | ||||||
15 | shall be
filled
in the manner provided in Article VI of the | ||||||
16 | Illinois Constitution.
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17 | (Source: P.A. 95-610, eff. 9-11-07.) | ||||||
18 | (705 ILCS 35/2f-9) | ||||||
19 | Sec. 2f-9. 16th judicial circuit; subcircuits. | ||||||
20 | (a) The 16th circuit shall be divided into 5 subcircuits. | ||||||
21 | The
subcircuits shall be
compact, contiguous, and | ||||||
22 | substantially equal in population. The General
Assembly by law | ||||||
23 | shall
create the subcircuits, using population
data as
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24 | determined by the 2000 federal census, and
shall determine a | ||||||
25 | numerical order for the 5 subcircuits. That
numerical order |
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1 | shall be the basis for the order in which resident judgeships
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2 | are assigned to
the subcircuits. Once a resident judgeship is | ||||||
3 | assigned to a subcircuit, it
shall continue to be assigned to | ||||||
4 | that subcircuit for all purposes.
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5 | (b) Of the 16th circuit's 16 existing circuit judgeships | ||||||
6 | existing on April 7, 2005 (7 at large and
9 resident), but not | ||||||
7 | including the 2 resident judgeships added by this amendatory | ||||||
8 | Act of the 95th General Assembly, 5 of the 9 resident | ||||||
9 | judgeships shall be allotted as 16th circuit resident | ||||||
10 | judgeships under
subsection (c) as (i) the first resident | ||||||
11 | judgeship of DeKalb County, (ii) the first resident judgeship | ||||||
12 | of Kendall County, and (iii) the first 2 resident judgeships
of | ||||||
13 | Kane County are or become vacant on or after the effective date | ||||||
14 | of this amendatory Act of the 93rd General Assembly, and (iv) | ||||||
15 | the first resident judgeship of Kane County (in addition to the | ||||||
16 | 2 vacancies under item (iii)) is or becomes vacant after the | ||||||
17 | effective date of this amendatory Act of the 94th General | ||||||
18 | Assembly. These 5 resident subcircuit judgeships and the | ||||||
19 | remaining 6 4 resident judgeships shall constitute all of the | ||||||
20 | resident judgeships of the 16th circuit. As used in this | ||||||
21 | subsection, a vacancy does not include the
expiration of a term | ||||||
22 | of a resident judge who seeks
retention in that office at the | ||||||
23 | next term.
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24 | (c) The Supreme Court shall allot the first eligible DeKalb | ||||||
25 | County vacancy, the first eligible Kendall County vacancy, and | ||||||
26 | the first 3 Kane County vacancies in resident judgeships of the |
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1 | 16th circuit as provided in subsection (b),
for election from | ||||||
2 | the
various
subcircuits. The judgeships shall be assigned to | ||||||
3 | the subcircuits based upon the numerical order of the 5 | ||||||
4 | subcircuits. No resident judge of the 16th circuit serving on
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5 | the effective date of this amendatory Act of the 93rd General | ||||||
6 | Assembly shall be
required to change his or her residency in | ||||||
7 | order to continue serving in office
or
to seek retention in | ||||||
8 | office as judgeships are allotted by the
Supreme Court in | ||||||
9 | accordance with this Section.
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10 | (d) A resident judge elected from a subcircuit shall | ||||||
11 | continue to reside in
that
subcircuit as long as he or she | ||||||
12 | holds that office.
A resident judge elected from a subcircuit | ||||||
13 | after January 1, 2008, must retain residency as a registered | ||||||
14 | voter in the subcircuit to run for retention from the circuit | ||||||
15 | at large thereafter.
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16 | (e) Vacancies in resident judgeships of the 16th circuit | ||||||
17 | shall be
filled
in the manner provided in Article VI of the | ||||||
18 | Illinois Constitution.
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19 | (Source: P.A. 94-3, eff. 5-31-05; 95-610, eff. 9-11-07.) | ||||||
20 | (705 ILCS 35/2k new) | ||||||
21 | Sec. 2k. Additional 17th circuit resident judge. In | ||||||
22 | addition to the number of circuit judges otherwise authorized | ||||||
23 | by this Act, there shall be one additional judge elected in the | ||||||
24 | 17th judicial circuit who shall be a resident of and elected | ||||||
25 | from Boone County. The additional resident circuit judgeship |
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1 | created by this Section may be filled by appointment by the | ||||||
2 | Illinois Supreme Court until the judgeship is filled by | ||||||
3 | election beginning at the 2010 general election. The judgeship | ||||||
4 | provided by this Section shall not be a subcircuit judgeship. | ||||||
5 | (705 ILCS 35/2k-1 new)
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6 | Sec. 2k-1. Additional 16th circuit resident judge; DeKalb | ||||||
7 | County. In addition to the number of circuit judges otherwise | ||||||
8 | authorized by this Act, there shall be one additional judge | ||||||
9 | elected in the 16th judicial circuit who shall be a resident of | ||||||
10 | and elected from DeKalb County. The additional resident circuit | ||||||
11 | judgeship created by this Section may be filled by appointment | ||||||
12 | by the Illinois Supreme Court until the judgeship is filled by | ||||||
13 | election beginning at the 2010 general election. The judgeship | ||||||
14 | provided by this Section shall not be a subcircuit judgeship. | ||||||
15 | (705 ILCS 35/2k-2 new) | ||||||
16 | Sec. 2k-2. Additional 16th circuit resident judge; Kendall | ||||||
17 | County. In addition to the number of circuit judges otherwise | ||||||
18 | authorized by this Act, there shall be one additional judge | ||||||
19 | elected in the 16th judicial circuit who shall be a resident of | ||||||
20 | and elected from Kendall County. The additional resident | ||||||
21 | circuit judgeship created by this Section may be filled by | ||||||
22 | appointment by the Illinois Supreme Court until the judgeship | ||||||
23 | is filled by election beginning at the 2010 general election. | ||||||
24 | The judgeship provided by this Section shall not be a |
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1 | subcircuit judgeship. | ||||||
2 | (705 ILCS 35/2k-3 new)
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3 | Sec. 2k-3. Additional 13th circuit judge. In addition to | ||||||
4 | the number of circuit judges otherwise authorized by this Act, | ||||||
5 | there shall be one additional judge elected in the 13th | ||||||
6 | judicial circuit who shall be a resident of and elected from | ||||||
7 | Grundy County. The additional judgeship created by this Section | ||||||
8 | may be filled by appointment by the Illinois Supreme Court | ||||||
9 | until the judgeship is filled by election beginning at the 2010 | ||||||
10 | general election. | ||||||
11 | (705 ILCS 35/2k-4 new)
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12 | Sec. 2k-4. Additional 22nd circuit resident judge. In | ||||||
13 | addition to the number of circuit judges otherwise authorized | ||||||
14 | by this Act, there shall be one additional judge elected in the | ||||||
15 | 22nd judicial circuit who shall be a resident of and elected | ||||||
16 | from McHenry County. The additional resident circuit judgeship | ||||||
17 | created by this Section may be filled by appointment by the | ||||||
18 | Illinois Supreme Court until the judgeship is filled by | ||||||
19 | election beginning at the 2010 general election. The judgeship | ||||||
20 | provided by this Section shall not be a subcircuit judgeship. | ||||||
21 | Section 10. The Associate Judges Act is amended by adding | ||||||
22 | Section 2.2 as follows: |
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1 | (705 ILCS 45/2.2 new) | ||||||
2 | Sec. 2.2. Additional associate judges; 3rd and 20th | ||||||
3 | circuits. In addition to the number of associate judges | ||||||
4 | authorized under Section 2 of this Act, there shall be one | ||||||
5 | additional associate judge appointed in the 3rd circuit and one | ||||||
6 | additional associate judge appointed in the 20th circuit.
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7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.".
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