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SB0996 Enrolled |
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LRB095 05859 AJO 25950 b |
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| AN ACT concerning courts.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Circuit Courts Act is amended by changing |
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| Sections 2f, 2f-2, 2f-4, 2f-5, 2f-6, and 2f-9 as follows:
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| (705 ILCS 35/2f) (from Ch. 37, par. 72.2f)
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| Sec. 2f. (a) The Circuit of Cook County shall be divided |
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| into 15
units to be known as subcircuits. The subcircuits shall |
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| be compact,
contiguous, and substantially equal in population.
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| The General Assembly
shall create the subcircuits by law on or |
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| before
July 1, 1991, using population data as determined by the |
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| 1990 Federal census.
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| (b) The 165 resident judges to be elected from the Circuit |
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| of Cook
County shall be determined under paragraph (4) of |
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| subsection (a) of Section 2 of the
Judicial Vacancies Act.
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| (c) The Supreme Court shall allot (i) the additional |
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| resident judgeships
provided by paragraph (4) of subsection (a) |
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| of Section 2 of the Judicial Vacancies Act
and (ii) all |
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| vacancies in
resident judgeships existing on or occurring on or |
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| after the effective date
of this amendatory Act of 1990,
with |
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| respect to the other resident judgeships of the Circuit
of Cook |
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| County, for election from the various subcircuits until there |
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| are
11 resident judges to be
elected from each of the 15 |
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LRB095 05859 AJO 25950 b |
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| subcircuits (for a total of 165). A resident
judgeship |
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| authorized before the effective date of this amendatory Act of
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| 1990 that became vacant and was filled by appointment by the |
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| Supreme Court
before that effective date shall be filled by |
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| election at the general
election in November of 1992 from the |
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| unit of the Circuit of Cook County
within Chicago or the unit |
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| of that Circuit outside Chicago, as the case may
be, in which |
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| the vacancy occurred.
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| (d) As soon as practicable after the subcircuits are |
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| created by law, the
Supreme Court shall determine by lot a |
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| numerical order for the 15
subcircuits. That numerical order |
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| shall be the basis for the order in which resident
judgeships |
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| are assigned to the subcircuits. After the first round of
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| assignments, the second and all later rounds shall be based on |
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| the same
numerical order. Once a resident judgeship is assigned |
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| to a subcircuit,
it shall continue to be assigned to that |
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| subcircuit for all purposes.
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| (e) A resident judge elected from a subcircuit shall |
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| continue to reside
in that subcircuit as long as he or she |
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| holds that office. A resident judge elected from a subcircuit |
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| after January 1, 2008, must retain residency as a registered |
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| voter in the subcircuit to run for retention from the circuit |
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| at large thereafter.
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| (Source: P.A. 86-1478.)
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| (705 ILCS 35/2f-2)
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LRB095 05859 AJO 25950 b |
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| Sec. 2f-2. 19th judicial circuit; subcircuits.
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| (a) The 19th circuit shall be divided into 6 subcircuits. |
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| The
subcircuits shall be
compact, contiguous, and |
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| substantially equal in population. The General
Assembly by law |
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| shall
create the subcircuits, using population
data as
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| determined by the 2000 federal census, and
shall determine a |
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| numerical order for the 6 subcircuits. That
numerical order |
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| shall be the basis for the order in which resident judgeships
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| are assigned to
the subcircuits. Once a resident judgeship is |
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| assigned to a subcircuit, it
shall continue to be assigned to |
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| that subcircuit for all purposes.
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| (b) The 19th circuit shall have a total of 6 resident |
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| judgeships. The number of resident judgeships allotted to |
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| subcircuits of the 19th judicial circuit pursuant to this |
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| Section shall constitute all the resident judgeships of the |
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| 19th judicial circuit.
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| (c) The Supreme Court shall allot (i)
all vacancies in
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| resident
judgeships of the 19th circuit existing on or |
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| occurring on or after the
effective date of this
amendatory Act
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| of the 93rd General Assembly and not filled at the 2004 general |
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| election
and (ii) the resident judgeships of the 19th
circuit |
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| filled at the 2004
general election as those judgeships |
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| thereafter become vacant,
for election from the
various
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| subcircuits until there is one resident judge to be elected |
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| from each
subcircuit.
No resident judge of the 19th circuit |
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| serving on
the effective date of this amendatory Act of the |
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LRB095 05859 AJO 25950 b |
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| 93rd General Assembly shall be
required to change his or her |
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| residency in order to continue serving in office
or
to seek |
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| retention in office as resident judgeships are allotted by the
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| Supreme Court in accordance with this Section.
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| (d) A resident judge elected from a subcircuit shall |
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| continue to reside in
that
subcircuit as long as he or she |
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| holds that office. A resident judge elected from a subcircuit |
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| after January 1, 2008, must retain residency as a registered |
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| voter in the subcircuit to run for retention from the circuit |
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| at large thereafter.
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| (e) Vacancies in resident judgeships of the 19th circuit |
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| shall be
filled
in the manner provided in Article VI of the |
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| Illinois Constitution.
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| (Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04; |
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| 93-1102, eff. 4-7-05; 94-727, eff. 2-14-06.)
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| (705 ILCS 35/2f-4)
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| Sec. 2f-4. 12th circuit; subcircuits; additional judges.
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| (a) The 12th circuit shall be divided into 5 subcircuits. |
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| The
subcircuits shall be
compact, contiguous, and |
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| substantially equal in population. The General
Assembly by law |
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| shall
create the subcircuits, using population
data as
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| determined by the 2000 federal census, and
shall determine a |
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| numerical order for the 5 subcircuits. That numerical
order |
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| shall
be the basis for the order in which resident judgeships |
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| are assigned to the
subcircuits.
Once a resident judgeship is
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SB0996 Enrolled |
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LRB095 05859 AJO 25950 b |
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| assigned to a subcircuit, it shall continue to be
assigned to
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| that subcircuit for all purposes.
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| (a-10) The first vacancy in the 12th judicial circuit's 10 |
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| existing circuit judgeships (8 at large and 2 resident), but |
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| not in the additional judgeships described in subsections (b) |
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| and (b-5), that exists on or after the effective date of this |
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| amendatory Act of the 94th General Assembly shall not be |
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| filled, by appointment or election, and that judgeship is |
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| eliminated. Of the 12th judicial circuit's 10 existing circuit |
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| judgeships (8 at large and 2 resident), but not the additional |
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| judgeships described in subsections (b) and (b-5), the second |
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| to be vacant or become vacant on or after the effective date of |
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| this amendatory Act of the 94th General Assembly shall be |
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| allotted as a 12th circuit resident judgeship under subsection |
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| (c). As used in this subsection, a vacancy does not include the
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| expiration of a term of an at large or resident judge who seeks
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| retention in that office at the next term.
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| (b) The 12th circuit shall have 3 additional resident |
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| judgeships, as well
as
its existing resident judgeship or
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| judgeships, and existing at large judgeships, for a
total of 12 |
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| judgeships available to be allotted under subsection (c)
to the |
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| 5 subcircuit resident
judgeships. The
additional resident
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| judgeship created
by Public Act 93-541 shall be filled by |
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| election beginning at the
general
election in
2006. The 2 |
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| additional resident judgeships created by this amendatory Act |
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| of 2004 shall be filled by election beginning at the general |
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SB0996 Enrolled |
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LRB095 05859 AJO 25950 b |
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| election in 2008. After the subcircuits are created by
law, the |
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| Supreme Court may fill by appointment the additional resident |
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| judgeships created by Public Act 93-541 and
this
amendatory Act |
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| of 2004 until the 2006 or 2008
general
election, as the case |
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| may be.
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| (b-5) In addition to the number of circuit judges and |
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| resident judges otherwise authorized by law, and |
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| notwithstanding any other provision of law, beginning on April |
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| 1, 2006 there shall be one additional resident judge who is a |
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| resident of and elected from the fourth judicial subcircuit of |
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| the 12th judicial circuit. That additional resident judgeship |
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| may be filled by appointment by the Supreme Court until filled |
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| by election at the general election in 2008, regardless of |
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| whether the judgeships for subcircuits 1, 2, and 3 have been |
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| filled. |
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| (c) The Supreme Court shall allot (i) the additional |
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| resident judgeships
of the 12th circuit created by Public Act |
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| 93-541 and this amendatory Act of 2004, and (ii)
the second |
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| vacancy in the at large and resident judgeships of the 12th
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| circuit as provided in subsection (a-10),
for election from the
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| various
subcircuits until, with the additional judge of the |
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| fourth subcircuit described in subsection (b-5), there is one |
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| resident judge to be elected from each
subcircuit. No at large |
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| or resident judge of the 12th circuit serving on
August 18, |
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| 2003 shall be
required to change his or her residency in order |
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| to continue serving in office
or
to seek retention in office as |
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LRB095 05859 AJO 25950 b |
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| at large or resident judgeships are allotted by
the
Supreme |
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| Court in accordance with this Section.
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| (d) A resident judge elected from a subcircuit shall |
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| continue to reside in
that
subcircuit as long as he or she |
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| holds that office. A resident judge elected from a subcircuit |
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| after January 1, 2008, must retain residency as a registered |
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| voter in the subcircuit to run for retention from the circuit |
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| at large thereafter.
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| (e) Vacancies in resident judgeships of the 12th circuit |
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| shall be filled
in the manner provided in Article VI of the |
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| Illinois Constitution.
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| (Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04; |
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| 93-1102, eff. 4-7-05; 94-727, eff. 2-14-06.)
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| (705 ILCS 35/2f-5)
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| Sec. 2f-5. 22nd circuit; subcircuits; additional resident |
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| judgeship.
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| (a) The 22nd circuit shall be divided into 4 subcircuits. |
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| The
subcircuits shall be
compact, contiguous, and |
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| substantially equal in population. The General
Assembly by law |
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| shall
create the subcircuits, using population
data as
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| determined by the 2000 federal census, and
shall determine a |
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| numerical order for the 4 subcircuits. That numerical
order |
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| shall
be the basis for the order in which resident judgeships |
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| are assigned to the
subcircuits.
Once a resident judgeship is
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| assigned to a subcircuit, it shall continue to be
assigned to
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LRB095 05859 AJO 25950 b |
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| that subcircuit for all purposes.
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| (b) The 22nd circuit shall have one additional resident |
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| judgeship, as well as its 3 existing resident judgeships, for a |
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| total of 4 resident judgeships to be allotted to the 4 |
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| subcircuit resident judgeships. The additional resident |
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| judgeship created by this amendatory Act of the 93rd General |
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| Assembly shall be filled by election beginning at the general |
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| election in 2006 and shall not be filled by appointment before |
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| the general election in 2006.
The number of resident judgeships |
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| allotted to subcircuits of the 22nd judicial circuit pursuant |
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| to this Section shall constitute all the resident judgeships of |
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| the 22nd judicial circuit.
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| (c) The Supreme Court shall allot (i)
all vacancies in
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| resident
judgeships of the 22nd circuit existing on or |
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| occurring on or after August 18, 2003 and not filled at the |
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| 2004 general election, (ii) the resident
judgeships of the 22nd |
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| circuit filled at the 2004 general election as
those judgeships |
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| thereafter become vacant,
and (iii) the additional resident |
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| judgeship of the 22nd circuit created by this amendatory Act of |
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| the 93rd General Assembly, for election from the
various
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| subcircuits until there is one resident judge to be elected |
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| from each
subcircuit.
No resident judge of the 22nd circuit |
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| serving on
August 18, 2003 shall be
required to change his or |
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| her residency in order to continue serving in office
or
to seek |
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| retention in office as resident judgeships are allotted by the
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| Supreme Court in accordance with this Section.
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SB0996 Enrolled |
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LRB095 05859 AJO 25950 b |
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| (d) A resident judge elected from a subcircuit shall |
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| continue to reside in
that
subcircuit as long as he or she |
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| holds that office. A resident judge elected from a subcircuit |
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| after January 1, 2008, must retain residency as a registered |
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| voter in the subcircuit to run for retention from the circuit |
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| at large thereafter.
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| (e) Vacancies in resident judgeships of the 22nd circuit |
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| shall be
filled
in the manner provided in Article VI of the |
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| Illinois Constitution.
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| (Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04; |
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| 93-1102, eff. 4-7-05; 94-727, eff. 2-14-06.)
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| (705 ILCS 35/2f-6) |
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| Sec. 2f-6. 17th judicial circuit; subcircuits. |
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| (a) The 17th circuit shall be divided into 4 subcircuits. |
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| The
subcircuits shall be
compact, contiguous, and |
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| substantially equal in population. The General
Assembly by law |
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| shall
create the subcircuits, using population
data as
|
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| determined by the 2000 federal census, and
shall determine a |
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| numerical order for the 4 subcircuits. That
numerical order |
20 |
| shall be the basis for the order in which resident judgeships
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| are assigned to
the subcircuits. Once a resident judgeship is |
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| assigned to a subcircuit, it
shall continue to be assigned to |
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| that subcircuit for all purposes.
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| (a-10) Of the 17th circuit's 9 existing circuit judgeships |
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| (6 at large and
3 resident), the 3 resident judgeships shall be |
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LRB095 05859 AJO 25950 b |
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| allotted as 17th circuit resident judgeships under
subsection |
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| (c) as those resident judgeships
are or become vacant on or |
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| after the effective date of this amendatory Act of the 93rd |
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| General Assembly. Of the 17th circuit's associate judgeships, |
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| the first associate judgeship that is or becomes vacant on or |
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| after the effective date of this amendatory Act of the 93rd |
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| General Assembly shall become a resident judgeship of the 17th |
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| circuit to be allotted by the Supreme Court under subsection |
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| (c) as a resident subcircuit judgeship. These resident |
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| judgeships shall constitute all of the resident judgeships of |
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| the 17th circuit. As used in this subsection, a vacancy does |
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| not include the
expiration of a term of a resident judge who |
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| seeks
retention in that office at the next term. A vacancy does |
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| not exist or occur at the expiration of an associate judge's |
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| term if the associate judge is reappointed.
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| (b) The 17th circuit shall have a total of 4 judgeships (3 |
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| resident and one associate) available to be allotted to the 4 |
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| subcircuit resident judgeships.
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| (c) The Supreme Court shall allot (i) the 3 resident
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| judgeships of the 17th circuit as they are or become vacant as |
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| provided in subsection (a-10) and (ii) the one associate |
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| judgeship converted into a resident judgeship of the 17th |
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| circuit as it is or becomes vacant as provided in subsection |
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| (a-10),
for election from the
various
subcircuits until there |
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| is one resident judge to be elected from each
subcircuit.
No |
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| resident or associate judge of the 17th circuit serving on
the |
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SB0996 Enrolled |
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LRB095 05859 AJO 25950 b |
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| effective date of this amendatory Act of the 93rd General |
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| Assembly shall be
required to change his or her residency in |
3 |
| order to continue serving in office
or
to seek retention or |
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| reappointment in office as resident judgeships are allotted by |
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| the
Supreme Court in accordance with this Section.
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| (d) A resident judge elected from a subcircuit shall |
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| continue to reside in
that
subcircuit as long as he or she |
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| holds that office.
A resident judge elected from a subcircuit |
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| after January 1, 2008, must retain residency as a registered |
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| voter in the subcircuit to run for retention from the circuit |
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| at large thereafter.
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| (e) Vacancies in resident judgeships of the 17th circuit |
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| shall be
filled
in the manner provided in Article VI of the |
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| Illinois Constitution.
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| (Source: P.A. 93-1102, eff. 4-7-05.) |
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| (705 ILCS 35/2f-9) |
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| Sec. 2f-9. 16th judicial circuit; subcircuits. |
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| (a) The 16th circuit shall be divided into 5 subcircuits. |
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| The
subcircuits shall be
compact, contiguous, and |
20 |
| substantially equal in population. The General
Assembly by law |
21 |
| shall
create the subcircuits, using population
data as
|
22 |
| determined by the 2000 federal census, and
shall determine a |
23 |
| numerical order for the 5 subcircuits. That
numerical order |
24 |
| shall be the basis for the order in which resident judgeships
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25 |
| are assigned to
the subcircuits. Once a resident judgeship is |
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SB0996 Enrolled |
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LRB095 05859 AJO 25950 b |
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| assigned to a subcircuit, it
shall continue to be assigned to |
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| that subcircuit for all purposes.
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| (b) Of the 16th circuit's 16 existing circuit judgeships (7 |
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| at large and
9 resident), 5 of the 9 resident judgeships shall |
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| be allotted as 16th circuit resident judgeships under
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| subsection (c) as (i) the first resident judgeship of DeKalb |
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| County, (ii) the first resident judgeship of Kendall County, |
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| and (iii) the first 2 resident judgeships
of Kane County are or |
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| become vacant on or after the effective date of this amendatory |
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| Act of the 93rd General Assembly, and (iv) the first resident |
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| judgeship of Kane County (in addition to the 2 vacancies under |
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| item (iii)) is or becomes vacant after the effective date of |
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| this amendatory Act of the 94th General Assembly. These 5 |
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| resident subcircuit judgeships and the remaining 4 resident |
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| judgeships shall constitute all of the resident judgeships of |
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| the 16th circuit. As used in this subsection, a vacancy does |
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| not include the
expiration of a term of a resident judge who |
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| seeks
retention in that office at the next term.
|
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| (c) The Supreme Court shall allot the first DeKalb County |
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| vacancy, the first Kendall County vacancy, and the first 3 Kane |
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| County vacancies in resident judgeships of the 16th circuit as |
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| provided in subsection (b),
for election from the
various
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| subcircuits. The judgeships shall be assigned to the |
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| subcircuits based upon the numerical order of the 5 |
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| subcircuits. No resident judge of the 16th circuit serving on
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| the effective date of this amendatory Act of the 93rd General |
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SB0996 Enrolled |
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LRB095 05859 AJO 25950 b |
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| Assembly shall be
required to change his or her residency in |
2 |
| order to continue serving in office
or
to seek retention in |
3 |
| office as judgeships are allotted by the
Supreme Court in |
4 |
| accordance with this Section.
|
5 |
| (d) A resident judge elected from a subcircuit shall |
6 |
| continue to reside in
that
subcircuit as long as he or she |
7 |
| holds that office.
A resident judge elected from a subcircuit |
8 |
| after January 1, 2008, must retain residency as a registered |
9 |
| voter in the subcircuit to run for retention from the circuit |
10 |
| at large thereafter.
|
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| (e) Vacancies in resident judgeships of the 16th circuit |
12 |
| shall be
filled
in the manner provided in Article VI of the |
13 |
| Illinois Constitution.
|
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| (Source: P.A. 93-1102, eff. 4-7-05; 94-3, eff. 5-31-05.)
|
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
|