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Rep. Frank J. Mautino
Filed: 5/26/2009
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| AMENDMENT TO SENATE BILL 1938
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| AMENDMENT NO. ______. Amend Senate Bill 1938, AS AMENDED, |
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| by replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Circuit Courts Act is amended by changing |
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| Sections 2, 2f-1, 2f-2, 2f-4, 2f-5, 2f-6, and 2f-9 and by |
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| adding Sections 2k, 2m, 2n, 2p, 2q, and 2r as follows:
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| (705 ILCS 35/2) (from Ch. 37, par. 72.2)
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| Sec. 2. Circuit judges shall be elected at the general |
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| elections and
for terms as provided in Article VI of the |
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| Illinois Constitution.
Ninety-four circuit judges shall be |
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| elected in the Circuit of Cook
County and 3 circuit
judges |
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| shall be elected in each of the other
circuits, but in circuits |
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| other than Cook County containing a population
of 230,000 or |
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| more inhabitants and in which there is included a county
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| containing a population of 200,000 or more inhabitants, or in |
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| circuits
other than Cook County containing a population of |
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| 270,000 or more
inhabitants, according to the last preceding |
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| federal census and in the
circuit where the seat of State |
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| government is situated at the time fixed
by law for the |
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| nomination of judges of the Circuit Court in such circuit
and |
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| in any circuit which meets the requirements set out in Section |
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| 2a of
this Act, 4 circuit judges shall be elected in the manner |
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| provided by
law. In circuits other than Cook County in which |
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| each county in the
circuit has a population of 475,000 or more, |
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| 4 circuit judges shall be
elected in addition to the 4 circuit |
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| judges provided for in this
Section. In any circuit composed of |
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| 2 counties having a total
population of 350,000 or more, one |
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| circuit judge shall be elected in
addition to the 4 circuit |
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| judges provided for in this Section.
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| Any additional circuit judgeships in the 19th and 22nd |
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| judicial circuits resulting by operation of this Section shall |
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| be filled, if at all, at the general election in 2006 only as |
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| provided in Section 2f-1. Thereafter, however, this Section |
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| shall not apply to the determination of the number of circuit |
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| judgeships in the 19th and 22nd judicial circuits. The number |
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| of circuit judgeships in the 19th judicial circuit shall be |
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| determined thereafter in accordance with Section 2f-1 and |
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| Section 2f-2 and shall be reduced in accordance with those |
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| Sections. The number of circuit judgeships in the 22nd judicial |
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| circuit shall be determined thereafter in accordance with |
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| Section 2f-1 and Section 2f-5 and shall be reduced in |
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| accordance with those Sections.
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| Notwithstanding the provisions of this Section or any other |
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| law, the number
of at large judgeships of the 12th judicial |
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| circuit may be reduced by one or 2
judgeships as provided in |
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| subsections subsection (a-10) and (a-15) of Section 2f-4.
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| The
several judges of the circuit courts of this State, |
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| before entering upon
the duties of their office, shall take and |
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| subscribe the following oath
or affirmation, which shall be |
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| filed in the office of the Secretary of
State:
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| "I do solemnly swear (or affirm, as the case may be) that I |
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| will
support the constitution of the United States, and the |
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| constitution of
the State of Illinois, and that I will |
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| faithfully discharge the duties
of judge of.... court, |
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| according to the best of my ability."
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| One of the 3 additional circuit judgeships authorized by
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| this amendatory Act in circuits other than Cook County in which |
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| each
county in the circuit has a population of 475,000 or more |
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| may be filled
when this Act becomes law. The 2 remaining |
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| circuit
judgeships in such circuits shall not be filled until |
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| on or after July
1, 1977.
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| (Source: P.A. 93-541, eff. 8-18-03; 94-727, eff. 2-14-06.)
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| (705 ILCS 35/2f-1)
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| Sec. 2f-1. 19th and 22nd judicial circuits.
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| (a) On December 4, 2006, the 19th judicial circuit is |
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| divided into the 19th
and
22nd judicial circuits as provided in |
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| Section 1 of the Circuit Courts Act. This
division
does not |
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| invalidate any action taken by the 19th judicial circuit or any |
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| of its
judges,
officers, employees, or agents before December |
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| 4, 2006. This division does not
affect
any person's rights, |
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| obligations, or duties, including applicable civil and
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| criminal
penalties, arising out of any action taken by the 19th |
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| judicial circuit or any
of its judges,
officers, employees, or |
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| agents before December 4, 2006.
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| (b) Of the 7 circuit judgeships elected at large in the |
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| 19th circuit before
the
general election in 2006, the Supreme |
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| Court shall assign 5 to the 19th circuit
and 2 to the
22nd |
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| circuit, based on residency of the circuit judges then holding |
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| those
judgeships. The
5 assigned to the 19th circuit shall |
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| continue to be elected at large , except those at large |
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| judgeships that become resident judgeships as provided in |
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| subsection (a-5) of Section 2f-2 .
The 2 assigned to the 22nd |
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| circuit shall continue to be elected at large. |
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| (b-5) Except as provided in subsection (b-10), the number |
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| of at large judgeships of the 19th judicial circuit shall be |
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| the number of at large judgeships specified for assigned to the |
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| 19th judicial circuit pursuant to subsection (b) plus only the |
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| judgeship designated as vacancy A by the State Board of |
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| Elections filled at the 2006 general election. If, before, on, |
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| or after the effective date of this amendatory Act of the 94th |
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| General Assembly, the State Board of Elections has certified or |
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| certifies one or more candidates for a judgeship of the 19th |
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| judicial circuit designated as vacancy B or C by the State |
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| Board of Elections, then all such certifications are revoked |
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| and are null and void by operation of law and the names of any |
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| such candidates shall not appear upon the 2006 general primary |
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| ballot or the 2006 general election ballot for any of those |
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| judgeships.
Except as provided in subsection (b-10), the number |
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| of at large judgeships of the 22nd judicial circuit shall be |
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| the number of at large judgeships assigned to the 22nd judicial |
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| circuit pursuant to subsection (b) plus only the judgeship |
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| designated as vacancy A by the State Board of Elections filled |
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| at the 2006 general election. If, before, on, or after the |
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| effective date of this amendatory Act of the 94th General |
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| Assembly, the State Board of Elections has certified or |
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| certifies one or more candidates for the judgeship of the 22nd |
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| judicial circuit designated as vacancy B by the State Board of |
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| Elections, then any such certifications are revoked and are |
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| null and void by operation of law and the names of any such |
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| candidates shall not appear upon the 2006 general primary |
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| ballot or the 2006 general election ballot for that judgeship. |
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| (b-10) If this amendatory Act of the 94th General Assembly |
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| is held unconstitutional and as a result the judgeships |
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| designated by the State Board of Elections as vacancies A, B, |
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| and C of the 19th judicial circuit are filled at the 2006 |
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| general election, then the number of at large judgeships of the |
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| 19th judicial circuit shall be only the number of at large |
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| judgeships specified for assigned to the 19th judicial circuit |
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| pursuant to subsection (b). If this amendatory Act of the 94th |
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| General Assembly is held unconstitutional and as a result the |
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| judgeships designated by the State Board of Elections as |
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| vacancies A and B of the 22nd judicial circuit are filled at |
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| the 2006 general election, then the number of at large |
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| judgeships of the 22nd judicial circuit shall be only the |
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| number of at large judgeships assigned to the 22nd judicial |
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| circuit pursuant to subsection (b). |
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| (b-15) If subsection (b-10) applies, then each vacancy |
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| occurring in an at large judgeship of the 19th judicial circuit |
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| on or after the holding of unconstitutionality shall not be |
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| filled by any means and each of those vacant judgeships is |
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| abolished, until the number of at large judgeships of the 19th |
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| judicial circuit returns to the number of at large judgeships |
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| specified for the 19th judicial circuit by subsection (b-10). |
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| If subsection (b-10) applies, then each vacancy occurring in an |
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| at large judgeship of the 22nd judicial circuit on or after the |
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| holding of unconstitutionality shall not be filled by any means |
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| and each of those vacant judgeships is abolished, until the |
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| number of at large judgeships of the 22nd judicial circuit |
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| returns to the number of at large judgeships specified for the |
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| 22nd judicial circuit by subsection (b-10).
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| (c) The 6 resident judgeships elected from Lake County |
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| before the general
election in 2006 shall become resident |
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| judgeships in the 19th circuit on
December 4,
2006, and the 3 |
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| resident judgeships elected from McHenry County before the
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| general
election in 2006 shall become resident judgeships in |
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| the 22nd circuit on
December 4,
2006.
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| (d) On December 4, 2006, the Supreme Court shall allocate |
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| the associate
judgeships of the 19th circuit before that date |
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| between the 19th and 22nd
circuits based
on the residency of |
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| the associate judges; however, the number of associate judges |
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| allocated to the 19th circuit shall be no less than the number |
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| of associate judges residing in Lake County on March 22, 2004.
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| (e) On December 4, 2006, the Supreme Court shall allocate |
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| personnel, books,
records, documents, property (real and |
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| personal), funds, assets, liabilities,
and pending
matters |
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| concerning the 19th circuit before that date between the 19th |
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| and 22nd
circuits
based on the population and staffing needs of |
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| those circuits and the efficient
and proper
administration of |
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| the judicial system. The rights of employees under applicable
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| collective bargaining agreements are not affected by this |
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| amendatory Act of the
93rd
General Assembly.
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| (f) The judgeships set forth in this Section include the |
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| judgeships
authorized
under Sections 2g, 2h, and 2j. The |
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| judgeships authorized in those Sections are
not in
addition to |
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| those set forth in this Section.
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| (Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04; |
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| 94-727, eff. 2-14-06.)
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| (705 ILCS 35/2f-2)
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| Sec. 2f-2. 19th judicial circuit; subcircuits ; additional |
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| judges .
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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. The 6 resident judgeships to |
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| be assigned that are not added by or converted from at large |
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| judgeships as provided in this amendatory Act of the 96th |
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| General Assembly shall be assigned to the 1st, 2nd, 3rd, 4th, |
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| 5th, and 6th subcircuits, in that order. The 6 resident |
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| judgeships to be assigned that are added by or converted from |
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| at large judgeships as provided in this amendatory Act of the |
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| 96th General Assembly shall be assigned to the 6th, 5th, 4th, |
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| 3rd, 2nd, and 1st subcircuits, in that order. Once a resident |
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| judgeship is assigned to a subcircuit, it
shall continue to be |
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| assigned to that subcircuit for all purposes.
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| (a-5) Of the at large judgeships of the 19th judicial |
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| circuit, the first 3 that are or become vacant on or after the |
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| effective date of this amendatory Act of the 96th General |
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| Assembly shall become resident judgeships of the 19th judicial |
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| circuit to be allotted by the Supreme Court under subsection |
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| (c) and filled by election, except that the Supreme Court may |
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| fill those judgeships by appointment for any remainder of a |
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| vacated term until the resident judgeships are filled initially |
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| by election. As used in this subsection, a vacancy does not |
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| include the expiration of a term of an at large judge who seeks |
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| retention in that office at the next term. |
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| (a-10) The 19th judicial circuit shall have 3 additional |
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| resident judgeships to be allotted by the Supreme Court under |
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| subsection (c). One of the additional resident judgeships shall |
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| be filled by election beginning at the 2010 general election. |
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| Two of the additional resident judgeships shall be filled by |
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| election beginning at the 2012 general election. |
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| (b) The 19th circuit shall have a total of 12 6 resident |
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| judgeships (6 resident judgeships existing on the effective |
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| date of this amendatory Act of the 96th General Assembly, 3 |
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| formerly at large judgeships as provided in subsection (a-5), |
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| and 3 resident judgeships added by subsection (a-10)) . The |
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| number of resident judgeships allotted to subcircuits of the |
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| 19th judicial circuit pursuant to this Section shall constitute |
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| all the resident judgeships of the 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,
(iii) the 3 formerly at large |
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| judgeships described in subsection (a-5) as they become |
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| available, and (iv) the 3 resident judgeships added by |
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| subsection (a-10), for election from the
various
subcircuits |
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| until there are 2 resident judges is one resident judge to be |
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| elected from each
subcircuit.
No resident judge of the 19th |
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| circuit serving on
the effective date of this amendatory Act of |
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| the 93rd General Assembly 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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| (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. 94-727, eff. 2-14-06; 95-610, eff. 9-11-07.)
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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.
The 5 resident judgeships to |
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| be assigned after the effective date of this amendatory Act of |
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| the 96th General Assembly shall be assigned to the 3rd, 4th, |
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| 5th, 1st, and 2nd subcircuits, in that order. Once a resident |
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| judgeship is
assigned to a subcircuit, it shall continue to be
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| assigned to
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). |
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| (a-15) Of the at large judgeships of the 12th judicial |
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| circuit not affected by subsection (a-10), the first 2 that are |
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| or become vacant on or after the effective date of this |
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| amendatory Act of the 96th General Assembly shall become |
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| resident judgeships of the 12th judicial circuit to be allotted |
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| by the Supreme Court under subsection (c) and filled by |
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| election, except that the Supreme Court may fill those |
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| judgeships by appointment for any remainder of a vacated term |
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| until the resident judgeships are filled initially by election. |
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| (a-20) As used in subsections (a-10) and (a-15) this |
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| subsection , a vacancy does not include the
expiration of a term |
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| of an at large or resident judge who seeks
retention in that |
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| office at the next term.
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| (b) The 12th circuit shall have 6 3 additional resident |
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| judgeships, as well
as
its existing resident judgeship as |
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| established in subsection (a-10) or
judgeships , and existing at |
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| large judgeships, for a
total of 15 12 judgeships available to |
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| be allotted under subsection (c)
to the 10 5 subcircuit |
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| resident
judgeships. The
additional resident
judgeship created
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| by Public Act 93-541 shall be filled by election beginning at |
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| the
general
election in
2006. The 2 additional resident |
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| judgeships created by this amendatory Act of 2004 shall be |
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| filled by election beginning at the general election in 2008. |
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| The additional resident judgeships created by this amendatory |
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| Act of the 96th General Assembly shall be filled by election |
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| beginning at the general election in 2010. After the |
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| subcircuits are created by
law, the Supreme Court may fill by |
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| appointment the additional resident judgeships created by |
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| Public Act 93-541 , and
this
amendatory Act of 2004 , and this |
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| amendatory Act of the 96th General Assembly until the 2006 , or |
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| 2008 , or 2010
general
election, as the case 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 this amendatory |
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| Act of the 96th General Assembly, and (ii)
the second vacancy |
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| in the at large and resident judgeships of the 12th
circuit as |
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| provided in subsection (a-10),
and (iii) the 2 formerly at |
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| large judgeships described in subsection (a-15) as they become |
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| available, for election from the
various
subcircuits until, |
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| with the additional judge of the fourth subcircuit described in |
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| subsection (b-5), there are 2 is one resident judges judge to |
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| be elected from each
subcircuit. No at large or resident judge |
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| of the 12th circuit serving on
August 18, 2003 shall be
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| required to change his or her residency in order to continue |
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| serving in office
or
to seek retention in office as at large or |
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| resident judgeships are allotted by
the
Supreme Court in |
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| 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 , except as otherwise provided in this |
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| Section .
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| (Source: P.A. 94-727, eff. 2-14-06; 95-610, eff. 9-11-07.)
|
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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
|
24 |
| assigned to a subcircuit, it shall continue to be
assigned to
|
25 |
| that subcircuit for all purposes.
|
|
|
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| (b) Other than the resident judgeship added by this |
2 |
| amendatory Act of the 96th General Assembly, the The 22nd |
3 |
| circuit shall have one additional resident judgeship, as well |
4 |
| as its 3 existing resident judgeships, for a total of 4 |
5 |
| resident judgeships to be allotted to the 4 subcircuit resident |
6 |
| judgeships. The additional resident judgeship created by this |
7 |
| amendatory Act of the 93rd General Assembly shall be filled by |
8 |
| election beginning at the general election in 2006 and shall |
9 |
| not be filled by appointment before the general election in |
10 |
| 2006.
The number of resident judgeships allotted to subcircuits |
11 |
| of the 22nd judicial circuit pursuant to this Section , and the |
12 |
| resident judgeship added by this amendatory Act of the 96th |
13 |
| General Assembly, shall constitute all the resident judgeships |
14 |
| of the 22nd judicial circuit.
|
15 |
| (c) The Supreme Court shall allot (i)
all eligible |
16 |
| vacancies in
resident
judgeships of the 22nd circuit existing |
17 |
| on or occurring on or after August 18, 2003 and not filled at |
18 |
| the 2004 general election, (ii) the resident
judgeships of the |
19 |
| 22nd circuit filled at the 2004 general election as
those |
20 |
| judgeships thereafter become vacant,
and (iii) the additional |
21 |
| resident judgeship of the 22nd circuit created by this |
22 |
| amendatory Act of the 93rd General Assembly, for election from |
23 |
| the
various
subcircuits until there is one resident judge to be |
24 |
| elected from each
subcircuit.
No resident judge of the 22nd |
25 |
| circuit serving on
August 18, 2003 shall be
required to change |
26 |
| his or her residency in order to continue serving in office
or
|
|
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| to seek retention in office as resident judgeships are allotted |
2 |
| by the
Supreme Court in accordance with this Section.
|
3 |
| (d) A resident judge elected from a subcircuit shall |
4 |
| continue to reside in
that
subcircuit as long as he or she |
5 |
| holds that office. A resident judge elected from a subcircuit |
6 |
| after January 1, 2008, must retain residency as a registered |
7 |
| voter in the subcircuit to run for retention from the circuit |
8 |
| at large thereafter.
|
9 |
| (e) Vacancies in resident judgeships of the 22nd circuit |
10 |
| shall be
filled
in the manner provided in Article VI of the |
11 |
| Illinois Constitution.
|
12 |
| (Source: P.A. 94-727, eff. 2-14-06; 95-610, eff. 9-11-07.)
|
13 |
| (705 ILCS 35/2f-6) |
14 |
| Sec. 2f-6. 17th judicial circuit; subcircuits. |
15 |
| (a) The 17th circuit shall be divided into 4 subcircuits. |
16 |
| The
subcircuits shall be
compact, contiguous, and |
17 |
| substantially equal in population. The General
Assembly by law |
18 |
| shall
create the subcircuits, using population
data as
|
19 |
| determined by the 2000 federal census, and
shall determine a |
20 |
| numerical order for the 4 subcircuits. That
numerical order |
21 |
| shall be the basis for the order in which resident judgeships
|
22 |
| are assigned to
the subcircuits. Once a resident judgeship is |
23 |
| assigned to a subcircuit, it
shall continue to be assigned to |
24 |
| that subcircuit for all purposes.
|
25 |
| (a-10) Of the 17th circuit's 9 existing circuit judgeships |
|
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| existing on April 7, 2005 (6 at large and
3 resident), but not |
2 |
| including the one resident judgeship added by this amendatory |
3 |
| Act of the 96th General Assembly, the 3 resident judgeships |
4 |
| shall be allotted as 17th circuit resident judgeships under
|
5 |
| subsection (c) as those resident judgeships
are or become |
6 |
| vacant on or after the effective date of this amendatory Act of |
7 |
| the 93rd General Assembly. Of the 17th circuit's associate |
8 |
| judgeships, the first associate judgeship that is or becomes |
9 |
| vacant on or after the effective date of this amendatory Act of |
10 |
| the 93rd General Assembly shall become a resident judgeship of |
11 |
| the 17th circuit to be allotted by the Supreme Court under |
12 |
| subsection (c) as a resident subcircuit judgeship. These |
13 |
| resident judgeships , and the one resident judgeship added by |
14 |
| this amendatory Act of the 96th General Assembly, shall |
15 |
| constitute all of the resident judgeships of the 17th circuit. |
16 |
| As used in this subsection, a vacancy does not include the
|
17 |
| expiration of a term of a resident judge who seeks
retention in |
18 |
| that office at the next term. A vacancy does not exist or occur |
19 |
| at the expiration of an associate judge's term if the associate |
20 |
| judge is reappointed.
|
21 |
| (b) The 17th circuit shall have a total of 4 judgeships (3 |
22 |
| resident judgeships existing on April 7, 2005 and one associate |
23 |
| judgeship ) , but not including the one resident judgeship added |
24 |
| by this amendatory Act of the 96th General Assembly, available |
25 |
| to be allotted to the 4 subcircuit resident judgeships.
|
26 |
| (c) The Supreme Court shall allot (i) the 3 resident
|
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| judgeships of the 17th circuit existing on April 7, 2005 as |
2 |
| they are or become vacant as provided in subsection (a-10) and |
3 |
| (ii) the one associate judgeship converted into a resident |
4 |
| judgeship of the 17th circuit as it is or becomes vacant as |
5 |
| provided in subsection (a-10),
for election from the
various
|
6 |
| subcircuits until there is one resident judge to be elected |
7 |
| from each
subcircuit.
No resident or associate judge of the |
8 |
| 17th circuit serving on
the effective date of this amendatory |
9 |
| Act of the 93rd General Assembly shall be
required to change |
10 |
| his or her residency in order to continue serving in office
or
|
11 |
| to seek retention or reappointment in office as resident |
12 |
| judgeships are allotted by the
Supreme Court in accordance with |
13 |
| this Section.
|
14 |
| (d) A resident judge elected from a subcircuit shall |
15 |
| continue to reside in
that
subcircuit as long as he or she |
16 |
| holds that office.
A resident judge elected from a subcircuit |
17 |
| after January 1, 2008, must retain residency as a registered |
18 |
| voter in the subcircuit to run for retention from the circuit |
19 |
| at large thereafter.
|
20 |
| (e) Vacancies in resident judgeships of the 17th circuit |
21 |
| shall be
filled
in the manner provided in Article VI of the |
22 |
| Illinois Constitution.
|
23 |
| (Source: P.A. 95-610, eff. 9-11-07.) |
24 |
| (705 ILCS 35/2f-9) |
25 |
| Sec. 2f-9. 16th judicial circuit; subcircuits. |
|
|
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| (a) The 16th circuit shall be divided into 5 subcircuits. |
2 |
| The
subcircuits shall be
compact, contiguous, and |
3 |
| substantially equal in population. The General
Assembly by law |
4 |
| shall
create the subcircuits, using population
data as
|
5 |
| determined by the 2000 federal census, and
shall determine a |
6 |
| numerical order for the 5 subcircuits. That
numerical order |
7 |
| shall be the basis for the order in which resident judgeships
|
8 |
| are assigned to
the subcircuits. Once a resident judgeship is |
9 |
| assigned to a subcircuit, it
shall continue to be assigned to |
10 |
| that subcircuit for all purposes.
|
11 |
| (b) Of the 16th circuit's 16 existing circuit judgeships |
12 |
| existing on April 7, 2005 (7 at large and
9 resident), but not |
13 |
| including the 3 resident judgeships added by this amendatory |
14 |
| Act of the 96th General Assembly, 5 of the 9 resident |
15 |
| judgeships shall be allotted as 16th circuit resident |
16 |
| judgeships under
subsection (c) as (i) the first resident |
17 |
| judgeship of DeKalb County, (ii) the first resident judgeship |
18 |
| of Kendall County, and (iii) the first 2 resident judgeships
of |
19 |
| Kane County are or become vacant on or after the effective date |
20 |
| of this amendatory Act of the 93rd General Assembly, and (iv) |
21 |
| the first resident judgeship of Kane County (in addition to the |
22 |
| 2 vacancies under item (iii)) is or becomes vacant after the |
23 |
| effective date of this amendatory Act of the 94th General |
24 |
| Assembly. These 5 resident subcircuit judgeships and the |
25 |
| remaining 6 4 resident judgeships shall constitute all of the |
26 |
| resident judgeships of the 16th circuit. As used in this |
|
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09600SB1938ham002 |
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1 |
| subsection, a vacancy does not include the
expiration of a term |
2 |
| of a resident judge who seeks
retention in that office at the |
3 |
| next term.
|
4 |
| (c) The Supreme Court shall allot the first eligible DeKalb |
5 |
| County vacancy, the first eligible Kendall County vacancy, and |
6 |
| the first 3 Kane County vacancies in resident judgeships of the |
7 |
| 16th circuit as provided in subsection (b),
for election from |
8 |
| the
various
subcircuits. The judgeships shall be assigned to |
9 |
| the subcircuits based upon the numerical order of the 5 |
10 |
| subcircuits. No resident judge of the 16th circuit serving on
|
11 |
| the effective date of this amendatory Act of the 93rd General |
12 |
| Assembly shall be
required to change his or her residency in |
13 |
| order to continue serving in office
or
to seek retention in |
14 |
| office as judgeships are allotted by the
Supreme Court in |
15 |
| accordance with this Section.
|
16 |
| (d) A resident judge elected from a subcircuit shall |
17 |
| continue to reside in
that
subcircuit as long as he or she |
18 |
| holds that office.
A resident judge elected from a subcircuit |
19 |
| after January 1, 2008, must retain residency as a registered |
20 |
| voter in the subcircuit to run for retention from the circuit |
21 |
| at large thereafter.
|
22 |
| (e) Vacancies in resident judgeships of the 16th circuit |
23 |
| shall be
filled
in the manner provided in Article VI of the |
24 |
| Illinois Constitution.
|
25 |
| (Source: P.A. 94-3, eff. 5-31-05; 95-610, eff. 9-11-07.) |
|
|
|
09600SB1938ham002 |
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|
1 |
| (705 ILCS 35/2k new)
|
2 |
| Sec. 2k. Additional 16th circuit resident judge; Kane |
3 |
| County. In addition to the number of circuit judges otherwise |
4 |
| authorized by this Act, there shall be one additional judge |
5 |
| elected in the 16th judicial circuit who shall be a resident of |
6 |
| and elected from Kane County. The additional resident circuit |
7 |
| judgeship created by this Section may be filled by appointment |
8 |
| by the Illinois Supreme Court until the judgeship is filled by |
9 |
| election beginning at the 2010 general election. The judgeship |
10 |
| provided by this Section shall not be a subcircuit judgeship. |
11 |
| (705 ILCS 35/2m new)
|
12 |
| Sec. 2m. Additional 16th circuit resident judge; DeKalb |
13 |
| County. In addition to the number of circuit judges otherwise |
14 |
| authorized by this Act, there shall be one additional judge |
15 |
| elected in the 16th judicial circuit who shall be a resident of |
16 |
| and elected from DeKalb County. The additional resident circuit |
17 |
| judgeship created by this Section may be filled by appointment |
18 |
| by the 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 |
| (705 ILCS 35/2n new) |
22 |
| Sec. 2n. Additional 16th circuit resident judge; Kendall |
23 |
| County. In addition to the number of circuit judges otherwise |
24 |
| authorized by this Act, there shall be one additional judge |
|
|
|
09600SB1938ham002 |
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|
1 |
| elected in the 16th judicial circuit who shall be a resident of |
2 |
| and elected from Kendall County. The additional resident |
3 |
| circuit judgeship created by this Section may be filled by |
4 |
| appointment by the Illinois Supreme Court until the judgeship |
5 |
| is filled by election beginning at the 2010 general election. |
6 |
| The judgeship provided by this Section shall not be a |
7 |
| subcircuit judgeship. |
8 |
| (705 ILCS 35/2p new)
|
9 |
| Sec. 2p. Additional 13th circuit resident judge; Grundy |
10 |
| County. In addition to the number of circuit judges otherwise |
11 |
| authorized by this Act, there shall be one additional circuit |
12 |
| judge in the
13th circuit who shall be a resident of and |
13 |
| elected from Grundy County. The judgeship shall be filled by |
14 |
| appointment until it is filled by election at the general |
15 |
| election in November of 2010. |
16 |
| (705 ILCS 35/2q new) |
17 |
| Sec. 2q. Additional 17th circuit resident judge; Boone |
18 |
| County. In addition to the number of circuit judges otherwise |
19 |
| authorized by this Act, there shall be one additional judge |
20 |
| elected in the 17th judicial circuit who shall be a resident of |
21 |
| and elected from Boone County. The additional resident circuit |
22 |
| judgeship created by this Section may be filled by appointment |
23 |
| by the Illinois Supreme Court until the judgeship is filled by |
24 |
| election beginning at the 2010 general election. The judgeship |
|
|
|
09600SB1938ham002 |
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|
1 |
| provided by this Section shall not be a subcircuit judgeship. A |
2 |
| resident judge elected from Boone County under this Section |
3 |
| must continue to reside in Boone County as long as he or she |
4 |
| holds that office. |
5 |
| (705 ILCS 35/2r new)
|
6 |
| Sec. 2r. Additional 22nd circuit resident judge. In |
7 |
| addition to the number of circuit judges otherwise authorized |
8 |
| by this Act, there shall be one additional judge elected in the |
9 |
| 22nd judicial circuit. The additional resident circuit |
10 |
| judgeship created by this Section may be filled by appointment |
11 |
| by the Illinois Supreme Court until the judgeship is filled by |
12 |
| election beginning at the 2010 general election. The judgeship |
13 |
| provided by this Section shall not be a subcircuit judgeship. |
14 |
| Section 10. The Associate Judges Act is amended by adding |
15 |
| Sections 2.2, 2.3, 2.4, and 2.5 as follows: |
16 |
| (705 ILCS 45/2.2 new)
|
17 |
| Sec. 2.2. Additional associate judge; 16th circuit. In |
18 |
| addition to the number of associate judges authorized under |
19 |
| Sections 2 and 2.1 of this Act, there shall be one additional |
20 |
| associate judge appointed in the 16th circuit. |
21 |
| (705 ILCS 45/2.3 new) |
22 |
| Sec. 2.3. Additional associate judge; 17th circuit. In |
|
|
|
09600SB1938ham002 |
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|
1 |
| addition to the number of associate judges authorized under |
2 |
| Sections 2 and 2.1 of this Act, there shall be one additional |
3 |
| associate judge appointed in the 17th circuit. |
4 |
| (705 ILCS 45/2.4 new)
|
5 |
| Sec. 2.4. Additional associate judges; 18th circuit. In |
6 |
| addition to the number of associate judges authorized under |
7 |
| Sections 2 and 2.1 of this Act, there shall be one additional |
8 |
| associate judge appointed in the 18th circuit. |
9 |
| (705 ILCS 45/2.5 new)
|
10 |
| Sec. 2.5. Additional associate judge; 13th circuit. In |
11 |
| addition to the number of associate judges authorized under |
12 |
| Sections 2 and 2.1 of this Act, there shall be 2 additional |
13 |
| associate judges appointed in the 13th circuit.
|
14 |
| Section 99. Effective date. This Act takes effect upon |
15 |
| becoming law.".
|