HC0010 98TH GENERAL ASSEMBLY

LRB098 02627 HEP 39408 e

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0010

Introduced , by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:

ILCON Art. VI, Sec. 12

ILCON Art. VI, Sec. 12.1 new

Proposes to amend the Judiciary Article of the Illinois Constitution concerning the retention of Supreme, Appellate, and Circuit Judges. Creates a Judicial Retention Commission in each Judicial District to evaluate the qualifications of Supreme and Appellate Court Judges seeking retention and creates a Judicial Retention Commission in each Judicial Circuit to determine the qualification for Judges for retention in the Circuit. Provides for the impaneling of additional Judicial Retention Commissions in a Circuit if more than 40 Judges have filed a declaration of candidacy for retention. Provides that Judges found unqualified by the Commissions may seek retention in retention elections. Provides that Judges found qualified are retained in office. Effective upon being declared adopted under Section 7 of the Illinois Constitutional Amendment Act.

HOUSE JOINT RESOLUTION

CONSTITUTIONAL AMENDMENT

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

ARTICLE VI

THE JUDICIARY

(ILCON Art. VI, Sec. 12)

SECTION 12. ELECTION AND RETENTION

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

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

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

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

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

(Source: Illinois Constitution.)

(ILCON Art. VI, Sec. 12.1 new) SECTION 12.1. JUDICIAL RETENTION PROCEDURES

(a) There shall be a Judicial Retention Commission in each Judicial District to determine qualifications for retention of Judges of the Supreme and Appellate Courts for each District and a separate Judicial Retention Commission to determine qualifications for retention of Circuit Judges for each Circuit. A combined Judicial Retention Commission shall be impaneled to consider the qualifications of judges seeking retention in the First Judicial District and the Cook County Circuit. If more than 40 Judges in a Circuit, or in Cook County in the combined District and Circuit, have filed declarations of candidacy for retention under this Section, one or more additional Judicial Retention Commissions shall be impaneled so that not more than 40 Judges are assigned to a single Judicial Retention Commission. When more than one Commission is impaneled in a Circuit or in a combined District and Circuit, the Administrative Director of the Illinois Courts shall divide the candidates for retention by lot into equal groups or groups that are as close to equal as possible and shall by lot designate the groups for assignment to each Judicial Retention Commission.

(b) Each Judicial Retention Commission shall consist of 11 members. Six members shall be non-lawyers and 5 members shall be lawyers. All members shall be residents of the appropriate District or Circuit.

(c) Two non-lawyer members of each Judicial Retention Commission shall be appointed by the Governor and 2 non-lawyer members shall be appointed by the State official or officer first in the order indicated who was elected to office and is not affiliated with the same political party as the Governor: the Attorney General, the Secretary of State, the Comptroller, the Treasurer, the President of the Senate, the Speaker of the House of Representatives. If all of those State officials and officers are affiliated with the same political party as the Governor, one non-lawyer member shall be appointed by the Minority Leader of the Senate and one non-lawyer member shall be appointed by the Minority Leader of the House of Representatives. If there is a vacancy in a position for which the original appointment was made under this subsection (c), a successor non-lawyer member shall be appointed by the same person who appointed the predecessor non-lawyer member if that person's office and political party affiliation have not changed since the predecessor non-lawyer member was appointed. If that person's office or political party affiliation have changed since the predecessor non-lawyer member was appointed, the successor non-lawyer member shall be appointed: (i) by the Governor if the Governor is affiliated with the same political party as the predecessor non-lawyer member; or (ii) otherwise by the State official or officer first in the order indicated in this subsection (c) who was elected to office and is not affiliated with the same political party as the Governor.

(d) If a Circuit or a District comprises a single county, one non-lawyer member of each Judicial Retention Commission shall be appointed by the county board chairman and one non-lawyer member shall be appointed by the county board member with the longest service on the county board who is not affiliated with the same political party as the chairman. If 2 or more county board members who are not affiliated with the same political party as the chairman are tied for the longest service, one of them shall be chosen by lot to make the appointment. If the county board consists only of members of the same political party, the county board shall appoint 2 non-lawyer members of the Judicial Retention Commission, but those appointees may not both be affiliated with the same political party. If there is a vacancy in a position for which the original appointment was made under this subsection (d) and the county board does not consist only of members of the same political party, a successor non-lawyer member shall be appointed by the same person who appointed the predecessor non-lawyer member if that person's office and political party affiliation have not changed since the predecessor non-lawyer member was appointed. If that person's office or political party affiliation have changed since the predecessor non-lawyer member was appointed, the successor non-lawyer member shall be appointed: (i) by the county board chairman if the county board chairman is affiliated with the same political party as the predecessor non-lawyer member; or (ii) otherwise by the county board member with the longest service on the county board as determined under this subsection (d) who is not affiliated with the same political party as the chairman. If there is a vacancy in a position for which the original appointment was made under this subsection (d) and the county board consists only of members of the same political party, the county board shall appoint a successor non-lawyer member and the member appointed may not be affiliated with the same political party as the other non-lawyer member appointed under this subsection (d).

(e) If a Circuit or a District is comprised of more than a single county, the chairmen of the county boards within that Circuit or District shall select 2 non-lawyer members of the Judicial Retention Commission, but both of those appointees may not be affiliated with the same political party. If there is a vacancy in a position for which the original appointment was made under this subsection (e), the vacancy shall be filled by the county board chairmen, and the member appointed may not be affiliated with the same political party as the other non-lawyer member appointed under this subsection (e).

(f) If any official, group of officials, or body fails to appoint a non-lawyer member to a Judicial Retention Commission or fill a vacancy, the Supreme Court shall make the appointment or fill the vacancy. When a Judge of the Supreme Court is seeking retention, he or she shall not participate in the appointment of any member of his or her District's Judicial Retention Commission under this subsection (f) or under subsection (h).

(g) For purposes of filling a non-lawyer vacancy on a Judicial Retention Commission under this Section, the political affiliation of the predecessor non-lawyer member shall be deemed to be his or her political affiliation at the time of his or her appointment.

(h) The lawyer members of each Judicial Retention Commission shall be selected by secret ballot, without political party or other designation, by the lawyers who are admitted to practice in Illinois and who reside in the appropriate District or Circuit, in a manner provided by Supreme Court Rule. The lawyer members of the Judicial Retention Commission shall be admitted to practice in Illinois and reside in the appropriate District or Circuit. If an inadequate number of lawyers is selected in the manner set forth in this Section, the Supreme Court shall appoint the other lawyer members. If there is a vacancy in a position for which the original appointment was made under this subsection (h), the currently eligible lawyer who was not selected in the most recent election held under this subsection (h) in the appropriate District or Circuit but who received more votes than the other currently eligible lawyers who were not selected shall be appointed; however, if no lawyer is eligible to fill a vacancy in this manner, the Supreme Court shall appoint a lawyer to fill the vacancy.

(i) To ensure racial diversity in any District or Circuit where African-Americans, Asian-Americans, or Hispanic-Americans exceed 3% of the population and are not represented on a Judicial Retention Commission, the Supreme Court shall appoint a lawyer-member from the listed racial group that exceeds 3% of the population so that that group has no less than one member on that Commission.

(j) The term of each member of a Judicial Retention Commission shall begin 8 months before the general election in each year in which a general election is held, and shall expire on the first Monday in November of the same year. Appointments and elections to a Judicial Retention Commission may not take place earlier than 45 days before the term is to commence. A member appointed to fill a vacancy shall serve for the unexpired portion of the term.

(k) The chairman of each Judicial Retention Commission shall be selected by its members.

(l) Any person who holds any office under the United States or this State or any political subdivision or unit of local government of this State and receives compensation for services rendered in that office, or who holds any office or official position in a political party, is ineligible to serve on a Judicial Retention Commission. Compensation for service in the State militia or the armed services of the United States for a period of time as determined by Supreme Court Rule is not a disqualification to service on a Judicial Retention Commission.

(m) Members of a Judicial Retention Commission may not serve consecutive terms on a Commission. No person may serve on more than one Judicial Retention Commission at the same time.

(n) All members of a Judicial Retention Commission are subject to ethics and economic disclosure requirements as provided by law, and lawyer members are subject to campaign financing disclosure requirements as provided by law.

(o) Not less than 10 months before the general election next preceding the expiration of his or her term of office, a Supreme, Appellate, or Circuit Judge who has been elected to that office may file in the office of the Secretary of State a declaration of candidacy for retention in that office. The Secretary of State shall, within 14 days of receipt of the declaration of candidacy, submit the Judge's name to the Administrative Director of the Illinois Courts. The Administrative Director of the Illinois Courts shall certify the number of Judicial Retention Commissions that are necessary. Not less than 7 and not more than 8 months before the general election next preceding the expiration of the term of office of the Judge, the Administrative Director of the Illinois Courts shall notify the chairman of the appropriate Judicial Retention Commission of the Judge's candidacy. The chairman shall then promptly convene the Commission.

(p) A Judicial Retention Commission may conduct investigations, meetings, and hearings, all of which may be confidential, and employ staff members as may be necessary to perform its duties. Each Commission shall determine its own rules, which shall be broadly disseminated and at a minimum shall contain provisions affording judges seeking retention the opportunity to appear before it and, when it finds that a Judge is not qualified to serve another term, an opportunity for rehearing. Members of Commissions may not receive any compensation for their services but are entitled to reimbursement for necessary expenses. The General Assembly shall appropriate funds to the Supreme Court for expense reimbursement and for all other administrative expenses of the Commissions.

(q) If, by concurrence of not less than three-fifths of its members, the Commission finds the candidate to be qualified to serve another term, the candidate shall be retained in office for a full term commencing on the first Monday in December following the general election. The standard for determining qualifications to serve another term is that the person who by his or her character, background, temperament, professional aptitude, experience, and commitment to justice is deemed by the Commission to be qualified to be retained in office. Each qualified person may be considered for retention by a Judicial Retention Commission free from discrimination on the basis of race, color, creed, national ancestry, or sex.

(r) Not less than 84 days before the election, the Commission shall prepare and submit to each candidate its finding as to whether the Commission finds or fails to find that the candidate is qualified to serve another term. Not less than 77 days before the election, the Commission shall submit to the Secretary of State a list stating by name which candidates: (i) it has found qualified to serve another term; (ii) it has found to be not qualified; and (iii) have withdrawn their candidacy by written notification to the Commission.

(s) If a Judicial Retention Commission finds that a Judge is not qualified for retention, the Judge has the right to be informed of the reason or reasons for the finding. That judge may stand for retention by the electorate at the general election by filing in the office of the Secretary of State, not less than 70 days before the election, a declaration of candidacy for retention by the electorate. Not less than 63 days before the election, the Secretary of State shall certify the Judge's candidacy to the proper election officials. When a Judge files a declaration of candidacy for retention by the electorate, the reason or reasons for the Commission's finding that the Judge is not qualified for retention shall be made public by the Commission. At the election, the name of each Judge who has timely filed a declaration of candidacy for retention by the electorate shall be submitted to the electors, separately and without party designation, on the sole question of retention in office for another term. Retention elections shall be conducted at general elections in the appropriate Judicial Districts and Circuits. The affirmative vote of three-fifths of the electors on the question of retention shall elect a Judge to that office for a full term commencing on the first Monday in December following the election.

(t) A Judge eligible to file a declaration of candidacy for retention who fails to do so within the time specified in this Section, or having filed, fails of retention, shall vacate the office on the first Monday in December following the election, whether or not a successor is qualified. If an incumbent Judge, eligible to do so, does not timely file a declaration of candidacy for retention, the selection of a successor, if any, shall proceed in the manner provided in Section 12.

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

SCHEDULE

This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act.