SC0007 98TH GENERAL ASSEMBLY

LRB098 08297 JWD 38400 e

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SENATE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
SC0007

Introduced 2/4/2013, by Sen. Bill Cunningham

SYNOPSIS AS INTRODUCED:

ILCON Art. VI, Sec. 8

ILCON Art. VI, Sec. 11

ILCON Art. VI, Sec. 12

Proposes to amend the Judiciary Article of the Illinois Constitution relating to the eligibility to be elected or appointed as a Judge or Associate Judge in a county with a population of 3,000,000 or more. Provides that in order to be eligible for election or appointment as a Judge or Associate Judge after the adoption of the Amendment, the person must have actively practiced law in the State for at least 10 years before his or her election or appointment as a Judge or Associate Judge and his or her license to practice law in the State must not have been suspended or revoked for disciplinary reasons by the Supreme Court. Provides that in order to be eligible for election or retention as a Judge, or appointment or reappointment as an Associate Judge, after the adoption of the Amendment, the person must have been certified as qualified to be a Judge or Associate Judge by at least 5 members of the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois. Provides that the certification is for 2 years and the person is subject to recertification if the person meets the requirements. Provides that the retention of an elected Judge requires a two-thirds vote (currently three-fifths). Provides that before a candidate for Judge is eligible to circulate petitions or be placed on the ballot for nomination, election or retention as a Supreme, Appellate and Circuit Judge, he or she must be certified as qualified to hold the office of Judge by the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois. Effective upon adoption and applies only to persons seeking election or appointment as a Judge or Associate Judge after the adoption of the Amendment.

SENATE JOINT RESOLUTION

CONSTITUTIONAL AMENDMENT

RESOLVED, BY THE SENATE OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Sections 8, 11, and 12 of Article VI of the Illinois Constitution as follows:

ARTICLE VI

THE JUDICIARY

(ILCON Art. VI, Sec. 8)

SECTION 8. ASSOCIATE JUDGES

(a) Each Circuit Court shall have such number of Associate Judges as provided by law. Associate Judges shall be appointed by the Circuit Judges in each circuit as the Supreme Court shall provide by rule. In the First Judicial District, unless otherwise provided by law, at least one-fourth of the Associate Judges shall be appointed from, and reside, outside Chicago. The Supreme Court shall provide by rule for matters to be assigned to Associate Judges.

(b) In a county with a population of 3,000,000 or more, a person shall not be appointed or reappointed as an Associate Judge after the adoption of this Amendment unless he or she has been certified as qualified by the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois as provided in Section 11 of this Article.

(Source: Illinois Constitution.)

(ILCON Art. VI, Sec. 11)

SECTION 11. ELIGIBILITY FOR OFFICE

(a) No person shall be eligible to be a Judge or Associate Judge unless he is a United States citizen, a licensed attorney-at-law of this State, and a resident of the unit which selects him. No change in the boundaries of a unit shall affect the tenure in office of a Judge or Associate Judge incumbent at the time of such change.

(b) In a county with a population of 3,000,000 or more, a person who is not a Judge or Associate Judge on the date that this Amendment is adopted shall not be eligible to be a Judge or Associate Judge unless he or she has actively practiced law in this State for at least 10 years before his or her election or appointment as a Judge or Associate Judge and his or her license to practice law in this State has not been suspended or revoked for disciplinary reasons by the Supreme Court. A person who is not a Judge or Associate Judge on the date that this Amendment is adopted shall not be eligible to be elected or retained as a Judge, or appointed or reappointed as an Associate Judge, unless the person has been certified as qualified to be a Judge or Associate Judge by at least 5 members of the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois. The certification by the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois shall be effective for 2 years after it is issued. A person issued certification is eligible for recertification if the requirements of this Section are met. During the evaluation process, the Commission shall consider each candidate's legal experience, skill and knowledge, as well as his or her academic background, personal character, commitment to community service, and professional conduct and temperament. The Commission may consult with the Illinois State Bar Association and other well established local bar associations in evaluating applicants for Judge or Associate Judge. The Commission shall charge an applicant for Judge or Associate Judge a suitable fee, set by the Commission, in an amount necessary to defray all costs incurred by the evaluation process.

(Source: Illinois Constitution.)

(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 two-thirds 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.

(f) After the adoption of this Amendment, before a candidate for Judge is eligible to circulate petitions or be placed on the ballot for nomination, election or retention as a Supreme, Appellate and Circuit Judge in a county with a population of 3,000,000 or more, he or she must be certified as qualified to hold the office of Judge by the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois as provided in Section 11 of this Article VI.

(Source: Illinois Constitution.)

SCHEDULE

This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act and applies only to persons seeking election or appointment as a Judge or Associate Judge after the adoption of this Amendment.