Illinois General Assembly - Full Text of SB0996
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Full Text of SB0996  95th General Assembly

SB0996enr 95TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning courts.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Circuit Courts Act is amended by changing
5 Sections 2f, 2f-2, 2f-4, 2f-5, 2f-6, and 2f-9 as follows:
 
6     (705 ILCS 35/2f)  (from Ch. 37, par. 72.2f)
7     Sec. 2f. (a) The Circuit of Cook County shall be divided
8 into 15 units to be known as subcircuits. The subcircuits shall
9 be compact, contiguous, and substantially equal in population.
10 The General Assembly shall create the subcircuits by law on or
11 before July 1, 1991, using population data as determined by the
12 1990 Federal census.
13     (b) The 165 resident judges to be elected from the Circuit
14 of Cook County shall be determined under paragraph (4) of
15 subsection (a) of Section 2 of the Judicial Vacancies Act.
16     (c) The Supreme Court shall allot (i) the additional
17 resident judgeships provided by paragraph (4) of subsection (a)
18 of Section 2 of the Judicial Vacancies Act and (ii) all
19 vacancies in resident judgeships existing on or occurring on or
20 after the effective date of this amendatory Act of 1990, with
21 respect to the other resident judgeships of the Circuit of Cook
22 County, for election from the various subcircuits until there
23 are 11 resident judges to be elected from each of the 15

 

 

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1 subcircuits (for a total of 165). A resident judgeship
2 authorized before the effective date of this amendatory Act of
3 1990 that became vacant and was filled by appointment by the
4 Supreme Court before that effective date shall be filled by
5 election at the general election in November of 1992 from the
6 unit of the Circuit of Cook County within Chicago or the unit
7 of that Circuit outside Chicago, as the case may be, in which
8 the vacancy occurred.
9     (d) As soon as practicable after the subcircuits are
10 created by law, the Supreme Court shall determine by lot a
11 numerical order for the 15 subcircuits. That numerical order
12 shall be the basis for the order in which resident judgeships
13 are assigned to the subcircuits. After the first round of
14 assignments, the second and all later rounds shall be based on
15 the same numerical order. Once a resident judgeship is assigned
16 to a subcircuit, it shall continue to be assigned to that
17 subcircuit for all purposes.
18     (e) A resident judge elected from a subcircuit shall
19 continue to reside in that subcircuit as long as he or she
20 holds that office. A resident judge elected from a subcircuit
21 after January 1, 2008, must retain residency as a registered
22 voter in the subcircuit to run for retention from the circuit
23 at large thereafter.
24 (Source: P.A. 86-1478.)
 
25     (705 ILCS 35/2f-2)

 

 

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1     Sec. 2f-2. 19th judicial circuit; subcircuits.
2     (a) The 19th circuit shall be divided into 6 subcircuits.
3 The subcircuits shall be compact, contiguous, and
4 substantially equal in population. The General Assembly by law
5 shall create the subcircuits, using population data as
6 determined by the 2000 federal census, and shall determine a
7 numerical order for the 6 subcircuits. That numerical order
8 shall be the basis for the order in which resident judgeships
9 are assigned to the subcircuits. Once a resident judgeship is
10 assigned to a subcircuit, it shall continue to be assigned to
11 that subcircuit for all purposes.
12     (b) The 19th circuit shall have a total of 6 resident
13 judgeships. The number of resident judgeships allotted to
14 subcircuits of the 19th judicial circuit pursuant to this
15 Section shall constitute all the resident judgeships of the
16 19th judicial circuit.
17     (c) The Supreme Court shall allot (i) all vacancies in
18 resident judgeships of the 19th circuit existing on or
19 occurring on or after the effective date of this amendatory Act
20 of the 93rd General Assembly and not filled at the 2004 general
21 election and (ii) the resident judgeships of the 19th circuit
22 filled at the 2004 general election as those judgeships
23 thereafter become vacant, for election from the various
24 subcircuits until there is one resident judge to be elected
25 from each subcircuit. No resident judge of the 19th circuit
26 serving on the effective date of this amendatory Act of the

 

 

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1 93rd General Assembly shall be required to change his or her
2 residency in order to continue serving in office or to seek
3 retention in office as resident judgeships are allotted by the
4 Supreme Court in 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.
11     (e) Vacancies in resident judgeships of the 19th circuit
12 shall be filled in the manner provided in Article VI of the
13 Illinois Constitution.
14 (Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04;
15 93-1102, eff. 4-7-05; 94-727, eff. 2-14-06.)
 
16     (705 ILCS 35/2f-4)
17     Sec. 2f-4. 12th circuit; subcircuits; additional judges.
18     (a) The 12th circuit shall be divided into 5 subcircuits.
19 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
25 are assigned to the subcircuits. Once a resident judgeship is

 

 

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1 assigned to a subcircuit, it shall continue to be assigned to
2 that subcircuit for all purposes.
3     (a-10) The first vacancy in the 12th judicial circuit's 10
4 existing circuit judgeships (8 at large and 2 resident), but
5 not in the additional judgeships described in subsections (b)
6 and (b-5), that exists on or after the effective date of this
7 amendatory Act of the 94th General Assembly shall not be
8 filled, by appointment or election, and that judgeship is
9 eliminated. Of the 12th judicial circuit's 10 existing circuit
10 judgeships (8 at large and 2 resident), but not the additional
11 judgeships described in subsections (b) and (b-5), the second
12 to be vacant or become vacant on or after the effective date of
13 this amendatory Act of the 94th General Assembly shall be
14 allotted as a 12th circuit resident judgeship under subsection
15 (c). As used in this subsection, a vacancy does not include the
16 expiration of a term of an at large or resident judge who seeks
17 retention in that office at the next term.
18     (b) The 12th circuit shall have 3 additional resident
19 judgeships, as well as its existing resident judgeship or
20 judgeships, and existing at large judgeships, for a total of 12
21 judgeships available to be allotted under subsection (c) to the
22 5 subcircuit resident judgeships. The additional resident
23 judgeship created by Public Act 93-541 shall be filled by
24 election beginning at the general election in 2006. The 2
25 additional resident judgeships created by this amendatory Act
26 of 2004 shall be filled by election beginning at the general

 

 

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1 election in 2008. After the subcircuits are created by law, the
2 Supreme Court may fill by appointment the additional resident
3 judgeships created by Public Act 93-541 and this amendatory Act
4 of 2004 until the 2006 or 2008 general election, as the case
5 may be.
6     (b-5) In addition to the number of circuit judges and
7 resident judges otherwise authorized by law, and
8 notwithstanding any other provision of law, beginning on April
9 1, 2006 there shall be one additional resident judge who is a
10 resident of and elected from the fourth judicial subcircuit of
11 the 12th judicial circuit. That additional resident judgeship
12 may be filled by appointment by the Supreme Court until filled
13 by election at the general election in 2008, regardless of
14 whether the judgeships for subcircuits 1, 2, and 3 have been
15 filled.
16     (c) The Supreme Court shall allot (i) the additional
17 resident judgeships of the 12th circuit created by Public Act
18 93-541 and this amendatory Act of 2004, and (ii) the second
19 vacancy in the at large and resident judgeships of the 12th
20 circuit as provided in subsection (a-10), for election from the
21 various subcircuits until, with the additional judge of the
22 fourth subcircuit described in subsection (b-5), there is one
23 resident judge to be elected from each subcircuit. No at large
24 or resident judge of the 12th circuit serving on August 18,
25 2003 shall be required to change his or her residency in order
26 to continue serving in office or to seek retention in office as

 

 

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1 at large or resident judgeships are allotted by the Supreme
2 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 12th circuit
10 shall be filled in the manner provided in Article VI of the
11 Illinois Constitution.
12 (Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04;
13 93-1102, eff. 4-7-05; 94-727, eff. 2-14-06.)
 
14     (705 ILCS 35/2f-5)
15     Sec. 2f-5. 22nd circuit; subcircuits; additional resident
16 judgeship.
17     (a) The 22nd circuit shall be divided into 4 subcircuits.
18 The subcircuits shall be compact, contiguous, and
19 substantially equal in population. The General Assembly by law
20 shall create the subcircuits, using population data as
21 determined by the 2000 federal census, and shall determine a
22 numerical order for the 4 subcircuits. That numerical order
23 shall be the basis for the order in which resident judgeships
24 are assigned to the subcircuits. Once a resident judgeship is
25 assigned to a subcircuit, it shall continue to be assigned to

 

 

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1 that subcircuit for all purposes.
2     (b) The 22nd circuit shall have one additional resident
3 judgeship, as well as its 3 existing resident judgeships, for a
4 total of 4 resident judgeships to be allotted to the 4
5 subcircuit resident judgeships. The additional resident
6 judgeship created by this amendatory Act of the 93rd General
7 Assembly shall be filled by election beginning at the general
8 election in 2006 and shall not be filled by appointment before
9 the general election in 2006. The number of resident judgeships
10 allotted to subcircuits of the 22nd judicial circuit pursuant
11 to this Section shall constitute all the resident judgeships of
12 the 22nd judicial circuit.
13     (c) The Supreme Court shall allot (i) all vacancies in
14 resident judgeships of the 22nd circuit existing on or
15 occurring on or after August 18, 2003 and not filled at the
16 2004 general election, (ii) the resident judgeships of the 22nd
17 circuit filled at the 2004 general election as those judgeships
18 thereafter become vacant, and (iii) the additional resident
19 judgeship of the 22nd circuit created by this amendatory Act of
20 the 93rd General Assembly, for election from the various
21 subcircuits until there is one resident judge to be elected
22 from each subcircuit. No resident judge of the 22nd circuit
23 serving on August 18, 2003 shall be required to change his or
24 her residency in order to continue serving in office or to seek
25 retention in office as resident judgeships are allotted by the
26 Supreme Court in accordance with this Section.

 

 

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1     (d) A resident judge elected from a subcircuit shall
2 continue to reside in that subcircuit as long as he or she
3 holds that office. A resident judge elected from a subcircuit
4 after January 1, 2008, must retain residency as a registered
5 voter in the subcircuit to run for retention from the circuit
6 at large thereafter.
7     (e) Vacancies in resident judgeships of the 22nd circuit
8 shall be filled in the manner provided in Article VI of the
9 Illinois Constitution.
10 (Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04;
11 93-1102, eff. 4-7-05; 94-727, eff. 2-14-06.)
 
12     (705 ILCS 35/2f-6)
13     Sec. 2f-6. 17th judicial circuit; subcircuits.
14     (a) The 17th circuit shall be divided into 4 subcircuits.
15 The subcircuits shall be compact, contiguous, and
16 substantially equal in population. The General Assembly by law
17 shall create the subcircuits, using population data as
18 determined by the 2000 federal census, and shall determine a
19 numerical order for the 4 subcircuits. That numerical order
20 shall be the basis for the order in which resident judgeships
21 are assigned to the subcircuits. Once a resident judgeship is
22 assigned to a subcircuit, it shall continue to be assigned to
23 that subcircuit for all purposes.
24     (a-10) Of the 17th circuit's 9 existing circuit judgeships
25 (6 at large and 3 resident), the 3 resident judgeships shall be

 

 

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1 allotted as 17th circuit resident judgeships under subsection
2 (c) as those resident judgeships are or become vacant on or
3 after the effective date of this amendatory Act of the 93rd
4 General Assembly. Of the 17th circuit's associate judgeships,
5 the first associate judgeship that is or becomes vacant on or
6 after the effective date of this amendatory Act of the 93rd
7 General Assembly shall become a resident judgeship of the 17th
8 circuit to be allotted by the Supreme Court under subsection
9 (c) as a resident subcircuit judgeship. These resident
10 judgeships shall constitute all of the resident judgeships of
11 the 17th circuit. As used in this subsection, a vacancy does
12 not include the expiration of a term of a resident judge who
13 seeks retention in that office at the next term. A vacancy does
14 not exist or occur at the expiration of an associate judge's
15 term if the associate judge is reappointed.
16     (b) The 17th circuit shall have a total of 4 judgeships (3
17 resident and one associate) available to be allotted to the 4
18 subcircuit resident judgeships.
19     (c) The Supreme Court shall allot (i) the 3 resident
20 judgeships of the 17th circuit as they are or become vacant as
21 provided in subsection (a-10) and (ii) the one associate
22 judgeship converted into a resident judgeship of the 17th
23 circuit as it is or becomes vacant as provided in subsection
24 (a-10), for election from the various subcircuits until there
25 is one resident judge to be elected from each subcircuit. No
26 resident or associate judge of the 17th circuit serving on the

 

 

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1 effective date of this amendatory Act of the 93rd General
2 Assembly shall be required to change his or her residency in
3 order to continue serving in office or to seek retention or
4 reappointment in office as resident judgeships are allotted by
5 the Supreme Court in accordance with this Section.
6     (d) A resident judge elected from a subcircuit shall
7 continue to reside in that subcircuit as long as he or she
8 holds that office. A resident judge elected from a subcircuit
9 after January 1, 2008, must retain residency as a registered
10 voter in the subcircuit to run for retention from the circuit
11 at large thereafter.
12     (e) Vacancies in resident judgeships of the 17th circuit
13 shall be filled in the manner provided in Article VI of the
14 Illinois Constitution.
15 (Source: P.A. 93-1102, eff. 4-7-05.)
 
16     (705 ILCS 35/2f-9)
17     Sec. 2f-9. 16th judicial circuit; subcircuits.
18     (a) The 16th circuit shall be divided into 5 subcircuits.
19 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
25 are assigned to the subcircuits. Once a resident judgeship is

 

 

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1 assigned to a subcircuit, it shall continue to be assigned to
2 that subcircuit for all purposes.
3     (b) Of the 16th circuit's 16 existing circuit judgeships (7
4 at large and 9 resident), 5 of the 9 resident judgeships shall
5 be allotted as 16th circuit resident judgeships under
6 subsection (c) as (i) the first resident judgeship of DeKalb
7 County, (ii) the first resident judgeship of Kendall County,
8 and (iii) the first 2 resident judgeships of Kane County are or
9 become vacant on or after the effective date of this amendatory
10 Act of the 93rd General Assembly, and (iv) the first resident
11 judgeship of Kane County (in addition to the 2 vacancies under
12 item (iii)) is or becomes vacant after the effective date of
13 this amendatory Act of the 94th General Assembly. These 5
14 resident subcircuit judgeships and the remaining 4 resident
15 judgeships shall constitute all of the resident judgeships of
16 the 16th circuit. As used in this subsection, a vacancy does
17 not include the expiration of a term of a resident judge who
18 seeks retention in that office at the next term.
19     (c) The Supreme Court shall allot the first DeKalb County
20 vacancy, the first Kendall County vacancy, and the first 3 Kane
21 County vacancies in resident judgeships of the 16th circuit as
22 provided in subsection (b), for election from the various
23 subcircuits. The judgeships shall be assigned to the
24 subcircuits based upon the numerical order of the 5
25 subcircuits. No resident judge of the 16th circuit serving on
26 the effective date of this amendatory Act of the 93rd General

 

 

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1 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.
11     (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.
14 (Source: P.A. 93-1102, eff. 4-7-05; 94-3, eff. 5-31-05.)
 
15     Section 99. Effective date. This Act takes effect upon
16 becoming law.