Illinois General Assembly - Full Text of SB1938
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Full Text of SB1938  96th General Assembly

SB1938enr 96TH 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 2, 2f-1, 2f-2, 2f-4, 2f-5, 2f-6, and 2f-9 and by
6 adding Sections 2k, 2m, 2n, 2p, 2q, and 2r as follows:
 
7     (705 ILCS 35/2)  (from Ch. 37, par. 72.2)
8     Sec. 2. Circuit judges shall be elected at the general
9 elections and for terms as provided in Article VI of the
10 Illinois Constitution. Ninety-four circuit judges shall be
11 elected in the Circuit of Cook County and 3 circuit judges
12 shall be elected in each of the other circuits, but in circuits
13 other than Cook County containing a population of 230,000 or
14 more inhabitants and in which there is included a county
15 containing a population of 200,000 or more inhabitants, or in
16 circuits other than Cook County containing a population of
17 270,000 or more inhabitants, according to the last preceding
18 federal census and in the circuit where the seat of State
19 government is situated at the time fixed by law for the
20 nomination of judges of the Circuit Court in such circuit and
21 in any circuit which meets the requirements set out in Section
22 2a of this Act, 4 circuit judges shall be elected in the manner
23 provided by law. In circuits other than Cook County in which

 

 

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1 each county in the circuit has a population of 475,000 or more,
2 4 circuit judges shall be elected in addition to the 4 circuit
3 judges provided for in this Section. In any circuit composed of
4 2 counties having a total population of 350,000 or more, one
5 circuit judge shall be elected in addition to the 4 circuit
6 judges provided for in this Section.
7     Any additional circuit judgeships in the 19th and 22nd
8 judicial circuits resulting by operation of this Section shall
9 be filled, if at all, at the general election in 2006 only as
10 provided in Section 2f-1. Thereafter, however, this Section
11 shall not apply to the determination of the number of circuit
12 judgeships in the 19th and 22nd judicial circuits. The number
13 of circuit judgeships in the 19th judicial circuit shall be
14 determined thereafter in accordance with Section 2f-1 and
15 Section 2f-2 and shall be reduced in accordance with those
16 Sections. The number of circuit judgeships in the 22nd judicial
17 circuit shall be determined thereafter in accordance with
18 Section 2f-1 and Section 2f-5 and shall be reduced in
19 accordance with those Sections.
20     Notwithstanding the provisions of this Section or any other
21 law, the number of at large judgeships of the 12th judicial
22 circuit may be reduced by one or 2 judgeships as provided in
23 subsections subsection (a-10) and (a-15) of Section 2f-4.
24     The several judges of the circuit courts of this State,
25 before entering upon the duties of their office, shall take and
26 subscribe the following oath or affirmation, which shall be

 

 

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1 filed in the office of the Secretary of State:
2     "I do solemnly swear (or affirm, as the case may be) that I
3 will support the constitution of the United States, and the
4 constitution of the State of Illinois, and that I will
5 faithfully discharge the duties of judge of.... court,
6 according to the best of my ability."
7     One of the 3 additional circuit judgeships authorized by
8 this amendatory Act in circuits other than Cook County in which
9 each county in the circuit has a population of 475,000 or more
10 may be filled when this Act becomes law. The 2 remaining
11 circuit judgeships in such circuits shall not be filled until
12 on or after July 1, 1977.
13 (Source: P.A. 93-541, eff. 8-18-03; 94-727, eff. 2-14-06.)
 
14     (705 ILCS 35/2f-1)
15     Sec. 2f-1. 19th and 22nd judicial circuits.
16     (a) On December 4, 2006, the 19th judicial circuit is
17 divided into the 19th and 22nd judicial circuits as provided in
18 Section 1 of the Circuit Courts Act. This division does not
19 invalidate any action taken by the 19th judicial circuit or any
20 of its judges, officers, employees, or agents before December
21 4, 2006. This division does not affect any person's rights,
22 obligations, or duties, including applicable civil and
23 criminal penalties, arising out of any action taken by the 19th
24 judicial circuit or any of its judges, officers, employees, or
25 agents before December 4, 2006.

 

 

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1     (b) Of the 7 circuit judgeships elected at large in the
2 19th circuit before the general election in 2006, the Supreme
3 Court shall assign 5 to the 19th circuit and 2 to the 22nd
4 circuit, based on residency of the circuit judges then holding
5 those judgeships. The 5 assigned to the 19th circuit shall
6 continue to be elected at large, except those at large
7 judgeships that become resident judgeships as provided in
8 subsection (a-5) of Section 2f-2. The 2 assigned to the 22nd
9 circuit shall continue to be elected at large.
10     (b-5) Except as provided in subsection (b-10), the number
11 of at large judgeships of the 19th judicial circuit shall be
12 the number of at large judgeships specified for assigned to the
13 19th judicial circuit pursuant to subsection (b) plus only the
14 judgeship designated as vacancy A by the State Board of
15 Elections filled at the 2006 general election. If, before, on,
16 or after the effective date of this amendatory Act of the 94th
17 General Assembly, the State Board of Elections has certified or
18 certifies one or more candidates for a judgeship of the 19th
19 judicial circuit designated as vacancy B or C by the State
20 Board of Elections, then all such certifications are revoked
21 and are null and void by operation of law and the names of any
22 such candidates shall not appear upon the 2006 general primary
23 ballot or the 2006 general election ballot for any of those
24 judgeships. Except as provided in subsection (b-10), the number
25 of at large judgeships of the 22nd judicial circuit shall be
26 the number of at large judgeships assigned to the 22nd judicial

 

 

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1 circuit pursuant to subsection (b) plus only the judgeship
2 designated as vacancy A by the State Board of Elections filled
3 at the 2006 general election. If, before, on, or after the
4 effective date of this amendatory Act of the 94th General
5 Assembly, the State Board of Elections has certified or
6 certifies one or more candidates for the judgeship of the 22nd
7 judicial circuit designated as vacancy B by the State Board of
8 Elections, then any such certifications are revoked and are
9 null and void by operation of law and the names of any such
10 candidates shall not appear upon the 2006 general primary
11 ballot or the 2006 general election ballot for that judgeship.
12     (b-10) If this amendatory Act of the 94th General Assembly
13 is held unconstitutional and as a result the judgeships
14 designated by the State Board of Elections as vacancies A, B,
15 and C of the 19th judicial circuit are filled at the 2006
16 general election, then the number of at large judgeships of the
17 19th judicial circuit shall be only the number of at large
18 judgeships specified for assigned to the 19th judicial circuit
19 pursuant to subsection (b). If this amendatory Act of the 94th
20 General Assembly is held unconstitutional and as a result the
21 judgeships designated by the State Board of Elections as
22 vacancies A and B of the 22nd judicial circuit are filled at
23 the 2006 general election, then the number of at large
24 judgeships of the 22nd judicial circuit shall be only the
25 number of at large judgeships assigned to the 22nd judicial
26 circuit pursuant to subsection (b).

 

 

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1     (b-15) If subsection (b-10) applies, then each vacancy
2 occurring in an at large judgeship of the 19th judicial circuit
3 on or after the holding of unconstitutionality shall not be
4 filled by any means and each of those vacant judgeships is
5 abolished, until the number of at large judgeships of the 19th
6 judicial circuit returns to the number of at large judgeships
7 specified for the 19th judicial circuit by subsection (b-10).
8 If subsection (b-10) applies, then each vacancy occurring in an
9 at large judgeship of the 22nd judicial circuit on or after the
10 holding of unconstitutionality shall not be filled by any means
11 and each of those vacant judgeships is abolished, until the
12 number of at large judgeships of the 22nd judicial circuit
13 returns to the number of at large judgeships specified for the
14 22nd judicial circuit by subsection (b-10).
15     (c) The 6 resident judgeships elected from Lake County
16 before the general election in 2006 shall become resident
17 judgeships in the 19th circuit on December 4, 2006, and the 3
18 resident judgeships elected from McHenry County before the
19 general election in 2006 shall become resident judgeships in
20 the 22nd circuit on December 4, 2006.
21     (d) On December 4, 2006, the Supreme Court shall allocate
22 the associate judgeships of the 19th circuit before that date
23 between the 19th and 22nd circuits based on the residency of
24 the associate judges; however, the number of associate judges
25 allocated to the 19th circuit shall be no less than the number
26 of associate judges residing in Lake County on March 22, 2004.

 

 

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1     (e) On December 4, 2006, the Supreme Court shall allocate
2 personnel, books, records, documents, property (real and
3 personal), funds, assets, liabilities, and pending matters
4 concerning the 19th circuit before that date between the 19th
5 and 22nd circuits based on the population and staffing needs of
6 those circuits and the efficient and proper administration of
7 the judicial system. The rights of employees under applicable
8 collective bargaining agreements are not affected by this
9 amendatory Act of the 93rd General Assembly.
10     (f) The judgeships set forth in this Section include the
11 judgeships authorized under Sections 2g, 2h, and 2j. The
12 judgeships authorized in those Sections are not in addition to
13 those set forth in this Section.
14 (Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04;
15 94-727, eff. 2-14-06.)
 
16     (705 ILCS 35/2f-2)
17     Sec. 2f-2. 19th judicial circuit; subcircuits; additional
18 judges.
19     (a) The 19th circuit shall be divided into 6 subcircuits.
20 The subcircuits shall be compact, contiguous, and
21 substantially equal in population. The General Assembly by law
22 shall create the subcircuits, using population data as
23 determined by the 2000 federal census, and shall determine a
24 numerical order for the 6 subcircuits. That numerical order
25 shall be the basis for the order in which resident judgeships

 

 

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1 are assigned to the subcircuits. The 6 resident judgeships to
2 be assigned that are not added by or converted from at large
3 judgeships as provided in this amendatory Act of the 96th
4 General Assembly shall be assigned to the 1st, 2nd, 3rd, 4th,
5 5th, and 6th subcircuits, in that order. The 6 resident
6 judgeships to be assigned that are added by or converted from
7 at large judgeships as provided in this amendatory Act of the
8 96th General Assembly shall be assigned to the 6th, 5th, 4th,
9 3rd, 2nd, and 1st subcircuits, in that order. Once a resident
10 judgeship is assigned to a subcircuit, it shall continue to be
11 assigned to that subcircuit for all purposes.
12     (a-5) Of the at large judgeships of the 19th judicial
13 circuit, the first 3 that are or become vacant on or after the
14 effective date of this amendatory Act of the 96th General
15 Assembly shall become resident judgeships of the 19th judicial
16 circuit to be allotted by the Supreme Court under subsection
17 (c) and filled by election, except that the Supreme Court may
18 fill those judgeships by appointment for any remainder of a
19 vacated term until the resident judgeships are filled initially
20 by election. As used in this subsection, a vacancy does not
21 include the expiration of a term of an at large judge who seeks
22 retention in that office at the next term.
23     (a-10) The 19th judicial circuit shall have 3 additional
24 resident judgeships to be allotted by the Supreme Court under
25 subsection (c). One of the additional resident judgeships shall
26 be filled by election beginning at the 2010 general election.

 

 

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1 Two of the additional resident judgeships shall be filled by
2 election beginning at the 2012 general election.
3     (b) The 19th circuit shall have a total of 12 6 resident
4 judgeships (6 resident judgeships existing on the effective
5 date of this amendatory Act of the 96th General Assembly, 3
6 formerly at large judgeships as provided in subsection (a-5),
7 and 3 resident judgeships added by subsection (a-10)). The
8 number of resident judgeships allotted to subcircuits of the
9 19th judicial circuit pursuant to this Section shall constitute
10 all the resident judgeships of the 19th judicial circuit.
11     (c) The Supreme Court shall allot (i) all vacancies in
12 resident judgeships of the 19th circuit existing on or
13 occurring on or after the effective date of this amendatory Act
14 of the 93rd General Assembly and not filled at the 2004 general
15 election, and (ii) the resident judgeships of the 19th circuit
16 filled at the 2004 general election as those judgeships
17 thereafter become vacant, (iii) the 3 formerly at large
18 judgeships described in subsection (a-5) as they become
19 available, and (iv) the 3 resident judgeships added by
20 subsection (a-10), for election from the various subcircuits
21 until there are 2 resident judges is one resident judge to be
22 elected from each subcircuit. No resident judge of the 19th
23 circuit serving on the effective date of this amendatory Act of
24 the 93rd General Assembly shall be required to change his or
25 her residency in order to continue serving in office or to seek
26 retention in office as resident judgeships are allotted by the

 

 

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1 Supreme Court in accordance with this Section.
2     (d) A resident judge elected from a subcircuit shall
3 continue to reside in that subcircuit as long as he or she
4 holds that office. A resident judge elected from a subcircuit
5 after January 1, 2008, must retain residency as a registered
6 voter in the subcircuit to run for retention from the circuit
7 at large thereafter.
8     (e) Vacancies in resident judgeships of the 19th circuit
9 shall be filled in the manner provided in Article VI of the
10 Illinois Constitution.
11 (Source: P.A. 94-727, eff. 2-14-06; 95-610, eff. 9-11-07.)
 
12     (705 ILCS 35/2f-4)
13     Sec. 2f-4. 12th circuit; subcircuits; additional judges.
14     (a) The 12th circuit shall be divided into 5 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 5 subcircuits. That numerical order
20 shall be the basis for the order in which resident judgeships
21 are assigned to the subcircuits. The 5 resident judgeships to
22 be assigned after the effective date of this amendatory Act of
23 the 96th General Assembly shall be assigned to the 3rd, 4th,
24 5th, 1st, and 2nd subcircuits, in that order. Once a resident
25 judgeship is assigned to a subcircuit, it shall continue to be

 

 

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1 assigned to that subcircuit for all purposes.
2     (a-10) The first vacancy in the 12th judicial circuit's 10
3 existing circuit judgeships (8 at large and 2 resident), but
4 not in the additional judgeships described in subsections (b)
5 and (b-5), that exists on or after the effective date of this
6 amendatory Act of the 94th General Assembly shall not be
7 filled, by appointment or election, and that judgeship is
8 eliminated. Of the 12th judicial circuit's 10 existing circuit
9 judgeships (8 at large and 2 resident), but not the additional
10 judgeships described in subsections (b) and (b-5), the second
11 to be vacant or become vacant on or after the effective date of
12 this amendatory Act of the 94th General Assembly shall be
13 allotted as a 12th circuit resident judgeship under subsection
14 (c).
15     (a-15) Of the at large judgeships of the 12th judicial
16 circuit not affected by subsection (a-10), the first 2 that are
17 or become vacant on or after the effective date of this
18 amendatory Act of the 96th General Assembly shall become
19 resident judgeships of the 12th judicial circuit to be allotted
20 by the Supreme Court under subsection (c) and filled by
21 election, except that the Supreme Court may fill those
22 judgeships by appointment for any remainder of a vacated term
23 until the resident judgeships are filled initially by election.
24     (a-20) As used in subsections (a-10) and (a-15) this
25 subsection, a vacancy does not include the expiration of a term
26 of an at large or resident judge who seeks retention in that

 

 

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1 office at the next term.
2     (b) The 12th circuit shall have 6 3 additional resident
3 judgeships, as well as its existing resident judgeship as
4 established in subsection (a-10) or judgeships, and existing at
5 large judgeships, for a total of 15 12 judgeships available to
6 be allotted under subsection (c) to the 10 5 subcircuit
7 resident judgeships. The additional resident judgeship created
8 by Public Act 93-541 shall be filled by election beginning at
9 the general election in 2006. The 2 additional resident
10 judgeships created by this amendatory Act of 2004 shall be
11 filled by election beginning at the general election in 2008.
12 The additional resident judgeships created by this amendatory
13 Act of the 96th General Assembly shall be filled by election
14 beginning at the general election in 2010. After the
15 subcircuits are created by law, the Supreme Court may fill by
16 appointment the additional resident judgeships created by
17 Public Act 93-541, and this amendatory Act of 2004, and this
18 amendatory Act of the 96th General Assembly until the 2006, or
19 2008, or 2010 general election, as the case may be.
20     (b-5) In addition to the number of circuit judges and
21 resident judges otherwise authorized by law, and
22 notwithstanding any other provision of law, beginning on April
23 1, 2006 there shall be one additional resident judge who is a
24 resident of and elected from the fourth judicial subcircuit of
25 the 12th judicial circuit. That additional resident judgeship
26 may be filled by appointment by the Supreme Court until filled

 

 

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1 by election at the general election in 2008, regardless of
2 whether the judgeships for subcircuits 1, 2, and 3 have been
3 filled.
4     (c) The Supreme Court shall allot (i) the additional
5 resident judgeships of the 12th circuit created by Public Act
6 93-541, and this amendatory Act of 2004, and this amendatory
7 Act of the 96th General Assembly, and (ii) the second vacancy
8 in the at large and resident judgeships of the 12th circuit as
9 provided in subsection (a-10), and (iii) the 2 formerly at
10 large judgeships described in subsection (a-15) as they become
11 available, for election from the various subcircuits until,
12 with the additional judge of the fourth subcircuit described in
13 subsection (b-5), there are 2 is one resident judges judge to
14 be elected from each subcircuit. No at large or resident judge
15 of the 12th circuit serving on August 18, 2003 shall be
16 required to change his or her residency in order to continue
17 serving in office or to seek retention in office as at large or
18 resident judgeships are allotted by the Supreme Court in
19 accordance with this Section.
20     (d) A resident judge elected from a subcircuit shall
21 continue to reside in that subcircuit as long as he or she
22 holds that office. A resident judge elected from a subcircuit
23 after January 1, 2008, must retain residency as a registered
24 voter in the subcircuit to run for retention from the circuit
25 at large thereafter.
26     (e) Vacancies in resident judgeships of the 12th circuit

 

 

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1 shall be filled in the manner provided in Article VI of the
2 Illinois Constitution, except as otherwise provided in this
3 Section.
4 (Source: P.A. 94-727, eff. 2-14-06; 95-610, eff. 9-11-07.)
 
5     (705 ILCS 35/2f-5)
6     Sec. 2f-5. 22nd circuit; subcircuits; additional resident
7 judgeship.
8     (a) The 22nd circuit shall be divided into 4 subcircuits.
9 The subcircuits shall be compact, contiguous, and
10 substantially equal in population. The General Assembly by law
11 shall create the subcircuits, using population data as
12 determined by the 2000 federal census, and shall determine a
13 numerical order for the 4 subcircuits. That numerical order
14 shall be the basis for the order in which resident judgeships
15 are assigned to the subcircuits. Once a resident judgeship is
16 assigned to a subcircuit, it shall continue to be assigned to
17 that subcircuit for all purposes.
18     (b) Other than the resident judgeship added by this
19 amendatory Act of the 96th General Assembly, the The 22nd
20 circuit shall have one additional resident judgeship, as well
21 as its 3 existing resident judgeships, for a total of 4
22 resident judgeships to be allotted to the 4 subcircuit resident
23 judgeships. The additional resident judgeship created by this
24 amendatory Act of the 93rd General Assembly shall be filled by
25 election beginning at the general election in 2006 and shall

 

 

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1 not be filled by appointment before the general election in
2 2006. The number of resident judgeships allotted to subcircuits
3 of the 22nd judicial circuit pursuant to this Section, and the
4 resident judgeship added by this amendatory Act of the 96th
5 General Assembly, shall constitute all the resident judgeships
6 of the 22nd judicial circuit.
7     (c) The Supreme Court shall allot (i) all eligible
8 vacancies in resident judgeships of the 22nd circuit existing
9 on or occurring on or after August 18, 2003 and not filled at
10 the 2004 general election, (ii) the resident judgeships of the
11 22nd circuit filled at the 2004 general election as those
12 judgeships thereafter become vacant, and (iii) the additional
13 resident judgeship of the 22nd circuit created by this
14 amendatory Act of the 93rd General Assembly, for election from
15 the various subcircuits until there is one resident judge to be
16 elected from each subcircuit. No resident judge of the 22nd
17 circuit serving on August 18, 2003 shall be required to change
18 his or her residency in order to continue serving in office or
19 to seek retention in office as resident judgeships are allotted
20 by the Supreme Court in accordance with this Section.
21     (d) A resident judge elected from a subcircuit shall
22 continue to reside in that subcircuit as long as he or she
23 holds that office. A resident judge elected from a subcircuit
24 after January 1, 2008, must retain residency as a registered
25 voter in the subcircuit to run for retention from the circuit
26 at large thereafter.

 

 

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1     (e) Vacancies in resident judgeships of the 22nd circuit
2 shall be filled in the manner provided in Article VI of the
3 Illinois Constitution.
4 (Source: P.A. 94-727, eff. 2-14-06; 95-610, eff. 9-11-07.)
 
5     (705 ILCS 35/2f-6)
6     Sec. 2f-6. 17th judicial circuit; subcircuits.
7     (a) The 17th circuit shall be divided into 4 subcircuits.
8 The subcircuits shall be compact, contiguous, and
9 substantially equal in population. The General Assembly by law
10 shall create the subcircuits, using population data as
11 determined by the 2000 federal census, and shall determine a
12 numerical order for the 4 subcircuits. That numerical order
13 shall be the basis for the order in which resident judgeships
14 are assigned to the subcircuits. Once a resident judgeship is
15 assigned to a subcircuit, it shall continue to be assigned to
16 that subcircuit for all purposes.
17     (a-10) Of the 17th circuit's 9 existing circuit judgeships
18 existing on April 7, 2005 (6 at large and 3 resident), but not
19 including the one resident judgeship added by this amendatory
20 Act of the 96th General Assembly, the 3 resident judgeships
21 shall be allotted as 17th circuit resident judgeships under
22 subsection (c) as those resident judgeships are or become
23 vacant on or after the effective date of this amendatory Act of
24 the 93rd General Assembly. Of the 17th circuit's associate
25 judgeships, the first associate judgeship that is or becomes

 

 

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1 vacant on or after the effective date of this amendatory Act of
2 the 93rd General Assembly shall become a resident judgeship of
3 the 17th circuit to be allotted by the Supreme Court under
4 subsection (c) as a resident subcircuit judgeship. These
5 resident judgeships, and the one resident judgeship added by
6 this amendatory Act of the 96th General Assembly, shall
7 constitute all of the resident judgeships of the 17th circuit.
8 As used in this subsection, a vacancy does not include the
9 expiration of a term of a resident judge who seeks retention in
10 that office at the next term. A vacancy does not exist or occur
11 at the expiration of an associate judge's term if the associate
12 judge is reappointed.
13     (b) The 17th circuit shall have a total of 4 judgeships (3
14 resident judgeships existing on April 7, 2005 and one associate
15 judgeship), but not including the one resident judgeship added
16 by this amendatory Act of the 96th General Assembly, available
17 to be allotted to the 4 subcircuit resident judgeships.
18     (c) The Supreme Court shall allot (i) the 3 resident
19 judgeships of the 17th circuit existing on April 7, 2005 as
20 they are or become vacant as provided in subsection (a-10) and
21 (ii) the one associate judgeship converted into a resident
22 judgeship of the 17th circuit as it is or becomes vacant as
23 provided in subsection (a-10), for election from the various
24 subcircuits until there is one resident judge to be elected
25 from each subcircuit. No resident or associate judge of the
26 17th circuit serving on the effective date of this amendatory

 

 

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1 Act of the 93rd General Assembly shall be required to change
2 his or her residency in order to continue serving in office or
3 to seek retention or reappointment in office as resident
4 judgeships are allotted by the Supreme Court in accordance with
5 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. 95-610, eff. 9-11-07.)
 
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
4 existing on April 7, 2005 (7 at large and 9 resident), but not
5 including the 3 resident judgeships added by this amendatory
6 Act of the 96th General Assembly, 5 of the 9 resident
7 judgeships shall be allotted as 16th circuit resident
8 judgeships under subsection (c) as (i) the first resident
9 judgeship of DeKalb County, (ii) the first resident judgeship
10 of Kendall County, and (iii) the first 2 resident judgeships of
11 Kane County are or become vacant on or after the effective date
12 of this amendatory Act of the 93rd General Assembly, and (iv)
13 the first resident judgeship of Kane County (in addition to the
14 2 vacancies under item (iii)) is or becomes vacant after the
15 effective date of this amendatory Act of the 94th General
16 Assembly. These 5 resident subcircuit judgeships and the
17 remaining 7 4 resident judgeships shall constitute all of the
18 resident judgeships of the 16th circuit. As used in this
19 subsection, a vacancy does not include the expiration of a term
20 of a resident judge who seeks retention in that office at the
21 next term.
22     (c) The Supreme Court shall allot the first eligible DeKalb
23 County vacancy, the first eligible Kendall County vacancy, and
24 the first 3 eligible Kane County vacancies in resident
25 judgeships of the 16th circuit as provided in subsection (b),
26 for election from the various subcircuits. The judgeships shall

 

 

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1 be assigned to the subcircuits based upon the numerical order
2 of the 5 subcircuits. No resident judge of the 16th circuit
3 serving on the effective date of this amendatory Act of the
4 93rd General Assembly shall be required to change his or her
5 residency in order to continue serving in office or to seek
6 retention in office as judgeships are allotted by the Supreme
7 Court in accordance with this Section.
8     (d) A resident judge elected from a subcircuit shall
9 continue to reside in that subcircuit as long as he or she
10 holds that office. A resident judge elected from a subcircuit
11 after January 1, 2008, must retain residency as a registered
12 voter in the subcircuit to run for retention from the circuit
13 at large thereafter.
14     (e) Vacancies in resident judgeships of the 16th circuit
15 shall be filled in the manner provided in Article VI of the
16 Illinois Constitution.
17 (Source: P.A. 94-3, eff. 5-31-05; 95-610, eff. 9-11-07.)
 
18     (705 ILCS 35/2k new)
19     Sec. 2k. Additional 16th circuit resident judge; Kane
20 County. In addition to the number of circuit judges otherwise
21 authorized by this Act, there shall be one additional judge
22 elected in the 16th judicial circuit who shall be a resident of
23 and elected from Kane County. The additional resident circuit
24 judgeship created by this Section may be filled by appointment
25 by the Illinois Supreme Court until the judgeship is filled by

 

 

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1 election beginning at the 2010 general election. The judgeship
2 provided by this Section shall not be a subcircuit judgeship.
 
3     (705 ILCS 35/2m new)
4     Sec. 2m. Additional 16th circuit resident judge; DeKalb
5 County. In addition to the number of circuit judges otherwise
6 authorized by this Act, there shall be one additional judge
7 elected in the 16th judicial circuit who shall be a resident of
8 and elected from DeKalb County. The additional resident circuit
9 judgeship created by this Section may be filled by appointment
10 by the Illinois Supreme Court until the judgeship is filled by
11 election beginning at the 2010 general election. The judgeship
12 provided by this Section shall not be a subcircuit judgeship.
 
13     (705 ILCS 35/2n new)
14     Sec. 2n. Additional 16th circuit resident judge; Kendall
15 County. In addition to the number of circuit judges otherwise
16 authorized by this Act, there shall be one additional judge
17 elected in the 16th judicial circuit who shall be a resident of
18 and elected from Kendall County. The additional resident
19 circuit judgeship created by this Section may be filled by
20 appointment by the Illinois Supreme Court until the judgeship
21 is filled by election beginning at the 2010 general election.
22 The judgeship provided by this Section shall not be a
23 subcircuit judgeship.
 

 

 

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1     (705 ILCS 35/2p new)
2     Sec. 2p. Additional 13th circuit resident judge; Grundy
3 County. In addition to the number of circuit judges otherwise
4 authorized by this Act, there shall be one additional circuit
5 judge in the 13th circuit who shall be a resident of and
6 elected from Grundy County. The judgeship shall be filled by
7 appointment until it is filled by election at the general
8 election in November of 2010.
 
9     (705 ILCS 35/2q new)
10     Sec. 2q. Additional 17th circuit resident judge; Boone
11 County. In addition to the number of circuit judges otherwise
12 authorized by this Act, there shall be one additional judge
13 elected in the 17th judicial circuit who shall be a resident of
14 and elected from Boone County. The additional resident circuit
15 judgeship created by this Section may be filled by appointment
16 by the Illinois Supreme Court until the judgeship is filled by
17 election beginning at the 2010 general election. The judgeship
18 provided by this Section shall not be a subcircuit judgeship. A
19 resident judge elected from Boone County under this Section
20 must continue to reside in Boone County as long as he or she
21 holds that office.
 
22     (705 ILCS 35/2r new)
23     Sec. 2r. Additional 22nd circuit resident judge. In
24 addition to the number of circuit judges otherwise authorized

 

 

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1 by this Act, there shall be one additional judge elected in the
2 22nd judicial circuit. The additional resident circuit
3 judgeship created by this Section may be filled by appointment
4 by the Illinois Supreme Court until the judgeship is filled by
5 election beginning at the 2010 general election. The judgeship
6 provided by this Section shall not be a subcircuit judgeship.
 
7     Section 10. The Associate Judges Act is amended by adding
8 Sections 2.2, 2.3, 2.4, and 2.5 as follows:
 
9     (705 ILCS 45/2.2 new)
10     Sec. 2.2. Additional associate judge; 16th circuit. In
11 addition to the number of associate judges authorized under
12 Sections 2 and 2.1 of this Act, there shall be one additional
13 associate judge appointed in the 16th circuit.
 
14     (705 ILCS 45/2.3 new)
15     Sec. 2.3. Additional associate judge; 17th circuit. In
16 addition to the number of associate judges authorized under
17 Sections 2 and 2.1 of this Act, there shall be one additional
18 associate judge appointed in the 17th circuit.
 
19     (705 ILCS 45/2.4 new)
20     Sec. 2.4. Additional associate judges; 18th circuit. In
21 addition to the number of associate judges authorized under
22 Sections 2 and 2.1 of this Act, there shall be 2 additional

 

 

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1 associate judges appointed in the 18th circuit.
 
2     (705 ILCS 45/2.5 new)
3     Sec. 2.5. Additional associate judge; 13th circuit. In
4 addition to the number of associate judges authorized under
5 Sections 2 and 2.1 of this Act, there shall be one additional
6 associate judge appointed in the 13th circuit.
 
7     Section 99. Effective date. This Act takes effect upon
8 becoming law.